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Wants to file a case for judicial separation from the husband
12-Nov-2023 (In Family Law)
Procedures to file judicial separation. .Do I need to file a case and is the presence of my spouse important for judicial separation before the judge..?
No the presence of husband is not necessary. But frankly speaking Judicial Seperation is a waste of time and money. Instead if you want to get separated from your husband permanently, I would suggest you to go for divorce by mutual consent.
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Adv. Shantanu Bhagwat
Pune | 25+ Answers
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A judicial separation case needs to be filed in the family court at a jurisdiction based on the last place of residence, or last place of cohabitation or the current place of residence/work.
A judicial separation case can be filed on any of the grounds available for dissolution of marriage but it is different from Divorce.
A case is necessary to be filed in Family or Civil Court in areas where there is no specific family court being incorporated and the spouse shall be the Respondent who shall be summoned through Court and in her/his failure to remain present, the matter may proceed ex-parte.
A judicial separation case can be filed on any of the grounds available for dissolution of marriage but it is different from Divorce.
A case is necessary to be filed in Family or Civil Court in areas where there is no specific family court being incorporated and the spouse shall be the Respondent who shall be summoned through Court and in her/his failure to remain present, the matter may proceed ex-parte.
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Adv. Dharmendra Damani
Mumbai | 25+ Answers
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Yes, your spouse presence is important before judge to file the judicial separation case. You have to file judicial separation case jointly Under sections 13-B of Hindu Marriage Act, if you are Hindu.
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Adv. Bhawanipant Dnyaneshwar Kaloo
Washim | 25+ Answers
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