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while case is going on.

(Querist) 21 August 2010 This query is : Resolved 
1) while case is going on & the audience sitting inside the court & if the advocate thinks to bring anybody how is sitting in the audience wants to bring to the witness box than advcoate should file a petition or not ? In any case whether civil or criminal. Also as per which section or case laws related to the topic.

2) Difference between judicial separation & divorce because i have come to know that if the court passes the decree for judicial separation then the remarriage is not possible in the whole life time of both husband & wife.Also i have heard that they can't have intercourse also if they meet in once a year & if they wish to have. As per which section or case laws it says that they can't remarry again. & intercourse is not allowed.

Thanks In Advance.

GOD BLESS U ALL.
c n vittal rao (Expert) 26 August 2010
1. by leave of court advocate can ask any person to appear before the court wether theyare present in the court or not .Usually the list of witnesses are to be provided in advance.
2.Judicial seperation is a temporary arrangement prior to obtaining decree of divorce it is in the nature of a cooling of period so that emotions are calmed.If the couple during judicial separation wish to come together there is no bar at all in fact that is the reason for which judicial separation is ordered.AS to sexual relations during this period if it happens (say wife gets pregnant by her spouse) then courts may decline to give divorce degree on the principle "you cant approbate and reprobate"Trust you are clear in your mind now


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