Dead marrige


I have married a divorced women with 2 children from her past wedlock. we event to marry for good cause and one sided love and soft imotion from my end. as a commited man i have legually adopted both the children, and they are very fine with me. however me and my wife have no good terms due to her supicious nature and she suspect me for every signle comman act of all kind and be judgmental. its been 10 years now and no change. i am continuing the relation just because i dont want to spoil life of 2 innocent children. it is difficult to continue as facing unbarable humiliation and abuse. I think positive and do all good acts to revive the relation and in intrest of children but stands fail in every manner. i dont want to divorce her but want saperation so i can live respectfully whithout harming my wife and children. please suggest leagally it is possible ?

 
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Apply for judicial separation.     Simple.

The children are well grown up.    Not difficult for you to maintain them.      Don't say no.

Let her take them away if she wants to.    Say no for their maintenance.

 
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Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.

 

Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce. The reason for the presence of such a provision under Hindu Marriage Act is the anxiety of the legislature that the tensions and wear and tear of every day life and the strain of living together do not result in abrupt break – up of a marital relationship. There is no effect of a decree for judicial separation on the subsistence and continuance of the legal relationship of marriage as such between the parties. The effect however is on their co-habitation. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her spouse .

 

The provision for judicial separation is contained in section 10 of the Hindu Marriage Act, 1955. The section reads as under:

 

A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought.

Hence, judicial separation can be had on any of the following grounds:

Adultery

Cruelty

Desertion

Apostacy (Conversion of religion)

Insanity

Virulent and incurable form of leprosy

Venereal disease in a communicable form

Renunciation of world by entering any religious order

Has not been heard of as being alive for seven years

If the person applying for judicial separation is the wife, then the following grounds are also available to her:

Remarriage or earlier marriage of the husband but solemnised before the commencement of Hindu Marriage Act, 1955, provided the other wife is alive at the time of presentation of petition for judicial separation by the petitioner wife.

Rape, sodomy or bestiality by the husband committed after the solemnization of his marriage with the petitioner.

Non-resumption of co-habitation between the parties till at least one year after an award of maintenance was made by any court against the husband and in favour of the petitioner wife.

Solemnization of the petitioner wife’s marriage with the respondent husband before she had attained the age of 15 years provided she had repudiated the marriage on attaining the age of 15 years but before attaining the age of 18 years.

 

It is on all the above grounds that judicial separation can be sought. The first 9 grounds are available to both the husband and the wife but the last four grounds are available only to the wife. It is to be noted that it is on these grounds that divorce is also to be granted. It has been held that unless a case for divorce is made out, the question of granting judicial separation does not arise. Therefore, the Courts while dealing with the applications for judicial separation shall bear in mind the specific grounds raised for grant of relief claimed and insist on strict proof to establish those grounds and shall not grant some relief or the other as a matter of course. Thus on a petition for divorce, the Court has discretion in respect of the grounds for divorce other than those mentioned in section 13 (1A) and also some other grounds to grant restricted relief of judicial separation instead of divorce straightway if it is just having regard to the facts and circumstances.

 

 

 

 
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