satya (Manager) 11 September 2011

Mutual divorce

My wife filed judicial separation case under section 10 of HMA 1955, maintenance case under section 25 of HMA 1955, Domestic violence case and case for stay in my house with her mother and brother. Looking to these all cases I gave my consent in mutual divorce case under section 13B of HMA 1955. The court has rejected her case of domestic violence and stay of her mother and brother in my house. 24th august 2011 was date on completion of six month. Now she do not to withdraw judicial separation case not want to live with me and want to withdraw consent in mutual divorce case. what will be fate of this whole case?

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4 Replies

Advocate M.Bhadra 11 September 2011

Brought the notice to the Court about the case on judicial separation at the time of hearing of suit for Divorce on mutual consent which is infractuas,it would not maintainable.After consideration court may proceed the suit for Mutual divorce and you will obtain a decree of divorce.

Adv. Chandrasekhar (Advocate) 11 September 2011

In MCD case, if the wife comes and tells the court she is not interested for divorce decree, the case will be dismissed.

In Judicial separation case, it will continue till its logical endings.

The Section 24 application (not Section 25 application) will be disposed off after hearing the parties.

satya (Manager) 12 September 2011

Hello Mr Adv. Chandu, Thanks for your reply. Can u tell me why the judicial separation section was introduced in Hindu marriage act 1955? As per my interpretation the judicial separation means wife not in position to live with husband and husband want to live with her. Whenever husband also not interested to live with wife then there is no meaning of judicial separation. Judiciary may not be used to blackmail anyone. The mutual divorce may be filed on some agreement and whole legal word is depend on agreements. No may be allowed to desert from the agreement. Please try to update the current decesions and advice me proper advice.

Saurabh..V (Law Consultant) 12 September 2011

@Author

While the case of Judicial Seperation was being entertained, the seperate case to allow her to reside in your home could not be allowed. That too, she went to an extent to seek permission to allow her mother and brother at your home. It clearly shows mala-fide on her part.

As @Adv Chandu suggested, Judicial Seperation case has to come to it's logical conclusion. Here you have an upper hand as her two plea were contradictory. On one side she was asking seperation and then she wanted to live with you too.

You have a confused and provoked lady with you. She is certainly not acting on her own but acting on the whims of her mother and brother. Try counselling which might work out for you two.

Also if she states in the second motion for MCD that she is not interested for such divorce then you have no option. Judges are not sitting to pass decree of divorce but to save marriages.

//peace

/Saurabh..V