Seperation
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
hi experts,
if husband & wife are not staying together for 1 year will it be considered as legal seperation ?? also if even if they are not staying together & meeting outside & talking on phone or through mails then what will be the case. please advice.
thanks
M.Sheik Mohammed Ali
(Expert) 22 December 2011
its is not a legal separation either of them deserted, the law not like to separate any one of the husband and wife.
R.Ramachandran
(Expert) 22 December 2011
Dear Ms. Nimita Singh,
If husband and wife are not staying together, that does not mean that it is legal separation. Their meeting outside, talking over phone or through mails will also have no significance. Such communication neither proves that there is any legal separation between them or the contrary.
Judicial separation is one where the court will grant permission to the husband and wife to live separately. Once such a judicial separation takes place, they can live separately, even in the same house. In judicial separation, the relationship between the parties as husband and wife will not come to an end. Rather it will be under suspended animation. They will continue to be husband and wife though living separately.
However, in the case of divorce, the husband and wife relation will come to an end.
Querist :
Anonymous
(Querist) 22 December 2011
it is not considered as legal seperation bt can husband file for a legal seperation, on what basis can legal seperation filed ???
Deepak Nair
(Expert) 22 December 2011
Your wife can prove that you have been meeting outside and exchanging calls and mesages.
For divorce, you have to prove that you were lilviing seperately in all sense.
But if your wife is willing to give consent, then there shall not be any problem, as you have competed one year seperation as a legal formality.
Advocate M.Bhadra
(Expert) 22 December 2011
You can file Judicial Separation for the time being,you can file Divorce Suit on mutual consent or you can file a Divorce Suit by your side on contest but presentation of suit must be after one year from the date of separation.
adv. rajeev ( rajoo )
(Expert) 22 December 2011
It is not a legal seperation. If both are not living together for 2 years then it amounts to desertion.
Devajyoti Barman
(Expert) 22 December 2011
First you clarify what do you mean to say about 'legal separation'?
There is nothing like legal or illegal separation in the eye of law.
Querist :
Anonymous
(Querist) 22 December 2011
i want to ask the experts that under the above circumstances i.e. meeting outside, messaging,talking etc. can anyone husband or wife go for judicial sepration,in case if anyone file for judicial sepration will it be invalid if proved that they are still in contact ? also if in this situation can divorce be filed what if other person is not readt for divorce on mutual consent ?
Raj Kumar Makkad
(Expert) 23 December 2011
Even during judicial separation, the husband and wife may remain in close contact with each other as you mentioned. Judicial separation order is required to be passed by family court as per procedure.
Deepak Nair
(Expert) 23 December 2011
I too endorse the views of Mr. Rajkumar
prabhakar singh
(Expert) 23 December 2011
Any of the party to marriage can seek "judicial separation"by filing a petition in Family court on any of the grounds specified in section 13(1)HMA,the wife has some additional grounds laid in 13(2)HMA(Hindu Marriage Act)
Shonee Kapoor
(Expert) 24 December 2011
No amount of seperation w/o court order would be Judicial/ Legal seperation.
Hence, its imperative that a case is moved in court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
