Divorce
lancy
(Querist) 17 April 2012
This query is : Resolved
sir i have got mail from experts saying seperation is not civorce and its permission to stay seperate through judiciary,but again when i asked my advocate he is saying as in catholic christians judgement cant be given as divorce so they given seperation,but i have no problem to remary he told.but i doubt is what if they dont appeal until one year for my seperation order and how i go ahead with this order to get mary again and>i have reciedved order thru senior sessions court,and where they can apply against this order in high court or same court?even after i got this order and before one week she has filed false dowry harrasment case against me and she doesnt know my seperation order yet,so how i proceed as i am in abroad and what step i have to taken as i still not appeared in police enquiry as i am in abroad.plz advice
Devajyoti Barman
(Expert) 17 April 2012
You are misled.
Separation is not divorce. You may have obtained order for judicial separation which however does not permit you to remarry.
File a suit for divorce.
Check what sort of case is filed.
If it is 498A and other related charges then apply for anticipatory bail and then face te trial.
Shonee Kapoor
(Expert) 17 April 2012
You can not get married with Judicial Seperation Decree. You would have to wait till the court grants you divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 17 April 2012
No that's not the case. judicial seperation is only temporary suspension of obligations related to marriage. You can't marry. The Judeo-Christian custom of not allowing divorce does not exist anymore as per Indian Christian Law - earlier there was divorce only on adultery - and judicial seperation et mensa et thoro on other grounds - now the law is at par with other laws and divorce obtainable.
Deepak Nair
(Expert) 17 April 2012
You are not entitled to remarry during Judicial Seperation. You are required to obtain a decree of divorce for marrying again.
ajay sethi
(Expert) 17 April 2012
contact another lawyer . show him the copy of order of judicial separation passed by court . wait for some time . then file for divorce . as far as 498A case is concerned you have to defend the case . you have to prove allegations made are false .
Shonee Kapoor
(Expert) 17 April 2012
Not wait for some time. wait for one year before you file for divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
lancy
(Querist) 18 April 2012
After 1year of seperation order i can apply for divorce,but if she not appear or refuse to divorce then hw long it may take?
Santosh Goswami,Advocate
(Expert) 18 April 2012
Dear lancy
See, you have got the judicial separation. ok. Now, if during this one year both of you have not cohabitated,you can apply for divorce only by stating that co habitation b/w you and him has not taken place. You need not to press for any other ground. You will automatically get the divorce decree. for more
919555462995
Shonee Kapoor
(Expert) 18 April 2012
After One year of JS, it is an independent ground for divorce.
She would anyways contest the divorce.
It is a fallacy to assume that if other party doesnot agree for divorce, divorce doesnot happen.
Cases are decided on their merits and not on the whims and fancies of the parties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
