Want to be separated from husband what can be the procedure

Question

Want to be separated from husband what can be the procedure

16-Jan-2023 (In Divorce Law)

I had love marriage in 2015, then after i have given birth to baby girl.here my husband lied every thing about him and his family.during my pergancy period i came to know tht my mother-in-law is HIV AID positive,but no one has told me abt it whn i ask my husband he told me various stories in these,then his mom and sister said bad word to me,my baby and to my mom.now hence he is molestation me in life. now i don"t want to give him divorce and i want to be stay separate from him.it is possible

Answers (5)

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Adv. Shalini Devi Adv. Shalini Devi

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Advocate Shashi Chaturvedi LawRato · Accepted Answer · 2017-01-16T16:04:52+05:30

Answer #2

Yes. You can live separate from your husband under section 10 of Hindu marriage act. The matter will be filed in court for judicial separation and after order you will be legally entitled to live separately.

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Adv. Shashi Chaturvedi Adv. Shashi Chaturvedi

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LawRato LawRato · Accepted Answer · 2017-01-16T16:11:33+05:30

Answer #3

Dear client if u don't want divorce and want to stay separate from husband then file judicial separation petition in court. If court allow yr petition then u can live separately without interference of husband. For any legal help call me Adv Prasad Patil Pune

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Advocate Samina Mirza LawRato · Accepted Answer · 2017-01-16T16:27:39+05:30

Answer #4

Yes. It is possible to stay separated from your husband without divorcing him. You can opt for judicial separation. There is no effect of a decree for judicial separation on the subsistence and continuance of legal relationship of marriage between you and your husband.

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Adv. Samina Mirza Adv. Samina Mirza

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Advocate Amresh Sharma LawRato · Accepted Answer · 2017-01-16T17:47:06+05:30

Answer #5

yes you can seek separation from your husband but you have to give sufficent grounds whether your husband has assaulted you or abused you or is harassing you so as to cause mental crises . your health is suffering due to his behavior or whether he is alcoholic or having affairs, if the husband is not doing any of the above act then you have husband who is taking your care and just because he did not disclose of his mothers HIV Aid positive ,is not a ground for seeking JUDICIAL separation.If his mom and sister are at the instance or instigation of your husband giving bad words then register register a complaint N.C in police station or file domestic violence complaint against all those who are harassing you and seek relief that they should not enter the house in which you stay or separate residence for your self with maintenance for your self and your daughter.

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Adv. Amresh Sharma Adv. Amresh Sharma

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