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Meaning to Divorce Not granted but Judicial separation given?


11-Oct-2023 (In Divorce Law)
What will be the status of the Marriage Decree after one year in the following judgement:- ' Divorce Not granted as No cruelty in the case, but Judicial separation granted due circumstances for one year' ??
Answers (3)

Answer #1
838 votes
That means divorce is not given to you because there was no cruelty was prooved by you, so one year you and your wife has to live separated and after one year. you may rejoin if all circumstances goes good, and you did not sent the judgment to tell exactly so for further assistance kindly contact us.

Answer #2
978 votes
Dear,

'Divorce Not granted as No cruelty in the case, but Judicial separation granted due circumstances for one year' means that the court has given you and your spouse one year time for resolving the differences between you both. Judicial Separation is a process wherein, the court provides a chance to a couple seeking divorce, to try resolving their differences by living separately for one year before the initiation of divorce proceedings. This gives time for introspection and resolving the matrimonial disputes and misunderstanding between the couple. After one year where the court considers it just and reasonable and is satisfied on the application of either party i.e., either husband or wife, court may rescind (revoke/cancel) the decree of judicial separation.
Answer #3
519 votes
Hi
Once judicial separation is granted, you are free to file for divorce at the end of judicial separation period.
Technically both of you are husband and wife during the judicial separation period but with out cohabitation rights.
It is separation recognized by law and that both parties though officially married , cannot cohabit together.
if you wish to co-habitate, you may do so after judicial separation period of 1 year or you can file for divorce thereafter.
DIvorce proceeding after judicial separation is only a mere formality.

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