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venkat (business)     28 March 2013

Judicial separation

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.



Learning

 1 Replies

ADV S PATHAK (lawyer)     28 March 2013

 

[(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the 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 the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.


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