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vasanti (Teacher)     05 June 2013

Regarding judicial seperation

Hi,

This is vasanti, I got married in nov-2010 and seperated in feb-2011. Till date i am staying with my parents. Its almost more than 2 years. Now i want a legal proof that i am not leaving with my husband. I haven't contacted my inlaws in this period personally and vice versa.

Its very important for me to have a note or legal document that i am sepearted from him more than 2 years.

Please please help.........................

Regards,

Vasanti



Learning

 7 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     05 June 2013

First of all, why did you leave the company of your husband and started residing with your parents.

Secondly, what is the purpose behind having a "legal proof" of your separation with your husband? If you want that proof so that you can file a divorce petition, the it isn't required. Besides there isn't any way to "proove" that you had absolutely no contact with your inlaws, this fact is just a matter of averment in the divorce petition.

 

www.advocateprashantghai.com

stanley (Freedom)     05 June 2013

@ Author 

what exactly do you seek ?? Re-marriage or  are you into an affair .

1. if you dont want to stay with him than file for Divorce but go thorugh the grounds of Divorce first . 

2. If you wish to seek Judical seperation than file for it but the grounds are the same as Divorce . 

3. In judical seperation the liabities can be segretted and seperated . 

4. Ultimately once you are judically seprated after a period of year or two your husband can seek Divorce . 

What exactly is the purpose and goal for asking for it should be conveyed 

Gaurav (consultant)     05 June 2013

@vasanti Why did you get married at first place?

vasanti (Teacher)     09 June 2013

Why all human beings get married??

vasanti (Teacher)     09 June 2013

Dear Prashant,

I got married in Nov-2010. it is an arrange marriage. Within 10-15 days i got to know that my husband is alchoholic and addicted to gutkha as well. I informed the same to my in-laws but they said that becasue of me he is doing so. I failed to understand that within 10-15 days how can a husband gets addicted to alchohol because of his wife. I didn't tell this to my parents as they were already facing a problem for one of my sister.

As the days passed, he started beating me, using abusing language for me and my parents.  One day he himself told me about his affair and said that i am nowhere matching with that girl.

Then I told all this to my brother.  We all family members had a discussion and my in-laws said that as their son was intoxicated he beated me and told about the affair which does not exist and promised that it won't happen again.

But later on all his habits increased badly and in the month of feb-2011 i came back to my parents house. Till date i am leaving here.  None of them called me or messaged me.  It was a great shock for me that my marriage is going to dissolve...................

I thought upon this again and again.... due to emntal stress i left my job even.  My in-laws are very powerful financially and politically as well. Hence i didn't file  a case. I don't wanted to make an harrassment of my family.  I tried my best to patch up as i don't want to go for second marriage.

Now we are trying to get it done by mutual understanding.

The purpose behild the proof of seperation is that i want to apply for the post of RBI-assistant which includes age relaxation for the woman judicially seperated.  To get the benefit of this clause i want that proof. Nothing else........

Please suggest.................

vasanti (Teacher)     09 June 2013

Hi,

Thank you for your reply.

Please go through once u get the enough time..............

I got married in Nov-2010. it is an arrange marriage. Within 10-15 days i got to know that my husband is alchoholic and addicted to gutkha as well. I informed the same to my in-laws but they said that becasue of me he is doing so. I failed to understand that within 10-15 days how can a husband gets addicted to alchohol because of his wife. I didn't tell this to my parents as they were already facing a problem for one of my sister.

As the days passed, he started beating me, using abusing language for me and my parents.  One day he himself told me about his affair and said that i am nowhere matching with that girl.

Then I told all this to my brother.  We all family members had a discussion and my in-laws said that as their son was intoxicated he beated me and told about the affair which does not exist and promised that it won't happen again.

But later on all his habits increased badly and in the month of feb-2011 i came back to my parents house. Till date i am leaving here.  None of them called me or messaged me.  It was a great shock for me that my marriage is going to dissolve...................

I thought upon this again and again.... due to emntal stress i left my job even.  My in-laws are very powerful financially and politically as well. Hence i didn't file  a case. I don't wanted to make an harrassment of my family.  I tried my best to patch up as i don't want to go for second marriage.

Now we are trying to get it done by mutual understanding.

The purpose behild the proof of seperation is that i want to apply for the post of RBI-assistant which includes age relaxation for the woman judicially seperated.  To get the benefit of this clause i want that proof. Nothing else........

Please suggest.................

Prashant Ghai (Advocate) (PrashantGhai.com)     09 June 2013

I believe the position in RBI for which you have applied for requires you to submit a copy of the Decree of Judicial Separation obtained under Section 10 of the Hindu Marriage Act.

Since you have already mentioned that you came back to your parental house and did not initiate any legal proceeding against you husband/inlaws, I don't think any other kind of "proof" regarding your separation from your husband would come under the category of "judicial separation" which can only be obtained under Section 10 of the Hindu Marriage Act from a competent court.

 

www.advocateprashantghai.com


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