I married in Sep 2010. If i want to look for legal seperation what do I do?. My spouse is not willing to divorce me. We live in different cities, we have a huge difference in understanding each other
Shobha (software) 20 January 2012
I married in Sep 2010. If i want to look for legal seperation what do I do?. My spouse is not willing to divorce me. We live in different cities, we have a huge difference in understanding each other
Shantanu Wavhal (Worker) 20 January 2012
apply u/s 10, HMA for judicial separation.
1[(1) 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 grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) 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 statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
COMMENTS
Where the wife deprived her company for two and a half years and for this there was no fault on the part of husband it was held that it indicated the disruption of marriage and it would be ridiculous to allow marriage to survive.- Ratneshwar Misra v.Prem lata Devi1987 (1) HLR 255.
Petty domestic quarrels, cause being the presence of mother in law in the family, cannot be treated as mental cruelty.-Yashoda Dai.v.K.B.Kalavkar AIR1992 Kar 368.
In spite of the fact that both the husband and wife are living under the same roof, there may be a case of desertion when there is positive evidence exhibiting neglect, indifference or overt acts of estrangement on the part of one.-T.k. Chatterjee v.Kamala Chatterjee AIR1989 Cal. 74.
Dear Shobha,
Just mail me the entire details about ur date of marriage, place of marriage, budget of marriage, reason/ root cause for taking seperation, reason/ root cause that y ur hubby is not ready/ agree for divorce.
hence, feel free to share and discuss the entire matter, surely i will help u in ur above captioned matter.
Manoj Kumar,
Advocate,
Delhi.
Ph: 09310443650
advocates.agra@gmail.com
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