Published On Premiered Oct 6, 2024
Yes, it is possible to seek a divorce in India after 25 years of marriage, even if the couple has been living separately for a long time. There is no time limit on when a person can file for divorce, and the length of separation can actually strengthen the case under certain grounds.
In India, divorce can be sought under various personal laws (Hindu Marriage Act, Muslim Personal Law, Special Marriage Act, etc.) depending on the religion of the parties. Common grounds for divorce include:
1. Mutual Consent Divorce (Section 13B of the Hindu Marriage Act)
If both spouses agree to the divorce, they can file a joint petition. A minimum period of one year of separation is required, but since the couple has been living separately for 25 years, this condition is clearly met.
After filing, the court requires a 6-month "cooling-off" period, after which the divorce is usually granted.
2. Contested Divorce
If one spouse is not willing to give consent, the other can file a contested divorce on one of the following grounds:
Adultery
Cruelty
Desertion (must be for at least two years; since you're mentioning separation for 25 years, desertion could be a strong ground)
Mental Disorder
Conversion to another religion
Renunciation of the world
Incurable disease
Since the couple has been living separately for a long time, desertion or mutual consent divorce could be the most straightforward options. If mutual consent isn't possible, proving desertion (living separately with no intention to return) can be a valid ground for filing the petition.
#divorce #familylawindia #lawintelugu
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