Dear Client,

For filling diovrce case, no need to stay separate and denying for cohabitation and mental cruelty valid ground for divorce.

You can process for divorce.

You may file for divorce being under the same roof on the ground of non cohabitation which is a cruelty within the meaning of marriage act.

However, if both of you are agreeable for divorce, then file a petition for mutual consent divorce on agreeable terms and this process will be faster.

Neither a legal notice nor Separation is a condition precedent for filing a divorce case.

You can request your wife for divorce by mutual consent

2) if she refuses file for divorce on grounds of mental cruelty

3) wife refusing to have sex amounts to mental cruelty and is ground for divorce

Hi, yes you can file a contested divorce petition on the grounds of mental cruelty .. However , merely the ground of denial of sexual act cannot be a ground of divorce

Separation is the basis condition for 6 months and then you may issue notice or file a divorce petition on cruelity and desertion.

This is my response to you:

1. You will need to be separated before filing for divorce;

2. You can directly file a petition for divorce;

3. But before all of that approach a marriage counselor and try to mediate your disputes and settle it;

4. If there is irretrievable breakdown of marriage then go for divorce;

5. Also it is advisable to go for mutual consent divorce rather than contested divorce.

You can serve a legal notice for divorce to her even if you are cohabiting together and there is no bar that is spouses have to be separated in order to file for contested divorce on grounds for cruel.

Regards

1. There is no requirement to send a legal notice for divorce. You can file the petition for dissolution of marriage without serving any legal notice.

2. A marriage without sex has been held to be anathema by the Supreme Court, hence is cruelty.

3. No separation is required to be able to file the petition.

1. Yes you can file a divorce case. Denial of matrimonial dues is cruelty.

2. Yes. there is a requirement to be separated before filing divorce. But separation can be even when 2 parties are staying under the same roof without a matrimonial relationship between them. If you can prove this, you will be able to use the clause of cruelty.

If the situation is intolerable and if you feel that this marriage is dead and no chances for reconciliation then you may decide to part your ways with her by a decree of divorce through a court of law.

You may even file the divorce case directly without issuing notice.

Since you both are living separately even though under same roof, this is sufficient to prove the mental cruelty, besides other grounds or reasons.

You may proceed as per your proposal after consulting a local lawyer.