Divorce

As per the Hindu Marriage Act, 1955, you can file for divorce even if your wife is currently living in your home. There is no legal requirement for physical separation before initiating divorce proceedings. If you wish to file for divorce:

You can file a contested divorce petition under Section 13 citing valid grounds like cruelty, desertion, mental disorder, etc.

Alternatively, if both parties agree, you can jointly file for mutual consent divorce under Section 13B, even while staying under the same roof, provided you’ve been living separately in intent (not necessarily in place) for at least one year.

File the petition before the Family Court having jurisdiction over your residence.

You can continue to stay in the same house during proceedings, but if conflict arises, you may also seek court-directed arrangements or interim relief for peaceful cohabitation until the divorce is finalized.

You can file contested divorce petition