Satyameva Jayate (def) 07 June 2016

Judicial separation between husband and wife

Respected Sir/Madam,

I (husband) want to know whether I can file Judicial Separation with my wife in below situation.

1. I had filed for Divorce on cruelty around 4 years back and it is still going on.

2. Wife filled 498A.

3. I had filed for child custody, kid is with in-laws custody in India.

4. Living separately from past 5 years and wife is working in USA from past 4 years.

5. No maintenance case filed.

FIL is attending all hearings on behalf of my wife and also filed 498A behalf of my wife.

What is the purpose of Judicial separation in my situation?

Thanks

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7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 07 June 2016

Sir,

If you want to leave your wife permanently then there is no use of filing judicail sepration. But yes you can file it saying that within 4 years of pending divorce proceedings I have decided not to divorce my wife becasue that would have affect the life of children as well, therefore I want to continue this marriage and is willing to take the judicial sepration.

Warm Regards

Kapil Chandna Advocate

9899011450

Dana Kayoni (Expert Humanitarian and Lawyer) 07 June 2016

Filing for judicial separation is of no use in your case, all cases will continue, you might even go to jail if it is proved that you took dowry. You need to take divorce. Either file MCD, go for settlement and get rid of wife, or go for contested divorce, fight and take it. Judicial seperation is not divorce, your headaches will continue to be with you even if you get seperated judicially.

1 Like

prabhakar advocate (advocate) 07 June 2016

Don't go to judicial separation as the grounds for divorce and judicial separation are same. Pursue divorce case meticulously and if she does not appear, get it concluded by tendering your evidence and get divorce decree. As she is living for the last 4 years away from you in US, in addition to cruelty, you have one more ground of desertion for seeking divorce. Other cases she filed against you, you have to contest them on merits.

Satyameva Jayate (def) 08 June 2016

Thank you very much Kapil ,Prabhakar & Danya.

ANAMIKA VICHARE (LAWYER) 09 June 2016

YOur divorce petition is already pending, how can you change your stand now, you won't be successful, you hv to finish divorce proceedings only.. meantime you can get access of the children, press for custody after getting access regularly, enhance the access time

Judicial separation as otherwise has no use, but if you chanfge stand you won't get either of the decree i.e. divorce or Judicial separation