In general, a one-year separation is mandatory to file for mutual divorce. However, in exceptional cases with significant marital issues, you can file a mutual divorce case along with an application seeking court approval for divorce before completing one year. If the court accepts your application, the mutual divorce case can be filed sooner.

It’s crucial to understand that ‘living separately’ means not acting as husband and wife. The physical location isn’t decisive; they may reside together due to circumstances but not fulfill marital duties. The key requirement is a lack of desire to perform marital duties and a one-year separation before filing the petition.

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