Clarification on legal separation


My friend wants to take a legal separation from the husband because of Mental harrassment.Just wanted to know if the legal separation in India gives the wife immunity from the following 1. Debts incurred by the husband after the legal separation (The husband has a drinking problem and constantly takes loans which he makes his wife repay) 2. Any demand for cohabitation or conjugal rights from the wife 3. Any threat to "take away" the four year old child (The husband constantly threatens to take away the child if any of his demands are not met). 4. Any demands on the wife's salary / savings (The husband is not able to keep a stable job) My friend has no financial expectations from the husband , just cannot take the harrasment anymore and wants to be legally separated from him.

Answers (5)


329 votes

File case of domestic violence and claim maintainance for child or file petition for judicial separation and custody of child is with you and husband be prevented from taking him out of you custody you have no liability of your husband's debt .


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235 votes

Dear Sir/Madam,
1. The wife is not bound to pay the debts of her husband from her income, more so after legal separation.
2. Legal separation Order can be ultimately be converted into a Divorce Decree at the option of either parties
So even if the husband does file Petition for Restitution of Conjugal Rights it can be contested.
3. Normally the law is that the child of tender age can be taken good care of by the mother. But that again wil
differ from case to case.
4. The husband cannot demand any right on the wife's savings/salary but it is the bounden duty of the husband to maintain his wife

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259 votes

Hi
Your friend want a legal separation or divorce both have different connotations. If legal separation then a more faster remedy is filing under Protection of women from domestic violence act for all the releifs you have mentioned . If divorce then a divorce petition with all the releifs mentioned above. Both remedies possible .For more information click on divorcewhammy.com

84 votes

It will be proper if you take paid consultancy to compensate the lawyer's stock-in-trade required to advise you. The fact you had mentioned it is not practically possible to give legal solution to ur problem.

97 votes

Mental harassment,drinking habitat are the key points to take divorce from the husband after divorce she will be reluctant of his loan.but custody of child may be given to u,as he is drinking habitat.

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