How difficult it is to get judicial separation if facing DV. When should that be filed. Before or after first appearance in DV.
What are its pros and cons? I mean judicial separation.
Human (MRA) 08 August 2012
Why are you wanting Judicial Separation?
You can File for Judicial Separation only if:
1[(i) has, after the solemnisation of the marriage, had voluntary s*xual intercourse with any person other than his or her spouse; or]
1[(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
1[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
2[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
(iv) has 3[***] been suffering from a virulent and incurable form of leprosy; or
(v) has 3[***] been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; 4[***]
[(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 7[one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 7[one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
And if you have any of the above then why dont you file for Divorce?