How to get Judicially separated without getting a divorce?

724 votes

Judicial Separation is a provision under the Indian marriage laws, wherein both the husband and the wife get an opportunity to introspect about giving a chance to their marriage, before going on with the divorce proceedings. Under a decree of Judicial Separation, both the parties live separately for a period of time getting adequate space, independence and time to think about continuing their marriage or not. During this phase, both the parties still carry the same legal status of being husband and wife and yet at the same time live separately also.Judicial Separation does not terminate marriage whereas in divorce the parties are no more husband and wife and hence the marriage ends. While undertaking proceedings for judicial separation, the court does not have to consider that the marriage is permanently closed or broken down whereas in divorce it is required while presenting the petition. Both the parties can file for judicial separation any time post marriage whereas in case of divorce the parties can only file for divorce only after completion of one year of marriage. A judicial separation goes through one stage judgment procedure however; divorce goes through a two stage judgment process. There are certain provisions in Matrimonial Causes Act 1973 that are applicable to divorce but are not applied to judicial separation petitions irrespective of going through a two or five year separation period. Judgments with respect to Wills are not applicable in case of Judicial separation. In case the parties are undergoing a separation time and if one of the spouse dies then the existing spouse will not be benefited out of it and thus the property will devolve. Judicial Separation is a process wherein, the Court provides a final turn to a couple seeking divorce, to try resolving their differences by living separately, before the initiation of divorce proceedings. This gives time for introspection and resolving the matrimonial disputes and misunderstanding between the couple.

Advocate Bala Murali LawRato

508 votes

Hi,
As you said that you don't want to give divorce and you don't want to live with your inlaws too. You try to take matter before elders try to settle. If not you can file case for domestic violence against him and ask for separate residence. Call us through website for assistance

Advocate Mohammed Abdul Quadeer LawRato

724 votes

Ending the life is not the solution for any problem. Be brave and fight the war. As you want stay with your husband and with son. It is a positive look towards life. Now you think how to change him. If your problems are genuine then take middleman in your family and settle the issue. If you need any further counselling contact me.

Advocate Sanjeevi Krishna Rao LawRato