Witdrawal judicial separation case and replace with Divorce

Question

Witdrawal judicial separation case and replace with Divorce

21-Jul-2025 (In Divorce Law)

Sir, My judicial separation case under section 22, Indian Divorce Act 1869 is pending in Civil Court. How to replace it wiFredth divorce petition?

Answers (3)

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Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2025-07-21T13:55:16+05:30

Answer #1

if civil court in your place is having jurisdiction to admit a case of Judicial separation then you can file a divorce case also. But it is not replacing - you have to file it afresh and withdraw earlier case.

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2025-07-23T15:23:19+05:30

Answer #2

Dear Sir, It is very simple. Please withdraw the judicial separation case then file Divorce case directly. Thus there will be no hurdles. You must say that in the developed circumstances it is not possible to continue in the marriage as it is irretrievably broken.

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Advocate Kiran Kumar BM LawRato · Accepted Answer · 2025-07-23T21:20:50+05:30

Answer #3

Judicial separation is a separate prayer diverse separate prayer it cannot be replaced we have to withdraw the separation petition and file a new petition for diverse on the ground of the cruel and if there is two years of decision from either of the spouse the prayer in the judicial separation petition cannot be converted into the diverse petition

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