Judicial separation

Guest (Querist) 10 March 2012 This query is : Resolved
Whether judicial separation can be granted when cruelty and desertion on the part of wife is not proved?
Please give caselaw !

Follow Query

Report Abuse

Adv.R.P.Chugh (Expert) 10 March 2012
13A. [Alternate relief in divorce proceedings] Hindu Marriage Act, 1955.

In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub- section
(1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

Though this provision on the first blush allows - I would still wait for seniors to enlighten us on this

Raj Kumar Makkad (Expert) 10 March 2012
A separate petition is required to be filed for this purpose as family court is not bound to provide judicial separation is a petition seeking partition.

Nadeem Qureshi (Expert) 11 March 2012
I agree with experts

Shonee Kapoor (Expert) 11 March 2012
If the same is not proved why would the decree of JS be granted???

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries