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Living Separately - Definition - Law Dictionary Home Dictionary Definition living-separately

Definition :

Living separately, the expression 'living separately', connotes to our mind not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof by force of circumstances, and yet they may not be living as husband and wife. The parties may be living in different houses and yet they could live as husband and wife. What seems to be necessary is that they have no desire to perform marital obligations and with that mental attitude they have been living separately for a period of one year immediately preceding the presentation of the petition, Sureshta Devi v. Om Prakash, AIR 1992 SC 1904 (1907): (1991) 2 SCC 25. [Hindu Marriage Act, (25 of 1955), s. 13B]

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