Difference between separation and divorce
13-Aug-2023 (In Divorce Law)
i My husband had filled a petition of judicial seperation section 10 of hindu marriage based on cruelty as mentioned in summon. I am living with him at his home with having a baby girl of 1 year. I don't want to give divorce or seperation to him. So Is this easy for him to get seperation through court.?? Also wants tò know that separation and divorce are similar ??
Salutations , just read your query. We deal with these type of cases. We will get back to you on your contact details to have an elaborate discussion and offer all possible help from our side. Kindly wait for our call. Thanks.
The main differences between a divorce and a judicial separation are: A divorce legally ends a marriage, but a judicial separation does not. ... You can get a judicial separation at any point, but with a divorce you must wait until you've been married for at least one year.
The real intention of filling the petition u/s 10 HMA is to obtain decree of Judicial Separation to prevent husband wife relationships, to turn out the wife of the matrimonial home and after one year of passing of the decree of Judicial Separation applying for Divorce on the ground of non consummation of conjugal relationships between the parties.
You husband very cleverly wants to get you out of his life step by step and therefore he has done this .
If he gets the decree of Judicial Separation he will force you out of the matrimonial home and will remain out of your confection for more than 1 year, so at last apply for divorce and get out of the marriage.
You husband very cleverly wants to get you out of his life step by step and therefore he has done this .
If he gets the decree of Judicial Separation he will force you out of the matrimonial home and will remain out of your confection for more than 1 year, so at last apply for divorce and get out of the marriage.
HI
Let me first explain you the difference between the two. Judicial separation can be granted by the Court for the any of the reason mentioned in Section 13 (i). Under judicial separation, you two shall still be husband and wife but it would not obligatory for you to live together under same roof. You are free to live separately. Judicial separation is basically granted , if applied, to reconcile together and it basically acts as a cooling period. If nothing fruitful comes during this period then you can file for divorce. Further You can always oppose the application filed by your husband for judicial separation under section 10. The onus to prove the cruelty is on your husband and you can always strongly oppose his contentions in court during evidence and arguments. All you need is a good lawyer.
Thank you
Let me first explain you the difference between the two. Judicial separation can be granted by the Court for the any of the reason mentioned in Section 13 (i). Under judicial separation, you two shall still be husband and wife but it would not obligatory for you to live together under same roof. You are free to live separately. Judicial separation is basically granted , if applied, to reconcile together and it basically acts as a cooling period. If nothing fruitful comes during this period then you can file for divorce. Further You can always oppose the application filed by your husband for judicial separation under section 10. The onus to prove the cruelty is on your husband and you can always strongly oppose his contentions in court during evidence and arguments. All you need is a good lawyer.
Thank you
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