My husband left me four months ago after we moved out of my in-laws’ place. We had a disagreement, and an NGO helped us decide to live separately. We rented a flat, but he only stayed for ten days before moving to a PG after a fight. I called the police, and we underwent medical tests. Sadly, I had a miscarriage due to the stress. I want to stay with him, but he’s not cooperating. Can he file for divorce based on our separation for six months?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband left me four months ago after we moved out of my in-laws’ place. We had a disagreement, and an NGO helped us decide to live separately. We rented a flat, but he only stayed for ten days before moving to a PG after a fight. I called the police, and we underwent medical tests. Sadly, I had a miscarriage due to the stress. I want to stay with him, but he’s not cooperating. Can he file for divorce based on our separation for six months?
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Apni Law Staff asked 2 years ago

My husband left me four months ago after we moved out of my in-laws’ place. We had a disagreement, and an NGO helped us decide to live separately. We rented a flat, but he only stayed for ten days before moving to a PG after a fight. I called the police, and we underwent medical tests. Sadly, I had a miscarriage due to the stress. I want to stay with him, but he’s not cooperating. Can he file for divorce based on our separation for six months?

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Apni Law Staff answered 2 years ago

Under Indian law, a six-month separation doesn’t automatically grant grounds for divorce. Your husband needs to prove the separation was mutual, with both parties intending to end the marriage. The circumstances of your separation, including your husband’s departure after a fight and your miscarriage due to the stress, are factors that could be considered in a divorce case.

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Next Article My wife and I are separated for the past six months. She’s in Gurgaon, I’m in Delhi, and our divorce case is ongoing in the Gwalior Family Court. I’m worried she or her mother might come to my office and cause a scene in front of my colleagues. My office has CCTV cameras everywhere. What legal steps can I take if this happens?

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