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kalyan (engineer)     30 March 2015

Judicial separation - what will happen after one year?

Wife stays at her parental home for last 5 years.  Husband filed divorce on the ground cruelty and desertion. Wife’s petition for restitution of conjugal rights was dismissed on the grounds of cruelty. Judicial separation was given. Both parties did not try to cohabit even after one year. If husband files for divorce again, can husband say wife is not entitled for any relief like maintenance/alimony as she willfully deserted? Cruelty has been already proved and wife did not challenge it.



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 3 Replies

saravanan s (legal advisor)     30 March 2015

if wilful desertion and cruelty is proved against her then she is not entitled for maintenance

kalyan (engineer)     31 March 2015

Cruelty has been already proved. Failed to prove desertion as divorce petition filed in 23 months of separation. Now under judicial separation and 1 year completed in this May. I never paid the interim maintenance order as I lost my job even before filing the petition. I am going to apply for divorce again as said period of 1 year after judicial separation is  very closer. My doubts are:

Can she stop my petition by showing I never paid interim maintenance?

Can I counter that this judicial separation is a proof of wilful desertion and not entitled for maintenance?

In the judgement of judicial separation, it is clearly stated that she is spinning stories from the statements given during cross examination. Can I show supreme court judgement which states no compensation for whether it is permanent/interim if petitioner tell lies?

T. Kalaiselvan, Advocate (Advocate)     31 March 2015

Judicial separation and subsequent divorce is a different subject to that of grant of maintenance on her petition for it.  You have to accustom the same on the basis of merits you intend to fight it out. You prepare the grounds for each case on the basis of the case averments.


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