• Mutual consent divorce

Hi, need clarity on the "mandatory 1 year separation before filing" clause.

Does it mean that we have to live in two different houses before we can file 'mutual consent divorce' .... is there a way around this? I and my spouse are married for almost 7 years and have been living together. And have decided to part ways now through mutual consent.

If the above clause is mandatory, then one of us will have to move out to a different apartment?

Please advise.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

it is not necessary that you have to stay in 2 separate houses before filing for mutual consent divorce

2) you may stay in the same flat but you should not be staying as husband and wife for period of one year before filing for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1.Well since this is mutual consent divorce the court does not look for any evidence and hence making statements the petition giving two separate addresses are enough.

2. So without moving out of present location it can be done.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

there is no bar that the parties are living separately in different Houses, if the parties are residing in the same roof but have no physical relationship from last one year then it may be consider as separation and based on this the Mutual Consent Divorce can be filed U/s 13B of Hindu Marriage Act-1955.

if you need judgment then you can pay consultation fee and get the same

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hello,

1) One year physical separation is not mandatory. You need to state that though you were staying under the same roof you did not have any matrimonial relationship and lived as strangers and head no physical, sexual and matrimonial relationship in your joint petition seeking divorce by mutual consent.

2) What you jointly state as the fact will be taken on face value by the court. You will submit affidavits to that effect.

3) Therefore there's no hindrance about your filing for MCD while living in the same house

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

we can file 'mutual consent divorce' .... is there a way around this? I and my spouse are married for almost 7 years and have been living together. And have decided to part ways now through mutual consent.

If the above clause is mandatory, then one of us will have to move out to a different apartment?

The one year separation preceding the date of filing the application for mutual consent divorce means that both are living separately from each other though both are residing in the same house under the same roof.

It is not necessary that both should live separately away from each other in different houses.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

It is advisable to engage a lawyer for drafting and filing petition for divorce by mutual consent , drafting consent terms , filing affidavits ,etc

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The procedure to be followed up for filing the case before court will differ from place to place, hence it would be better you take the assistance of a local lawyer and get the case filed properly.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. living separately means parties to the marriage have not been living as husband and wife although they are living in same roof.

2. denial of marital obligation is the essential element for deciding separation.

3. you can file MCD and it is maintainable.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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