My divorce proceedings have started, but I’m facing a hurdle with the next step. Can I still proceed with the second motion, or do I have to start the entire process again? Also, if we’ve been separated for more than 5 years, is that automatically considered a divorce in India? If so, does it require any legal formalities?

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Apni Law
Law Forum › Category: Divorce › My divorce proceedings have started, but I’m facing a hurdle with the next step. Can I still proceed with the second motion, or do I have to start the entire process again? Also, if we’ve been separated for more than 5 years, is that automatically considered a divorce in India? If so, does it require any legal formalities?
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Apni Law Staff asked 2 years ago

My divorce proceedings have started, but I’m facing a hurdle with the next step. Can I still proceed with the second motion, or do I have to start the entire process again? Also, if we’ve been separated for more than 5 years, is that automatically considered a divorce in India? If so, does it require any legal formalities?

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Best Answer

Apni Law Staff answered 2 years ago

In India, a second motion can proceed in divorce proceedings if it’s related to the existing case. Separation for 5 years doesn’t automatically constitute divorce. To legally end the marriage, you’ll need to file a divorce petition with the appropriate court based on grounds recognized by the law.

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