What is period for filling for judicial separation under hindu marriage act
anuradha
(Querist) 14 November 2013
This query is : Resolved
respected sir,
my client has married in june 2013 but her wife treating him with very suspecious attitude and before marriage she had a boyfriend now after marriage also use to meet with her ex boyfriend and my client had photograph with the him as a evidence and her behaviour in family is very rude and not sustainable as she always gives fear of making flase police complaint
now my client wants divorce from her and i the divorce is not possible as per time limit specified in the act but can i go for judicial separation as their is no time limit specified in the sec 10 of hindu marriage act please guide about when to fill the petition for judicial separation
ABDUL RAZIQUE
(Expert) 14 November 2013
Dear Author,
In Hindu Marriage Act Sec 10 (c) describe as follows:
(c) has, for a period of not less than one year immediately preceding the presentation of the petition,
but in sec 10 (f)has, after the solemnization of the marriage, had sexual intercourse with any person other than his or her spouse.
describe no limit of time so on the ground of your fact you can file Judicial separation suit before Ld court.
Devajyoti Barman
(Expert) 14 November 2013
It has continuing cause of action and no time limit is there.
Rajendra K Goyal
(Expert) 15 November 2013
Agree with the experts, nothing more to add.
