July 31, 2011
What Is Judicial Separation
Q#1) What Is Judicial Separation ?
Ans:=> A court order, legal binding/agreement between a husband and wife to live separately but not dissolving the marriage.
Judicial Separation is a Section 10 of Hindu Marriage Act 1955.
Q#2) What are the grounds of Judicial Separation?
Ans:=>
2.1) Desertion : husband and wife living separately(different house) continuous period of more than two years without reasonable excuse.
2.2) Cruelty : Person-A feels(fully convinced) , it's harmful or injurious to live with Person-B.
2.3) Adultery : Person had sexual intercourse with any person other than his or her spouse.
2.4) and all other grounds(venereal disease,unsound mind) of Divorce.
Q#3) Are "Judicial Separation" and "Legal Separations" one things ?
Ans:=> Yes.
Q#4) Are "Divorce" and "Legal Separations" one things ?
Ans:=> No.
Q#5) What are benefits of "Judicial Separations"?
Ans:=>
5.1) Legal proof of separation.
5.2) The most common reason for filing with the courts for a legal separation is to make interim financial arrangements for the two of them, such as deciding which one will pay which bills, possess which property, and whether one of them shall pay the other temporary financial support.
5.3) Initiating for divorce/RCR.
5.4) It has expiry date.
5.5) Possible to extend.
Q#6) What are drawbacks of "Judicial Separations"?
Ans:=>
6.1) Just another way of "special" maintenance.
6.2) Initiating for divorce/RCR.
6.3) It has expiry date. :)
6.4) Possible to extend.
Q#7) What are not a "Judicial Separation"?
Ans:=>
7.1) Divorce.
7.2) Non-legal agreement.
7.3) Permission for re-marriage.
Q#8) Is judicial separation valid only for certain months ?
Ans:=> Yes. Judicial separation is valid for the period of 1 year.
Q#9) Is it possible to extend the Judicial separation ?
Ans:=> Yes.
Q#10) What are the options after expiry of Judicial Separations?
Ans:=>
10.1) Extend it for another one year.
10.2) Apply for divorce.
10.3) Apply for RCR.
Q#11) Is it possible to make Judicial Separation a permanent agreement ?
Ans:=> Extend it every year.
Disclaim :
This is my own understanding of topic.
Use of this information for commercial purpose is strictly prohibited.
User may use this information for non-commercial purpose on his/her own risk and implications.
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