Can We Get A Mutual Divorce In 2 Months?
According to Section 13(B) of the Act, the couple must have been living separately for at least a year prior to filing the petition in order for the marriage to be mutually dissolved. After the parties have been apart for a year, the petition must be filed within that year. "Living Separately" as used in Section 13B does not always mean moving to a different place physically. Even though the parties may reside under the same roof and in the same home, there may still be a distance between them. If so, they do not qualify as living as husband and wife and must instead be considered to be living separately. The Honorable Supreme Court made the same ruling in the case of Sureshta Devi v. Om Prakash. When it was made apparent that residing apart from one another does not necessarily entail relocating. The parties may live together but not as husband and wife. Parties have had trouble coexisting. Although relationships are said to b...