Judicial separation
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
Dear Experts,
Iam married 22 years. No DV filed by wife so far even though minor skirmishes took place like in any family. I want to file Judicial Separation case under Section 10 of HMA because of her many wrong doings and mental cruelty. After I file the case and notice is sent to her, what significance will a domestic violence complaint by her have on me. Please let me know all aspects as this possibility exists.She is earning very well and I have the proof.
With high regards to all experts.
ajay sethi
(Expert) 28 September 2011
1)you have been married for 22 years . quite a long time .
2) if you file judicial separation case your wife can file domestic violence against you for your alleged acts of cruelty and demand right of residence , maintenance , child custody .
3)she can obtain protection order restraining you from indulging in anya cts of domestic violence
4)lUnder Section 22, in addition to other reliefs as may be granted under the Act, the Magistrate
may on an application being made by the woman, pass an order directing the respondent to
pay compensation and damages for the injuries, including mental torture and emotional
distress, caused by the acts of domestic violence committed by that respondent
5) she can file complaint on grounds of verbal , emotional , physical , sexual , econmic abuse
AugustPunitha
(Expert) 29 September 2011
Even if you file judicial separation she can file and get compensation under DV if she proves domestic violence against you.
she can file divorce petition against you and can claim permanent alimony from you
prabhakar singh
(Expert) 29 September 2011
All said all good but i am anxious to know why you want a 22 year long marriage to terminate in such a way more specially when you state "even though minor skirmishes took place like in any family. "????
Its' a great question before you in your words before you expect any answer from us.
Guest
(Expert) 30 September 2011
I agree with experts.
