Legal Question in Family Law in India
judicial seperation and divorce
I am hindu girl got married under hindu marriage act.Due to torture by my husband i am staying seperately from him.But at this point of time i don't want to give him divorce.
Can i ask for judicial seperation from my husband?
Does judicial seperation finally leads to divorce or this two are seperate issue and has nothing to do with each other?
3 Answers from Attorneys
Re: judicial seperation and divorce
Judicial Seperation will lead to divorce unless there is a compromise between you and your Husband.
I would advise you to take the matter seriously and proceed cautiously as taking recourse to legal action could make matters worse. I feel that if you have been treated in a manner as you suggest, it may be better for you to get a divorce. But not without attempting to reconcile with your Husband and In-laws.
Re: judicial seperation and divorce
HELLO
GOOD AFTERNOON!
I would advise you to drop the idea of judicial sepration as this decision will give one way to divorce.
You may better get divorced after trying for an amicable settlement.
Dont make your legal remedy expensive and time consuming.
In case of need please contact personally alongwith the documents.
OR
IN CASE OF FURTHER QUERY PLEASE MAIL ME.
Re: judicial seperation and divorce
These are NOT two separate issues. A decree of judicial separation may become a valid ground for divorce.
If you do not want divorce, you do not need to initiate any legal step at this stage. It is possible that good sense may prevail upon him and he may seek forgiveness.
However, you may consider initiating criminal proceedings against him for the 'torture' which amounts to 'cruelty' under Indian Penal Code and 'domestic violence' unde the D.V.A.