Mutual Divorce Agreement After Living Separately for Over a Year Does Not Negate Separation: Allahabad High Court

Family disputes often lead to long separation between spouses before they agree to file for divorce. In a significant judgment, the Allahabad High Court has clarified that the period of separation prior to the agreement for divorce by mutual consent must be counted when considering the one-year separation requirement under Section 13-B(1) of the Hindu Marriage Act, 1955. Background of marriage and separation The case involved Smt. Meenakshi Gupta and…