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SSP (XYZ)     16 March 2016

What is judicial separation

Hi Respected Sir's,

I Applied for Divorce on the ground of Cruelty and Desertion in Andhra Pradesh.

Brief Facts in my case are, my wife harassing me and my family members by filing two separate false criminal cases (IPC-306 & IPC 498A),  and staying away for morethan 6 years.

After the trail in my Divorce case in sessions court, Judge has dismissed my Divorce petition and Granted Judicial Separation. Judge Said in the judjment that cruelty not proven since IPC 306 and IPC 498A are still in trail stage, so decession cannot take at this stage.

Questions:

1. What is Judicial separation

2. Now IPC 306 has been disposed and we are acquitted, IPC 498A is still under trail. So can i go for appeal for seeking divorce? (or) do i have to wait till IPC498A dispose??

3. Can i apply appeal in the same session court? or do i have to appeal in High court of Andhra Pradesh?

4. I got judicial separation on the grounds of desertion and now we acquitted from IPC 306..Are these grounds are enough to get divorce?

Thanks

SSP

 

 

 

 

 



Learning

 3 Replies

saravanan s (legal advisor)     16 March 2016

Judicial separation is for a year during the time which you don't need to cohabit.by the end of a year if you both still don't cohabit you will be given divorce.you can go for a appeal

SSP (XYZ)     16 March 2016

Originally posted by : saravanan s
Judicial separation is for a year during the time which you don't need to cohabit.by the end of a year if you both still don't cohabit you will be given divorce.you can go for a appeal

Hi Thaks sarvanan sir,

Since i got Acquitted from criminal cases filed by my wife is there any chance that can i get divorce now? or do i have to wait one year?

If we are not cohabit after one year, will i get eligibility for getting divorce?

Do i have to appeal in the same session court? or High court?

If in the same session court do i have to go again all the trail procedure?

 

Thanks

SSP

SSP (XYZ)     17 March 2016

Dear Experts,

Can anyone throw some suggestions on my above post..

Thanks

SSP

 


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