Can I file for divorce based on decree and two-year separation?

I was married on May 22, 2021, but my wife left me on May 10, 2022. I filed a Section 9 of the Hindu Marriage Act (HMOP) case on August 2, 2023, and the court has passed a decree in my favor. My lawyer advised me to wait for one year before filing for divorce based on this decree. I intend to file for divorce based on the decree. Can I also file for divorce on the grounds of the two-year separation from May 2021 until now. Can I use both points - (1) filing for divorce based on the decree and (2) the two-year separation—as grounds for divorce?

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Advocate By LEAD INDIA Answered: 31 Dec 2024

Sir, you can indeed use both the grounds, non – compliance with the decree u/s 9 of Hindu Marriage Act and separation of two years u/s 13 of Hindu Marriage Act for divorce for which you need to hire an expert matrimonial lawyer. For further legal assistance contact us on our helpline number.
 

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