Query on judicial separation

Dear Ld. Lawyers,

I have some queries on Judicial Separation.

 

1. Under what circumstances Judicial separation is filed?

If the aggrieve spouse does not want divorce, but want judicial separation, it will be filed.  If decree is passed, then the aggrieved partner has no matrimonial obligations towards his/her partner, but is not entitled to remarry as the marriage subsists.

 

2. What are the procedures and the duration taken for granting the same?

Just like divorcde case.

 

3. What if wife or husband does not agree for Judicial separation?

Then it will be contested.  The grounds for divorce and judicial separation are same.

 

4. What are the advantages & disadvantages of Judicial Separation?

after judicial separation, the marriage subsists, the law of inheritance applies but marital obligations except which are granted by the court ( maintenance, residential rights etc.) need not to be discharged against the opposite spouse.  In other words, physical relationship and verbal communication can be avoided. 

 

5. Will the judicial separation help divorce later on?

Yes. One year after passing of the judicial separation decree, one of the spouses can file for divorce decree on the ground that cohabitation has not been made during that one year period.

 

Would be grateful if Ld. lawyers clarify the above queries.

 

Thanks

nandha