Legal Question in Family Law in India

legal seperation iind question
I asked earlier. Am a hindu kerala brahmin staying at kerala,india and married under hindu marriage act. My wife is living seperately with my kids for a period of two months. Her relatives want a permanent seperation. Every compromise talks failed. She is in a confused stage and forced to obey her brother. Now she starts to reply for my emails. To make things alwright I am ready to sign for a legal seperation which also provides visitationrights. Will court allow my intial request.

Asked on 8/17/08, 6:27 am

3 Answers from Attorneys

Seema Bhartiya

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Re: legal seperation iind question

I had carefully gone into the facts narrated by you in your reference.

As you say that you are a Kerala Hindu brahmin and you got married under Hindu Marriage Act. Your wife as you say is under pressure of her brother to seek separation / divorce .In case she files a petition seeking separation you can file an application under the provision of Hindu Marriage Act praying for custody, education and maintenance of minor children . Court can consider and decide your application on merits consistently with the wishes of children. You can also also file an petition under The Hindu Minority and Guardianship Act 1956 for permanent relief. In case of separation, Court can give visitation rights to you.

Answered on 8/17/08, 7:17 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: legal seperation iind question

We cannot answer or anticipate what court will allow or disallow. We can only tell you about your rights or give you opinion on a legal issue.

If your wife is not willing to live with you for whatever reasons, you are entitled to file a petition for judicial separation and also apply for visitation rights to meet your child.

Answered on 8/17/08, 8:38 am

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