Malechildcustody

Judicial separation is a provision aimed at protecting the institution of marriage to save time to cool down passions and sit calmly and think whether reconciliation is possible or not during that period. If it is not possible, then either of them have the right to move the court for divorce after one year claiming there has been no cohabitation/reconciliation during the period of judicial separation.

Alimony and maintenance are one and same if you are not in a position to pay lumpsum court directs you to pay monthly maintenance, alimony is maintenance paid after any decree is granted by court under HMA while on the other hand the maintenance paid when proceedings are going on is called pendente lite maintenance or interim maintenance.

Dear Chandrasekhar Sir,

Thanks for your prompt reply.  Now more than two years have elapsed and due to nagging and oppressive attitude of dear wife, she has left no stone unturned to harass me more and more during all married life and after filing my divorce case, she resorted to all kinds of false charges against me and my family and my friends (like having illicit relationships with many women, trying to grab the property of her brother, beating, molesting, dowry demand etc. etc) and remained busy in harassing me and my family.  So, when the divorce case under Section 13 (i)(a)(i) on the grounds of mental cruelty and at the stage of cross examination of Witnessess from my side, is it advisable to be agree to Counsellor's advise to go for judicial separation instead of ongoing Divorce case.  The Counsellor has told dear wife in front of me that if she would not agree for divorce, her husband would not be able to get it. Is it so, even if the grounds are genunine and proved in the Court of Law?

Satya

If the allegations made by husband are proved and found to be genuine, he can get divorce the wife's acceptance is not required.  If you are not in a hurry to remarry you can go for judicial separation because if the court is indecisive about going up to divorce but feels safe to accept your claim of judicial separation, it will not hesitate to grand judicial separation because there is still scope for reconciliation in it.  As basically the Family courts are functioning with the object of bringing reconciliation rather than granting divorce, they may feel more comfortable accepting judicial separation than granting divorce.  But as you are aware during judicial separation the husband/wife cannot remarry. 

 

Judicial separation also help you from any residence orders issued by the DV court because one court cannot give contradictory orders to another court's decision.  Family court in its civil jurisdiction is more competent than the Trial courts trying the DV cases hence the order of Judicial separation shall prevail over the Residence orders given by the Trial courts in DV case.

Thanx a lot again for the quick reply, Chandrasekhar Sir.

The dear wife first threw out my old ageing parents and 9 months after that, due to her continuing abusive threats for asking me to scrape all ties with my parents and sisters, I also left the Government Accommodation alloted in my name alongwith my 6 years old son who had also been ill-treated by her cruel/tyrant behaviour.  Post my filing the divorce case in May 2010, she and her rich family used all tactics of money and pressure to harass me so that I bow down to their demands (being a govt. servant) for compromise and coming back to her. But with the passage of time, I became mentally strong and she and her family lost all credibility by loosing trust. Now, the marriage has broken down irretrievably and there is no scope for reconcilliation but I know that Family Court's motive is to press for the reunion even if there is much bitterness in the relationship between the husband-wife or families.

Now, instead of opting for judicial separation, if I opt for contesting the divorce case, can it go against me in the Family Court?  I have already submitted the recorded CD of her threats/abuses etc. to the Court. Dear wife had only filed maintenance under CrPC 125 in MM Court which has also been transferred to the Family Court and I dont think it bears any significance as she is already getting regular maintenance of Rs.6000 pm alongwith occupying the govt. accommodation alone since more than last two years for which HRA of around 7K+electricity bill of Rs.500 pm is also being deducted from my salary (total is about 13,500/- pm).  I also submitted an application for instructing her to vacate the govt. quarter in March 12 and I am ready to pay for alternate accommodation if she actually resides in that, but no reply to that application has been filed by her in the Court and in the meanwhile the case has been transferred to the Family Court.

I read that in a judgement of similar case, 'Wife cannot claim to live in a particular property, especially if the property does not belong to the Husband'.  So, can the Family Court (although its a remote possibility) give any verdict in my favour for vacation of Govt. quarter by her?

Thanks

Now, instead of opting for judicial separation, if I opt for contesting the divorce case, can it go against me in the Family Court? I have already submitted the recorded CD of her threats/abuses etc. to the Court. Cannot comment on that unless we see the entire petition. Court decides the case on merits. If you have strong evidences you may get favorable judgment. Why is it not an objection to government if nobody is staying in the quarter allotted to the employee? Govt. gives HRA and good accommodation to the employee with an intention that he stays in the quarter comfortably and the comfort of stay gives him motivation to perform better in his work. If somebody else stays in govt. quarter why it is not an objection to govt. as an employer?