Kamal & Co. Advocates

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INTRODUCTION SEC – 10 of HINDU MARRIAGE ACT 1995 ,Judicial Separation in the context of family law refers to a legal process where a married couples remain married but lives separately . It is different from divorce because the marriage is not dissolved , but the couple is no longer required to live together. REASONS AND PROCESS FOR SEEKING JUDICIAL SEPARATION : Judicial separation can be sought for number of reasons , The petition can be filed either by the husband or the wife for cases , such as cruelty desertion, incompatibility, insanity , conversion or venereal diseases . PROCESS: The process begins with filing of petition in family court . If the court grants decree , the couple is no longer required to live together as husband and wife , but they are not free to remarry . Thia the allows the couple to work on their relationship and chances of reconciliation . However , if the couple is unable to reconcile , they may then proceed with the divorce. START OF PROCESS : Filing petition – Court notice issued to other party – Response by other party – Attempt for reconciliation ( if applicable ) – Court Hearing – Decree of judicial separation issued – END OF PROCESS LEGAL CONSEQUENCE OF JUDICIAL SEPARATION : It is important to note that a decree of judicial separation does not dissolve the marriage . therefore, the wife will still be entitled to maintenance from the husband , and the husband will still be required to provide for the maintenance and support of the children . Additionally , the wife will still be entitled to inherit from the husbands property , and the husband will still be entitled to inherit from the wifes property JUDICIAL SEPARATION V /S DIVORCE : JUDICIAL SEPARATION : Allows couples to live apart and suspend marital obligations without ending the marriage . While DIVORCE on the other hand , completely dissolves the marriage. Divorce involves permanent decisions regarding property division , custody , and maintenance . KEY POINTS: . Legal separation is a court ordered agreement in which a married couple lives separate lives ,usually by living apart . . The separation court order may specify financial obligation , child custody and visitation agreements , and child support . . A legal separation is preferred over divorce for some people because of religious belief, financial reasons and for the benefits of minor children . Separate spouse may be entitled to certain benefits despite being legally separated .