Community › Forums › Legal Advice India › Need legal advice .
- This topic has 9 replies, 3 voices, and was last updated 1 year, 2 months ago by
Brightgopal2019.
-
AuthorPosts
-
-
BBrightgopal2019
PARTICIPANT
April 8, 2025 at 10:01 amIt’s urgent plz helpCan I live separately just 1-2 weeks after marriage? Is there any law which restrict me to live separately?
Also wants to know when can I file for divorce means what are the laws and time period for filing mutual or contested divorce? -
DDesiknight9081
PARTICIPANT
April 8, 2025 at 11:07 amYou can, if there are valid grounds.-
BBrightgopal2019
OP
April 8, 2025 at 11:09 amWhat are grounds which we can use?-
DDesiknight9081
PARTICIPANT
April 8, 2025 at 11:21 amGrounds that make living together an impossibility i.e. extreme cruelty, unreasonable failure in fulfilment of marital obligations etc. Like it shouldnโt be without just cause!
-
-
-
EExpertfalcon9377
PARTICIPANT
April 9, 2025 at 11:07 amWas your marriage conducted as per Hindu customs? My answer is based on presumption that you both are hindu –1) Yes, you can live separately in just 1-2 weeks post marriage.
2) There is No law which restricts you to live separately like this. However, if your spouse obtains a Decree of restitution of conjugal rights against you, then you will be Legally obliged to reside with your spouse. However, if you do not comply with this decree for 1 year from the date of decree, then it can be used as a ground for divorce.
3) For Mutual divorce you both have to wait one year from the date of marriage, before applying for divorce and will be given an additional cooling off period of at least 6 months before a decree of divorce can be passed.
In case of a contested divorce also, a waiting period of 1 year is required. Depending upon the discretion of the judge, if exceptional circumstances exist, a relaxation in minimum period may be given. Under section 13 of the HMA are given the grounds for divorce.
-
BBrightgopal2019
OP
April 9, 2025 at 1:25 pmThank for respondingYes we both are hindu .
So I can denie to live together even after decree .
And what about cooling period of 6 month in mutual divorce? Is it compulsory to live together in cooling period?-
EExpertfalcon9377
PARTICIPANT
April 9, 2025 at 3:32 pmNo it’s not mandatory to live together during the cooling period-
BBrightgopal2019
OP
April 9, 2025 at 3:33 pmThank you so much-
EExpertfalcon9377
PARTICIPANT
April 9, 2025 at 3:34 pmYou’re welcome-
BBrightgopal2019
OP
April 9, 2025 at 3:35 pmAre you a lawyer?
-
-
-
-
-
-
-
AuthorPosts