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Hi me and my husband married one year ago, I filed 498a, he is staying at his sister’s house. He put divorce petition.I filed rcr petition.If I am seperated for 1 year am I seperated?I didn’t get my marriage certificate also
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Answer ( 1 )
What is the status of your RCR? Has it concluded?
If you both are living separately irrespective of the fact that there is a divorce case pending or an RCR pending by either parties, technically the time wherein you both are not living together will be considered as separation. However to prove desertion as a ground for divorce, your husband will have to prove that you deserted willfully and he wanted to live with you and the desertion must be for a continuous period of two years. Even if you are not having a marriage certificate that doesnt mean that your marriage is invalid. the only requirement under Hindu law is to prove that the marriage was performed according to the rites and customs.