Nemo (Other) 01 April 2013

Marital separation

Dear sir,

I got married in feb 2011 but due to constant misunderstanding i got separated from my husband on march 2012. I am living with my parents for the past one year and i have firmly decided not to get back to my marital life again. I am planning to pursue my Masters in America and i have shown my marital status as SEPARATED. Would that be okay or do i have to apply for divorce.

I have no plans for re-marrying again so i didnt force my husband to give me a divorce as he was threatening that he would not give one. i didnt want to ask now and give him a chance to create problems with my plans to go to US. Please advise if there would be any issues if i continue to use my status as separated. I heard that if a couple are separated for more than a year, they are considered to be divorced. Is that true? please help

Reply Follow

8 Replies

Manish Udar (www.Mehnat.IN) 01 April 2013

Being separated is okay for study purpose, but you cannot be considered as being divorced.

www.mehnat.in

HK_Jain... (498a Fighter) 01 April 2013

No, you can not set a status as Separated. You have to show or fill in the form as married to escape from the future complications.

If any suit like Divorce is filled. Then only you can write Separate.

Means matter is subjudice but pending before court.

Nemo (Other) 02 April 2013

Thank you for taking your valuable time to reply. But the visa application forms do have an option called separated in marital status. Am i not eligible to choose it?

Also please tel me is it a must that i should let know my husbands n in-laws that am leaving the country. Am sure they wouldnt be bothered but given a worst case circumstance what kind of problems can i expect? Do they have the right to stop me from going. Am 24 yrs old and I feel i solely have all right to decide my future

Manish Udar (www.Mehnat.IN) 02 April 2013

This is not Saudi Arabia. You can go anywhere you want, there is no need to take the permission of your husband.

www.mehnat.in

HK_Jain... (498a Fighter) 02 April 2013

Originally posted by : Nemo

Also please tel me is it a must that i should let know my husbands n in-laws that am leaving the country.

No Its not mandotary, you are free to go anywhere?

Am sure they wouldnt be bothered but given a worst case circumstance what kind of problems can i expect?

Untill any criminal cases is there, you dont need to worry but for safer side just ignore it.

Goutam Prasad (Advocate) 02 April 2013

I have to inform you that stating seperated in VISA application form is incorrect. For the same you need to get Judicial Seperation under Hindu Marriage Act. Right now your status will be "Married" and will remain same untill you get any appropriate court order.

Hence, it is suggested that if you wish to not to go to your husband, you must file petition for either Judicial Seperation or petition for Divorce.

I agree that if your husband is not ready for divorce, then mutual consent divorce will not be in picture. AND you will have to go for contested divorce. But, the same will be legal and further I have to inform you even in that case your in laws will not be able to create problems for you to get VISA etc. Contested divorce may be time consuming but you can leave country in between and no one will stop you. The divorce matter can be looked after by your advocate. It is not necessary to be present on evrery dates in contested divorce.

Regards.

Goutam Prasad

Advocate

Mob: 9810753838

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

1 Like

Nemo (Other) 02 April 2013

Dear All,

I truly appreciate all your responses. Thank you! If it is a divorce by mutual consent do I have to appear for any hearing. Would it be mandatory for my personal presence?