Divorve
5 years ago
Hi
My husband had filled a petition of judicial seperation section 10 of hindu marriage based on cruelty as mentioned in summon.
I am living with him at his home with having a baby girl of 1 year.
I don't want to give divorce or seperation to him.
So Is this easy for him to get seperation through court.??
Also wants tò know that separation and divorce are similar ??
A.I beg to differ in the matter of evidence. Evidence is very important in Law, family Courts are no exception to it. If your husband proves cruelty he will get a decree for judicial separation. But judicial separation is not divorce.
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Viswanath M K
Responded 5 years ago
A.See, in family court, evidence has no significance. The only thing that matters is that whether the marriage is fit to be dissolved or not. The court is not for the purpose of separating a family, but it is founded for resolving disputes and bringing the couple to reunion.
Whatever it is that your husband has recorded over phone does not matter. Tell the judge that you have a child and don't want the separation to be granted. Only that will be taken to consideration by the judge.
Any further doubts, call me through Vidhikarya.
Whatever it is that your husband has recorded over phone does not matter. Tell the judge that you have a child and don't want the separation to be granted. Only that will be taken to consideration by the judge.
Any further doubts, call me through Vidhikarya.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.You should be contact to vidhikarya lawyer for filing your say and contest judicial separation petition filing by your husband. Also you must be file maintenance petition as early as possible.kindly contact with us.
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ROBERT D ROZARIO
Responded 5 years ago
A.(1) Judicial Separation(JS) is the first step prior to a divorce. At any time after the pronouncement of decree of judicial separation a petition for divorce can be filed. It is a ground for divorce. After a decree of JS is granted and petition for converting it into divorce is presented, the court will not inquire into any grounds for divorce and will grant a divorce. JS does not require spouses to stay at different places. They can reside under a common roof. Only their conjugal duties towards each other comes to an end. If husband tries to establish physical relationship with wife during the period of JS separation, he will be charges u/s 376(A) IPC.
JS is a temporary suspension of marriage (period of suspension is one year). Neither party is bound to cohabit with other and gives the liberty to live separately. Neither party can remarry during period of judicial separation. There is a possibility of reconciliation. If differences are sorted out amicably and cohabitation resume, then parties are to file a petition for annulling a decree of JS.
(2) Divorce puts an end to the marriage and all mutual rights, and obligations stand terminated. Its a two-step process- first reconciliation and then divorce. The parties are free to marry again after divorce.
Engage a lawyer from Vidhikarya to enter and contest his application and also file a petition for maintenance for yourself and your one your baby. Since you don't want divorce, drag JS proceeding.
JS is a temporary suspension of marriage (period of suspension is one year). Neither party is bound to cohabit with other and gives the liberty to live separately. Neither party can remarry during period of judicial separation. There is a possibility of reconciliation. If differences are sorted out amicably and cohabitation resume, then parties are to file a petition for annulling a decree of JS.
(2) Divorce puts an end to the marriage and all mutual rights, and obligations stand terminated. Its a two-step process- first reconciliation and then divorce. The parties are free to marry again after divorce.
Engage a lawyer from Vidhikarya to enter and contest his application and also file a petition for maintenance for yourself and your one your baby. Since you don't want divorce, drag JS proceeding.
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Viswanath M K
Responded 5 years ago
A.Judicial separation is different from divorce. Separation is temporary, but divorce is permanent dissolution of marriage.
Getting judicial separation is not easy, provided you contest the case. There will be counselling and it is usually very effective.
There is nothing to worry. I advise you to contest the case.
Getting judicial separation is not easy, provided you contest the case. There will be counselling and it is usually very effective.
There is nothing to worry. I advise you to contest the case.
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Srinivasan Ellappan
Responded 5 years ago
A.Divorce and separation are different.In divorce, husband and wife relationship comes to an end.In separation, the legal relationship continues, only thing is that they are not bound to cohabit with each other.During the period of separation,the parties cannot remarry.There is a scope for reconciliation and settlement in separation whereas in divorce there is no scope.
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Prabir Kr. Chakraborty
Responded 5 years ago
A.Need to contest case filed by your husband for judo seperation. Contact a lawyer through Vidhikarya. Case has good on merit for you.
PKC, Adv.
PKC, Adv.
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prasad
Responded 5 years ago
A.dear client u can oppose for judicial separation by appearing in the case by denying all his allegations. for any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
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Ashutosh & Co
Responded 5 years ago
A.basic difference between Judicial Separation and divorce is that divorce brings the marriage to an end whereas judicial separation does not. ... The procedure and grounds for getting both, Judicial separation and divorce are the same. It is at the option of the parties which remedy they choose from the court. U can challange the pettion in court if u want
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Kavery Anand
Responded 5 years ago
A.Answerd by Adv kavery Anand Bangalore.dear client..1) Ur husband filed separation petition.. and u don't want to get separat or Divorce from him then u can file RCR ... restitution of conjugal rights.
2) legal separation and divorce is little different from one , another...
Divorce is going away forever from wedlock.
Separation is only getting separation through legal ( living separate) but u will have all the rights on properties and other responsibilities.
2) legal separation and divorce is little different from one , another...
Divorce is going away forever from wedlock.
Separation is only getting separation through legal ( living separate) but u will have all the rights on properties and other responsibilities.
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