TRIAL SEPERATION
Querist :
Anonymous
(Querist) 13 May 2010
This query is : Resolved
We got married in the year 1994.In the year 2003 i caught my wife cheated on me.We have lived away from each other for a period of 4 years. (2003 to 2006) and our daughter has been in custody of my wife.I forgot the past and invited my wife to my dad's house to stay together with our daughter. Thereafter we are living under one roof for the benefit of our daughter but there is note even a verbal communication from my wife with me for a period of 4 years (2007 to 2010) and no relationship whatsoever between us and our daughter living in isolation even after living with us together in the said period.My wife lives in the bedroom. My dad expired leaving a will and nomination form in my name but the society has still not transferred the flat in my name.Now my wife wants to go abroad and told me that she will move first to Dubai for a job at her Uncle's company along with her daughter.I have asked for a trial seperation and she has agreed.I need urgent assistance and guidance as to what I have to do.I am at the moment jobless and financially not sound.Please help.
I have got married under the christian marriage act in the church and both my wife and me are christians.Thank you
Sachin Bhatia
(Expert) 13 May 2010
THE DIVORCE ACT,1869
SECTION 10A DIVORCE BY MUTUAL CONSENT
"10A. Dissolution of marriage by mutual consent.‐(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living
separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub‐section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.".
