SSP (XYZ) 14 April 2019

Judicial separation and divorce

Dear Sir's, Please advise me for the following. I have applied HMOP for seeking Divorce on 2013 but the sessions court dismissed my petition and Granted Judicial Separation instead of Divorce on 2015. Its almost 3 years passed now after judicial separation and there is no resumption of cohabitation between us. As i know after 1 year of judicial separation itself ground for divorce seniors please advise me shortest way for getting divorce and which court to approach. session (or) high court. 1. Do i have to apply fresh HMOP in session court and do i have to go through all chief and cross procedure ? 2. Can i apply revision divorce petition in the same session court? If yes which format i have to go through? 3. Can i apply for divorce directly in the high court based on my judicial separation decree? Please advise..

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{Balu manikantan} SUBRAMANYAM (Practising Advocate) 14 April 2019

The high court is not having the original jurisdiction to entertain the divorce petition you have to move a petition in the family court with the ground of non cohabitation after judicial separation after hearing the both parties by following the due procedure that is the trial which includes the chief and cross examination. Then the court will pass the the decree of divorce on merits. The best way is to amicably settle the matter by entering into a MOU and go for mutual consent divorce.

SSP (XYZ) 14 April 2019

Originally posted by : subramanyam
	The high court is not having the original jurisdiction to entertain the divorce petition you have to move a petition in the family court with the ground of non cohabitation after judicial separation after hearing the both parties by following the due procedure that is the trial which includes the chief and cross examination. Then the court will pass the the decree of divorce on merits. The best way is to amicably settle the matter by entering into a MOU and go for mutual consent divorce.

Dear Sir,

Thanks for your reply.

Here my question is In the Family court, Can i apply Interm Peition (or) Revision petition for already disposed HMOP (granted judicial separation) filed by me with the same number?

(or) Do i have to file a fresh HMOP petition with new number?

Reason behind my question is Some of my advocates are suggesting that i have to file a Fresh HMOP and to explian to judge during examination and argument stage. Some are advising that Interm (IA ) can be applied refering with the already disposed HMOP in the family court.

Please advise which one is correct.