Why can I seek divorce while still sharing rented house?

Hi. We are living together in a rented 3BHK flat in Trivandrum. I work here as a pilot, and my wife works from home for an MNC. She is a foreign citizen with an OCI card. Neither of us is from Kerala, and we do not own any house or land. We have not been physically involved for over a year and use separate bedrooms. Can I file for divorce while still living in the same rented house, based on these circumstances?

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Advocate By LEAD INDIA Answered: 11 Apr 2025

Yes, you can file for divorce even if you both live in the same rented house. Physical separation, emotional detachment, lack of intimacy, and separate bedrooms can be considered cruelty or desertion, depending on the circumstances. Court will assess your situation. You do not need to vacate the home to file for divorce. For further legal assistance contact us on our helpline number.
 

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