Need suggestion to take a valid decision
ganeshan madhavi
(Querist) 22 July 2014
This query is : Resolved
Dear Sirs,
I need to know the difference between Judicial Separation and Divorce, process for the same.
Custody of the kids for above two cases.
Kindly suggest at the earliest.
Regards,
Ganeshan Madhavi
ajay sethi
(Expert) 22 July 2014
state facts of your case .
V R SHROFF
(Expert) 22 July 2014
Go thru Hindu Law book
Anirudh
(Expert) 23 July 2014
In a judicial separation, the parties still remain legally a husband and wife, though living separately.
In the case of divorce, the legal relationship of husband and wife gets terminated. They are separate individuals having no relationship whatsoever with the other.
In both the cases, normally the custody of the child (and especially the girl child) will be given to the mother, unless the court comes to the view (ofcourse on the basis of any material that may be produced before it obviously by the husband side) that the mother is not capable of looking after the welfare of the child for whatsoever reason.
ganeshan madhavi
(Querist) 23 July 2014
Thanks Anirudhji for your valuable inputs, if the mother is an employee(Private) and the both male babies are with the age of 3yrs and 1yr respectively.Then what will happen in that case(custody).Also suggest for divorce and judicial separation procedure.
Expecting your speedy response as soon as you look into this message.
Thanks once again.
Raj Kumar Makkad
(Expert) 23 July 2014
Petition under section 10 of HMA is required for he judicial separation and children can mutually be left with their mother and their father may continue to pay maintenance amount to all three and divorce petition is liable to be filed before the FC in the same way but sections depend upon the grounds of the petition.
