Yes, Indian law mandates that the spouses must have lived separately for at least one year before filing for a mutual consent divorce. This is a statutory condition under Section 13B(1) of the Hindu Marriage Act, 1955, and similar provisions in other personal laws like the Special Marriage Act, 1954.

The term "living separately" does not necessarily mean residing in different locations or houses. It refers to the mental and physical separation of the spouses, indicating that they are no longer living as husband and wife or performing marital duties. Even if the spouses share the same residence due to social or financial constraints, they must not share a conjugal relationship, which the court will assess based on facts and evidence.

This one-year separation period acts as a cooling-off time, giving the couple an opportunity to reconsider their decision, possibly reconcile, and avoid hasty dissolution of marriage. The law places significant emphasis on the institution of marriage and does not favor easy or impulsive divorce.

To file the petition, the couple must jointly declare that they have been living separately for at least a year and that all attempts at reconciliation have failed. The court may ask for evidence or affidavits confirming this separation, especially if either party contests it at a later stage. It’s important to understand that this period is non-negotiable. If the couple has not been separated for at least one year, the court will likely reject the petition as premature. However, once this requirement is met, the court proceeds to the first motion and later, the second motion after the cooling-off period.

In exceptional cases, courts have interpreted "separation" liberally—for example, in situations where the couple lives under the same roof but leads completely estranged lives. Each case is evaluated on its specific circumstances, and factual separation in terms of intention and conduct may suffice.