Judicial Seperations

Judicial Separation

The Judicial Separation Decree requires that both parties live apart for some time, providing both the husband and wife with appropriate space, more freedom, and time to choose whether to continue their marriage. During this stage, the partners retain their legal position as husband and wife while living separately.

The process begins with the filing of a petition by one spouse. The petition must state the reasons for the separation, including any violent or abusive behavior on the other spouse’s part. If the court agrees that a judgment is necessary, the couple will begin the separation process.

Once the couple has begun the separation process, they must attend hearings to discuss their relationship and resolve any disputes. The court will make the final resolution of the case, not by either party.

The purpose is to protect the interests of the children by ensuring that their parents remain involved in their upbringing. It can also be used to resolve disputes between spouses.

Grounds for Judicial Separation

Either husband or wife may present a petition for judicial separation on any of the following grounds:

1. Adultery, i.e., voluntary sexual intercourse with any person other than his or her spouse
2. Cruelty, including both mental and physical cruelty
3. Desertion for a continuous period of not less than two years without reasonable cause and consent
4. Conversion from Hinduism to any other religion
5. Unsoundness of mind
6. Suffering continuously or intermittently from a mental disorder
7. Suffering from a virulent and incurable form of leprosy
8. Suffering from venereal disease in a communicable form
9. Renunciation of the world by entering any religious order
10. Not heard of being alive for seven years or more by those persons

A wife may also present a petition for judicial separation on the following grounds too-

1. Bigamy
2. Guilty of rape, sodomy, or bestiality
3. Cohabitation between the parties has not been resumed for one year or upwards after an order from the court.
4. The marriage took place before the attainment of the age of fifteen years.

Where to file the petition

A petition has to be filed in the District Court of the place where:

• the marriage was solemnized.
• the respondent resides.
• the parties to the marriage last resided together.
• the petitioner resides under certain circumstances.

For more information and personal assistance in your case contact

Deepti Dogra and Associate

Phone no.- 8989696931

Email- [email protected]

1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030