SSP (XYZ) 14 April 2019

Judicial separation and divorce

Dear Sir's, Please advise me for the following.

I have applied HMOP for seeking Divorce on 2013. But the sessions court dismissed my petition and Granted Judicial Separation instead of Divorce on 2015. Its almost 3 years passed now after judicial separation and there is no resumption of cohabitation between us. As i know after 1 year of judicial separation itself ground for divorce, seniors please advise me shortest way for getting divorce and which court to approach. session (or) high court.

1. Do i have to apply fresh HMOP in session court and do i have to go through all chief and cross procedure ?

2. Can i apply revision divorce petition in the same session court? If yes which format i have to go through?

3. Can i apply for divorce directly in the high court based on my judicial separation decree?

Please advise..

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2 Replies

Vijay Raj Mahajan (Advocate) 14 April 2019

For divorce petition the first trial court is the district Family Court, High Court is first appellant court, you never go to High Court for divorce proceedings. Secondly you have valid ground for divorce, namely, of non consummation of conjugal relationship for more than 1 year after passing of decree of Judicial Separation, but the complete case proceedings for divorce including pleadings of both parties, evidence of both parties and arguments, after that court will decide your divorce petition, not straight away you get decree of divorce as you are resuming.

SSP (XYZ) 16 April 2019

Dear Sir,

Thanks fo ryour reply.

Here my question is do i have to file fresh HMOP in the family court explaining all the facts from the beginning along with my judicial separation judgment ?

(0r) can i file any interim/ Revision for the previously given judicial separation judgement ?