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Judicial separation in Hindi law
24-Apr-2025 (In Divorce Law)
Can procedure of judicial separation be skipped as per hindu law?
It depends on the facts and circumstances of the matters. Feel free to contact us for a detailed discussion. We need to get more details of your matter to guide you better.
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Mehak Bhatia
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Adv. Mehak Bhatia
Delhi | 50+ Answers
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According to the Hindu Marriage Act, It can be skipped when the divorce is by mutual consent but again a separation of atleast one year shall be there between the husband and wife. Also the procedure to obtain a divorce decree by mutual consent is also hassle free.
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Adv. Preena Kashyap
Delhi | 25+ Answers
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It is seperate from divorce and needs proper order from court where the couple is married but lives separately. However, there is now a provision to waive off the period of 6 months of judicial separation after filing of first motion , incase one needs a divorce.
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Adv. Aditi Gupta
Delhi | 25+ Answers
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If there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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One cannot skip the procedure of judicial separation as the same has been enshrined and enumerated will some legislative intent to not create a atmosphere of illegality in divorce.
It has to be dealt in accordance with law and after the passage of divorce decree, a husband and wife are considered divorced.
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Adv. Ishan Singh
Delhi | 25+ Answers
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