Legal Question in Family Law in India
What is the difference between Judicial Separation and Mutually Consented Divorce.If in a Mutually Consented Divorce,wife is the Petitioner No 1,but during the cooling off period wife withdraws her consent for divorce,the case is dismissed.But if the husband(Petitioner No-2)still wants divorce apprehending drastic action of wife on coming back,can the husband ask the court for judicial separation SINGLE HANDED and on what ground?Please help
2 Answers from Attorneys
divorce by mutual consent is granted when the consent of both parties is there .If any one party retracts the consent the divorce by mutual consent annot be granted and for seeking a divorce you need to file a petition for divorce on the grounds available to you.
Judicial separation means severance of connection among the spouses by the order of the Court. . In Judicial separation the severance of connection is permanent and also affects the status and position of the spouses as husband and wife. Judicial separation thus is a step midway between subsistence of marriage and complete dissolution of marriage effected by divorce. Divorce is a remedy whereby the marriage is dissolved and the matrimonial tie is broken for ever. for further clarifications you can contact me at cell no 9312411481
Moreover in judicial separation the parties cant remarry. You may drop in a detailed query at [email protected]
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