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Judicial separation

(Querist) 28 October 2011 This query is : Resolved 
If I can not get a degree of judicial Separation
and 2 years are completed of separation between me and my wife
then i case a file of divorce on desertion
R.Ramachandran (Expert) 28 October 2011
If both of you (husband and wife) are separated due to order of judicial separation, where does the question of any 'sertion' comes?
R.Ramachandran (Expert) 28 October 2011
I recall the above reply.
Shonee Kapoor (Expert) 28 October 2011
You would have to withdraw JS case and file for divorce on grounds of desertion.


Shonee Kapoor
Advocate M.Bhadra (Expert) 28 October 2011
Desertion is one of the ground for Judicial Separation sec.10 of the Hindu Marriage Act as set out in sec.13(1) of the said act,but it is for the time being.But if you want to divorce it must be present throughout the statutory period of two years.
Raj Kumar Makkad (Expert) 28 October 2011
I do agree with Bhadra.
prabhakar singh (Expert) 29 October 2011
If you have filled proceedings for judicial separation wherein no decree has been passed
so far,you should convert the petition for a
decree of divorce to be made under section 13
(1)(ib)of HMA.
Arun Kumar Bhagat (Expert) 30 October 2011
I agree with experts.
R.K Nanda (Expert) 17 October 2013
nothing to add more.

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