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Nithya (Officer)     30 July 2014

Judicial separation vs divorce

What is the difference between Judicial Separation and Divorce?

Is it possible to remarry after Judicial Separation?

Or is live-in relationship legally accepted after Judicial Separation?



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 9 Replies

Amit Gupta (Advocate)     30 July 2014

Judicial sepration is just a temprory relief for party is escape from cohabitation with other party. remarriage is not permitted till decree of divorce is granted. further live in relation ship has no status in eye of Hindu Law, even live in relation cant be proved in courts even. 

Nithya (Officer)     31 July 2014

Yes, i do understand that re-marriage is not possible when the judgement is Judicial Separation.

It was a contested case, but the respondent never turned up.

What i asked was for a divorce, but the judgement given was Judicial Separation.

 

Dont know how to proceed further.....

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 July 2014

Fight the case on merit, after one year of judicial separation if there is no chance for reunion of the parties the court may pass an order for grant the divorce or dissolve the marriage.

Nithya (Officer)     31 July 2014

There is no chance of reunion anyway, as the separation period is already nearly 7 years now.

My query is that ... whether it would be possible to get the divorce judgment in the family court itself? ..... maybe after one year?

Or is it essential to file the case in the high court only? ... to get the divorce granted?

Adv k . mahesh (advocate)     31 July 2014

have you filed any evidences to show that he is staying away from you since 7 years because if you show then court will consider and pass appropriate orders even now if you have any evidences then file 

Nithya (Officer)     01 August 2014

Yes but not exclusively. 

Proofs like .... kids' fees receipt were produced as i had not asked for any maintenance etc., had asked just for a divorce, that's it.

Is there any other way to prove it?

Is there any way to get the judgment revoked in the family court itself?

Nithya (Officer)     04 August 2014

How to proceed further?

Is there any way that the judgement can be revived? in the family court itself?

Or is it possible only if i approach highcourt?

Pls advice.

Happily Divorced (TL)     04 August 2014

Judicial separation can be filed before completion of one year of marriage where as mutual consent divorce cannot be filed within one year of marriage. Other than that bearing some small practical differences, both are same. 

Samir N (General Queries) (Business)     04 August 2014

Once a Court issues an Order, in Indian Courts, it loses full jurisdiction over it. In some Western jurisdictions, there is a concept of asking the Court to reconsider its judgment. In India we do not have that concept. So, the issue of "reviving" an Order in the same Court is not legally tenable.  If you have 7 years separation, your best option is to file for divorce based upon desertion. Forget the past judgment on judicial separation. Its relevance is only to support your NEW divorce petition based upon desertion. You will have to show that he deserted you for more than 2 years. 


One thing is not clear from your post. The seven years separation - When did it start in relation to the Order issued on judicial separation and/or in relation to the date of filing of that petition? 


Also important are the prayers in your petition. Did you ask for divorce and as an alternate relief seek judicial separation? Did you ask for divorce based upon desertion? Courts cannot grant any relief that is not prayed for.  And if the Court did not grant a relief that was not prayed for, then there is no point in appealing that Order.  You will have to file a new petition.  If you had filed a petition for divorce based upon desertion and it was not granted, then your ONLY option is to appeal. You cannot file another petition seeking the very same relief which was rejected earlier unless there are NEW facts which could not have been brought before the Court earlier. 


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