One of the conditions mentioned in Section 13-B of the Hindu Marriage Act, that deals with “Divorce by mutual consent”, is that the husband and wife have been living separately for a period of one year or more. Therefore, it is an essential condition and is required to be fulfilled for filing a case of divorce by mutual consent.
No specific type of evidence is prescribed under law to prove this fact. As per the Evidence Act, evidence can be in the form of oral evidence or documentary evidence. You can provide any proof that should be acceptable and reliable to prove this fact of living separately for one year or more. For example, if possible, you can give your separate address proofs. In fact, generally, a mere mention in the petition of the fact that you have been living separately may also be sufficient.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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