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Sunil (director)     03 February 2013

Is separation and legal separation different?

Hello,

I got married in June 2012 and my wife left for her father's house in October 2012, based on her whims and moody ways. Despite regular phone calls and emails, she hasnt come back. Also, she has been issuing threatenings to use the law against me. I am now scared of my security and of my widowed mother, of whom I am the only son and support.  Please help me by answering the following questions:

1) We are already physically separated since Oct 2012, but is legal separation any different? 

2) Can I file for legal separation so soon, on grounds of fear of my own security? What if I file for legal separation and she contests it? What if legal separation is not granted by the judge? What options do I have?

3) Can I refuse permission to my wife if she wants to come back, because I am scared about my security? I am willing to arrange alternative accommodation for her or bear its cost. Can police or courts force me to keep her with me? I am traumatised.

4) How soon am I entitled to file for divorce on grounds of incompatibility and mental cruelty.

Appreciate all help.

Thanks,

Sunil



Learning

 3 Replies

Arun Shankar (Director)     04 February 2013

Just search the internet; there is plenty help available.

Do browse through: https://www.498a.org/ ; https://498a.co.in/

siranjeet (JE)     04 February 2013

separation is simply living apart from each other which is different from desertion where one has withdrawn from society of other without sufficient reason

where as legal or judicial separation is decree awarded by court on the basis grounds of divorce in subsection 1 for husband and subsection 2 of 13 HMA for wife after filing petition by aggrieved person u/s 10 of HMA

grounds for men are adultry , cruelty,desertion by wife or wife suffering from mental disorder, pschyopathic disorder, leprosy,VD or changed her religion

Shantanu Wavhal (Worker)     04 February 2013

it both agree, go for MCD


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