Can I file divorce after five years separation?
I want to file for divorce as my wife has been living separately for the past five years. She has given a written statement in 2020 stating that she is not living with her husband. A maintenance case under Section 125 CrPC is pending before the Allahabad High Court. I currently reside in Bareilly, Uttar Pradesh. Please advise on the legal process.
Dear Client, Yes, you can file for divorce after 5 years of separation as continuous separation is a valid ground For the divorce under the personal laws.. The court will issue the notice, attempt reconciliation, and then proceed with the evidence and the hearing process to finalise the divorce procedure. The 2020 written statement can support your case as proof of separation. In case of mutual divorce, the court will issue a notice, attempts to reconciliation and then proceed with the evidence provided and hearing will take place before deciding the matter. I hope this helps and if you have any further issues do not hesitate to contact us.
Dear client, as per your query, yes, you can absolutely file for divorce after five years of separation in India, this is because, prolonged separation (often two years or more) provides for strong grounds for divorce, either as mutual consent (if agreed) or contested (based on desertion/cruelty), but it's not automatic, this is because, a court petition and decree are always required to legally end any marriage. I hope this answer was helpful. For further queries, please do not hesitate to Contact us. Thank you
Since your wife has been living separately for over five years, you can file for divorce on the ground of desertion under the Hindu Marriage Act, 1955. The pending Section 125 CrPC case does not stop divorce proceedings. The written statement and long separation strongly support your divorce case. For further legal assistance contact us on our helpline number.
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