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Agnipariksha (consultant)     29 June 2011

Decree of seperation

Hello,

What does Decree of seperation mean and what is its implication?

Thank you.



Learning

 5 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Hi,

 

Decree of seperation amounts to Divorce. Both party shall be free to live seperately and got the freedom to get married again. That means no more marrigae wed lock exists.


(Guest)

Here is your answer:

 

THE HINDU MARRIAGE ACT, 1955

 

 

CHAPTER III

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

 

Section 10.      Judicial separation. -

 

 

(2)      Where a decree for judicial separation has been passed, it shall no longer be obligatory for  the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

 

The ground on which a party seeks relief under section 10  is specified in subsection  (1) of Section 13 https://www.vakilno1.com/bareacts/hindumarriageact/s13.htm

 

 

 

 

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Dear All,

 

Please be noted that the 'DECREE OF SEPERATION' and 'JUDICIAL SEPERATION' are different in meaning.

Judicial seperation is an interim relief while the divorce petition is pending, but Decree of seperation is the final verdict which shall be appealable by the agrieved party.


(Guest)

Only conjugal life/right is denied as per the decree of separation.  No duty or right of obligation attached to either parties (spouse)  They can live separately .  After separation the parties can live together or get divorce as they think fit and proper.  But it doesn;t mean that divorce has been granted.  One cannot marry during the period of separation.

pratik (self working)     30 June 2011

good info.


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