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A.Ghosh (NA)     15 March 2013

Can judicial separation be converted into divorce petition?

Can a Judicial Separation application filed by husband on 7/8 may 2012
be converted into Divorce petition?
Husband is not staying with wife since April 2012.
Wife filed 498A on 5th may 2012 and after 10 days has filed 164 in the
court saying her husband was physically molesting her child.
This fact was not known to the husband when he filed Separation
petition so can separation petition be amended into divorce petition?




 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 March 2013

a legal separation is different from a divorce. If you are legally separated, you cannot marry anyone else until the legal separation is converted to a divorce, and then you must wait six months after this is done. Also, if you are legally separated and you reconcile with your spouse, you can dismiss the legal separation and thus restore the marriage. In contrast, if you divorce, you will have to remarry your spouse. Also, in some circumstances, one spouse may be eligible for continuing health coverage from the other spouse's employer, even after a legal separation is granted. The same is not true with a divorce.

1 Like

stanley (Freedom)     15 March 2013

Agree with the above 

Msk-need -nuetral- laws (self)     15 March 2013

Yes, I think after certain period, not sure whther that is one year or two year.

Manish Udar (www.Mehnat.IN)     15 March 2013

You may apply for divorce in this case.



withdraw JS and file for fresh divorce petition. you cannot convert JS petition into divorce petition.

Msk-need -nuetral- laws (self)     15 March 2013

The PS pettition under section 10 can be converted ( not amended) to divorce pettition with resaonable plead to satisfaction of court. Refer the judgement detailed, with difference and acceptability of such conversion. No need to withdraw JS if you have reasonable pleading ground.


Subash M R (Advocate)     15 March 2013

If cohabitation is not resumed for a period of one year or more after a decree for judicial separation,parties may obtain divorce.


A.Ghosh (NA)     18 March 2013

Thank You Very Much Sir.

A.Ghosh (NA)     18 March 2013

Thanks a lot to all of you for your valuable suggestions. 

Advocate Ram Prasad (Chief Lawyer)     07 April 2017

yeah correct sir Thanks.-------------Adv Ram Prasad +91-91777-22930

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