Parties Opting for Mutual Divorce After Year-Long Separation Doesn't Negate Separation: Allahabad HC

The Allahabad High Court ruled that a mutual divorce petition remains valid even if the parties had been living separately for over a year before agreeing to divorce.

In this case, the couple married in 2004 and had three children. They began living apart on January 12, 2022, and agreed to divorce on August 1, 2023. The Family Court had rejected their petition, considering the separation period to start only after the mutual agreement.

However, the High Court clarified that the requirement under Section 13-B(1) of the Hindu Marriage Act is a separation of one year or more before filing the petition, regardless of when mutual consent is reached

Accordingly, the marriage was dissolved.