Judicial separation
venkat
(Querist) 28 March 2013
This query is : Resolved
Dear Members,
What is Judicial separation. Instead of divorce, shall i ask for Judicial separation. is it requires both parties consent. Please enlighten in this matter.
Advocate M.Bhadra
(Expert) 28 March 2013
Judicial separation under Hindu Marriage Act
Sec.10. Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
Judicial Separation Under Special Marriage Act;----
Sec. 23. Judicial separation.-(1) A Petition for judicial separation may be presented to the District Court either by the husband or the wife.
(a) on any of the grounds specified in sub-section (1) and sub-section (1-A) of Sec. 27 on which a petition for divorce might have been presented; or
(b) on the grounds of failure to comply with a decree for restitution of conjugal rights and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.
(2) Where the Court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the Court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition rescind the decree if it considers it just and reasonable to do so.
venkat
(Querist) 28 March 2013
Dear sir, Thank U for the reply. Is it help me in any way.. means.. is it protect me from 498a, Dv cases in future.
venkat
(Querist) 28 March 2013
Forgetten to inform.. I already filed divorce petition..she files 125.
adv. rajeev ( rajoo )
(Expert) 29 March 2013
inspite of it you can come for the compromise by referring both the cases to the mediation centre.
prabhakar singh
(Expert) 29 March 2013
For that you should try M.C.D but you can not stop them filing 498a, Dv cases in future against you.
V R SHROFF
(Expert) 29 March 2013
You had already filed Petition for Divorce.
[u were living separate for abt 2 years.
If both parties agree, go for MCD, and it will be al;lows within a week.
Raj Kumar Makkad
(Expert) 31 March 2013
Judicial separation requires consent of both parties and in the light of serious litigation between you both, it seems difficult to have such consent and if you both arrive at consent then the scope of 498A etc. can also be discussed.
venkat
(Querist) 01 April 2013
Thank U sir's.
