• Legal separation

What is the procedure for legal separation in india? Can i file for legal separation after two months of marriage? Does my wife has to agree for it? Or can i file on myself to court?
Asked 7 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

Annulment is a legal procedure for declaring a marriage null and void with in one year from the marriage date.A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED/SINGLE

Conditions of the annulment of the marriage are:

a. The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)

b. It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)

c. This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.

d. The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)

e. The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year.

f. The parties of marriage should not be impotent or have the disease which can be unable to bear the family.

g. The parties of the marriage should not be of unsound mind.

h. The parties of the marriage should not be in any marriage earlier, and if the marriage has happened, the divorce should have been happened (except for Muslims) before the second marriage.

If the above conditions are satisfied then you can file a petition for Nullity of marriage .

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. For getting legally separated you just need to stay separate from her. For this there is no requirement to file any suit.

2. However if you meant to say divorce then it can be done two methods-

i. For mutual divorce which takes 6 months time to dissolve the marriage you will have to wait for one year from the date of marriage to file suit such suit,

ii. For contested divorce suit you can file beofre one year from the date of marriage but you can file even now if the court at its discretion waive the time limit of one year.

Before taking any decisison do try to sort out the differences with your wife amicably.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If you are a Hindu and married according to Hindu Marriage Act (HMA) then you have to wait for 10 more months as HMA does not permit the filing of divorce petition earlier than a year from the date of marriage. If your spouse is not willing to file for Mutual Consent Divorce then you may unilaterally file for dissolution of marriage on the grounds applicable to your case. Filing of divorce earlier than a year is permitted by the courts only if there is exceptional hardship.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you cnnaot file for judicial separation 2 months after marriage

2) section 10 Judicial separation .

(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

3) you can file for judicial separation on expiry of one year of marriage

4) it is not necessary that your wife agrees for filing petition

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Dear Querist

As per section 10 of Hindu Marriage Act-1955, there is a procedure for judicial separation and you may file it but after completion of One year of marriage, if there is no exceptional Hardship.

10 Judicial separation .? 10 [

(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. You shall have to wait for completion of one year of your marriage for filing a divorce suit as per the appropriate act in India.

2. In case of contested divorce your wife is not required to agree or give consent for the said divorce.

3. in case of mutual consent divorce petition, it is to be jointly filed by both the couple after setting terms, if any, for the said MCD and the said MCD petition is disposed of within 6 & 1/2 months from the date of its filing.

4. MCD can be filed after completion of 1 year of marriage wherein it shall have to be mentioned that both are staying separately for at least one year.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You can file a petition under section 10 of Hindu marriage act seeking judicial separation on the grounds whatever you may rely upon.

Let she contest an the court hear both the sides before arriving at a decision.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer