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What is the procedure to file a case of judicial separation
25-Sep-2023 (In Divorce Law)
My husband is not earning since Feb'15. I left my job in Jul'15 as my in laws humiliated me upon late returns from office. Now they are unhappy as they want me to work. My husband is having physical ailments and mental problems. We are Hindus. We live in a rented place. My father in law and brother in law are paying for 16000.00 for the monthly expenses but humiliating me in different ways. I am working online. I have a son who is 4 and half now. I wish to seek separation from my husband. Please suggest.
Sec.10 of the Hindu Marriage Act provides the provision for Judicial separation which is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce. The effect however is on their co-habitation. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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This is a clear case of harassment on part of the wife by the in laws. you must take action against the same. judicial separation you have to file divorce and it may prolong for years better to file cases properly rather than getting jumbled up various litigations. discussion is important
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Adv. Aveek Bose
Kolkata | 500+ Answers
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At first you have to make your mind that whether you are seeking for judicial separation or divorce I think by getting the Decree of judicial separation you cannot get any fruitful result but if you want a divorce then you can file an application for mutual divorce if your husband is also giving consent for giving divorce or you have to file an application under section 13 of Hindu Marriage Act or otherwise as applicable in your case.
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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