Yes, a husband and wife can file for divorce even if they are living in the same house. It is not a legal requirement for the parties to be living separately in order to file for divorce in India.
Under the Hindu Marriage Act, 1955, the grounds for divorce include mutual consent, cruelty, desertion, adultery, conversion to another religion, mental disorder, venereal disease, and leprosy, among others.
As long as one of these grounds is satisfied, the parties can initiate divorce proceedings regardless of whether they are living together or separately.
It is common for couples to continue living together during the divorce process for various reasons such as financial constraints, childcare responsibilities, or other personal circumstances.
The court will focus on the legal grounds for divorce and the specific issues raised in the petition, rather than the physical living arrangements of the parties.
If a husband and wife decide to file for divorce while living together, they can still pursue either contested or uncontested divorce proceedings, depending on whether they are able to reach an agreement on the terms of the divorce.
It is advisable for parties considering divorce to consult with a family law attorney to understand their legal rights, obligations, and options, regardless of their living situation.
What documents are required to file a divorce case in India?
Marriage Certificate: You must have a copy of your marriage certificate issued by the appropriate authority.
Address Proof: Provide any government issued proof of address like your Aadhaar Card, Passport or Driving License.
Proof of Identity: Submit proof of identity such as your Aadhaar Card, Passport or Voter ID Card.
Photographs: Carry passport size photographs of both spouses.
Proof of Residence: Provide proof of where you and your spouse live, such as utility bills or rental agreements.
Proof of Income: Submit income-related documents including pay slips, income tax returns or bank statements to establish your financial status.
Details of children. If you have children, provide their birth certificate and photo proof.
Note. The exact documents required may vary depending on the specific circumstances and jurisdiction. For accurate information it is necessary to consult a local attorney or consult the rules of the respective family court.
Note that divorce laws in India differ based on individual laws governing different religious communities. It is advisable to seek the advice of a qualified attorney specializing in family law to ensure that proper legal procedures are followed.