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N Omprakash   12 June 2020

Judicial separation

Dear expert/s, Wife filed judicial separation, interim maintenance, child custody.Also, DVC. Left home with child after 3 months of filing cases. Cases not yet reached arguments/evidence stage.
Querry: Supposing case goes in her favour, period of separation counts from leaving home or judgement date. And, one year calculation for eligibility for filing divorce after judicial separation ?


Quick Summary
This discussion concerns a real-life scenario where a wife filed for judicial separation, interim maintenance, child custody, and a Domestic Violence Case (DVC). She left the marital home with their child three months after filing. The user is seeking clarification on whether the judicial separation period commences from the date the wife left home or from the judgment date. They also want to know how this affects the one-year waiting period required to file for divorce after judicial separation.

 2 Replies

KS Johal   12 June 2020

What difference will it make if the 3-months was added or subtracted?
Is this a real scenario or is it a fictitious assignment?

N Omprakash   12 June 2020

Sir, It is a real scenario. My query is whether the judicial separation period starts from Judgement date or the date on which she left the home. Next, counting of one year to file for divorce, from which date.

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