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S.B _Kolkata (Service)     11 February 2010

Section 10. Judicial Separation

Can I have a firm idea abut the "Section 10. Judicial Separation"......

What is ground for the same?

What are the point to be take care in this matter?

Whats about the implication of maintanance or alimony for the? same



 5 Replies

N.K.Assumi (Advocate)     12 February 2010

Dear Choudhry, Divorce should be distinguished from Judicial seperation. Divorce ends the marriage, leaving the parties free to remarry, but judicial seperation only has the effect of sanctioning a state of affairs in which they live apart. In judicial sepaeration the marriage relations is suspended and duties and obligations are modified though tha matrimonial bond remains in full. For this type of divorce which is only from bed and board the term used in modern statue is judicial seperation, where the relationship of husband and wife subsits and the effect of the order of judicial seperation is to permit the parties to live apart without the right to coibit with the other, though the marriage is not dissoleved. it is an opprtunity to afford the parties to reconcile their differences and to come together.

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Jatin Duggal (Advocate-Uttranchal)     12 February 2010

Petition for Judicial seperation may be presented on any of the grounds specified in divorce like--adultary, desertion, cruelty, chronic illness etcor on grounds of faliure to comply with RCR--then it shall be no longer obligatory for the petitioner to cohabit with the respondent.

if your wife has no independent source of income even apart 4m judicial seperation--if she has filed 125 crpc then you have to give her the maintenance.

 

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Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 February 2010

10. Judicial separation.

(1)Either patty to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse ; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(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

(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. Explanation.-In this clause,- (a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable from of leprosy; or (v) has been suffering from venereal disease in a communicable from ; or

(vi) has renounced the world by entering any religious order; or

(vii) 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

Explanation.-In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

 

(1A) Either party to a marriage, whether solemnized 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 one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties;

 

 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 February 2010

If you want more information please contact.

Puneet Bansal (CA)     12 October 2015

My question is that - 

Judicial separation happens in the court by the judge? Or agreement by advocate/attorney is enough. What is the procedure to get legal separation in Delhi

 

Thanks

 

 


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