My brother, married under Hindu law, is facing difficulties in his marriage. It’s been a year and a half, and differences of opinion, ego clashes, and distress from his wife have led him to consider divorce. They have no children. Both are Hindu, but his wife is not agreeable to a mutual separation. We are planning to send a divorce notice. Would it be better to file for divorce now or after a year of living separately? If the latter is more advantageous, I would appreciate knowing the benefits. Thanks for your advice.

Apni Law
Apni Law
Law Forum › Category: Divorce › My brother, married under Hindu law, is facing difficulties in his marriage. It’s been a year and a half, and differences of opinion, ego clashes, and distress from his wife have led him to consider divorce. They have no children. Both are Hindu, but his wife is not agreeable to a mutual separation. We are planning to send a divorce notice. Would it be better to file for divorce now or after a year of living separately? If the latter is more advantageous, I would appreciate knowing the benefits. Thanks for your advice.
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Apni Law Staff asked 2 years ago

My brother, married under Hindu law, is facing difficulties in his marriage. It’s been a year and a half, and differences of opinion, ego clashes, and distress from his wife have led him to consider divorce. They have no children. Both are Hindu, but his wife is not agreeable to a mutual separation. We are planning to send a divorce notice. Would it be better to file for divorce now or after a year of living separately? If the latter is more advantageous, I would appreciate knowing the benefits. Thanks for your advice.

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Apni Law Staff answered 2 years ago

Under Hindu law, a divorce can be filed after one year of continuous separation with mutual consent. Filing after a year of separation offers the advantage of proving irretrievable breakdown of marriage, strengthening your brother’s case. However, it’s crucial to consult a legal professional for personalized advice and to explore all options before proceeding.

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