Separation agreement u/s 10 of hma

Section 10 provides for judicial seperation from the court. It works in a situation when the parties hate living together as much as they divorce. It is of little significance practically. It just suspends each other's duty towards each other. If parties remain seperate for one year it becomes a ground for divorce. There is no agreement as such. A decree of Judicial Seperation is granted by the Court. If you want a settlement out of court - you can get into an MoU. 

Bharat Chugh

Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Dear Bharat,

Please tell me more about the MOU and its procedure and other details about it. Secondly, could you please give more details about registration of judicial separation agreement u/s 10 of HMA.

Regards,

Vijay 

Even MoU is of little significance as the same should continue till One Year of Seperation first, and then till Second motion.

However, the MoU can be significant to ward off any maintenance claims in future. 

Any lawyer worth his salt can draft it as per the needs of the parties.

Regards,

Shonee Kapoor

Dear Mr. Kapoor,

Thank you very much for your response. How a MoU is different from separation agreement ? Secondly, does MoU need to be registered? 

Regards,

Vijay

It can be MoU cum Seperation agreement.

However, it is to safeguard the interests of the parties, litigation can still continue for ages.

Regards,

Shonee Kapoor

Dear Mr. Kpoor,

Can i get it registered with some authority to safeguard my intrst and protection from future litigation?

Regards,

Vijay 

To the best of my knowledge it can not be registered.

Regards,

Shonee Kapoor

You have to file Petition for Judicial Separatrion u/s.10 of HMA.    However, you have to prove that....if your wife agrees, I suppse [as u r thinking of agreeement], she might give her consent to your petition sand on admission decree can be passed for judicial separation.   After the decree is passed, you have to wait for one year.   this period is given so that the law ensures whether the partis come together and cohabit.....if not that anyone of the spouses can file a petiion for a decree of divorce...called plain divorce in comman parlance which is much easier and faster

However, if yr wife is agreeing for judicial separation, she might have some condirtikns then make her agree for divorce...

Whatever may be your situation... if she is not giving consent to either JD or D, then in anycase you have to contest JDor D, then why file JD, better file D n contest it....

Anamika Vichare, Practising Lawyer from Bandra, Thae, High Court, Sessions, MM Courts Mumbai

anamika_vichare@rediffmail.com

Dear Anamika Ji,

Thanks for your response. As i wrote in first post, my wife is ready for separation but due social stigma attached with divorce her family does not want MCD. As i am paying all her rightfull alimony now which is 50% of my net worth, so to protect myself from any future harresment and undue demands, I just want to get some legal documenttion that we separated and i paid her alimony.

So please advise what will best course of ction here?

Regards,

Vijay