Legal seperation /divorce

Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.

Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce.

Dear Gautam Sir,

Thank you for your Valuable and kind Information sir,

Kindly Clarify my Point no. 1,2 & 5 sir,

Many Thanks,

Best Regards,

Shankar.

A petition for judicial separation u/s 10 of HMA can be filed. 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 the grounds, thereof, as grounds on which a petition for divorce might have been presented.

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.

Now to your questions:

1. What is the Procedure for Legal seperation: 

explained above;

2. What are the documents/evidence need for legal seperation

All those documents which you intend to file it with the divorce petition

3. Is Legal seperation differs from divorce.

Yes, it is different from divorce.  After separation for a certain period, both may rejoin due to reconciliation efforts, but in divorce, there are no chances.

4. is there any format available for legal seperation

The same format used for divorce petition.

5. After legal seperation how much time taken to divorce

has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party;

Dear Shri. Kalaiselvan Sir,

Thank you for your Valuable information & Precious time.

Due to your kind advice in so many topics reg. divorce sections , now i am fully confident and having so many positive options in hand to solve/handle the situation which ,may come in my life

Many Thanks,.

Best Regards,

Shankar.