Can a couple take legal separation without divorce

970 votes

Hi, There is a legal process which is called as having a "Mutual Divorce" where you and wife can mutually draw out the terms of settlement and amicably have a legal separation.

Should you wish to not follow this, another way is that among yourself or with the help of a lawyer, you can agree to some terms of mutual understanding and abide by those (this is more of an informal agreement and understanding between the two parties and maybe difficult to practice in case the relationship is already strained)

Advocate Ruchira Chaudhary LawRato

543 votes

sECTION 10. Judicial separation.-
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party-
(a) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(b) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or
(c) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or
(d) has, immediately before the presentation of the petition, been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or
(e) has been continuously of unsound mind for a period of not less than two years immediately preceding the presentation of the petition; or
(f) has, after the solemnization of the marriage, had sexual intercourse with any person other than his or her spouse.

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Advocate Pratik Duhan LawRato

782 votes

Yes you can do this legally, However You can take divorce mutually too. For further assistance kindly contact me at my cell phone. Or you can meet me at my office.

Thanks
Mandeep Singh Pathania Adv
District court Saket, New Delhi

Advocate Mandeep Singh Pathania LawRato

657 votes

Yes you can live separately and can also get the custody of your daughters but that can be done only with the consent of your wife. A separation agreement can be drawn having terms and conditions acceptable to both the parties and that can be acted upon. You remain legally married while choosing to live separate live.

Advocate Mohit Arora LawRato