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raman (private)     08 August 2012

Judicial separation

How difficult it is to get judicial separation if facing DV. When should that be filed. Before or after first appearance in DV.

What are its pros and cons? I mean judicial separation.



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 1 Replies

Human (MRA)     08 August 2012

Why are you wanting Judicial Separation?

You can File for Judicial Separation only if:

 

1[(i) has, after the solemnisation of the marriage, had voluntary s*xual intercourse with any person other than his or her spouse; or]

 

1[(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]

 

1[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

 

(ii) has ceased to be a Hindu by conversion to another religion; or

 

2[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

 

(iv) has 3[***] been suffering from a virulent and incurable form of leprosy; or

 

(v) has 3[***] been suffering from venereal disease in a communicable form; or

 

(vi) has renounced the world by entering any religious order; or

 

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; 4[***]

 

[(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—

 

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 7[one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

 

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 7[one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]


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And if you have any of the above then why dont you file for Divorce?


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