Find the Best Divorce Case Lawyers for Judicial Separation in Chennai India. Choose the Family Court practicing in the Chennai Rajendra Family Court Law Firm in Madras High Court, Chennai, Tamil Nadu, India. Consult with a Senior Divorce Case Attorneys today to resolve the Family dispute today
What is meant by Judicial Separation in India?
Separation of the judiciary is a provision under the marriage laws of India, where both husband and wife get a chance to introspect about providing opportunities for their wedding, before going on with the divorce process. Based on the Decree of Judicial Separation, both sides stayed apart for a period of time to get adequate space, independence, and time to think about continuing their wedding or not. During this phase, both parties still carry the same legal status to be husband and wife, and yet at the same time live separately as well.
Main Reasons
The following Main reasons can be given:
- Cruelty – One of a pair or both cruel to one another.
- Desertion – One of the pair is not life and has gone for seven years and above.
- Adultery – One of the pair is being cheated on by the other spouse. In the case of a husband or wife knowing that their partner was married and that everyone else is living for this application; hence the reason for the Strengthening of judicial separation.
- religious coercion – One of the pair is to force the other to change and convert / her religion. incurable diseases such as leprosy, cancer, Ebola, etc …
- Insanity or abnormality – One of the pair is not in a healthy condition.
- venereal disease or sexually – One of the pair was suffering from sexually transmitted diseases such as HIV, AIDS, Genital Herpes, Syphilis, etc …
- Rape, Sexual Harassment, persecution, Bestiality, and Sodomy.
- Renunciation by one of the spouses on the basis of religion or spirituality.
- Child marriage – One of the couples married without his / her consent before reaching the age of 18 years.
The submission of the petition
The Hindu Marriage Act 1955 provides for the separation of judicial lawful under section 10 for the two couples married under the said section. This means that they have the option to claim a request for judicial assistance by applying for the same and once the order has passed, they are not responsible to live together.
In addition, one party to a marriage, which has been hurt by the other party is entitled to file for judicial separation in the District Court under Section 10 of the Hindu Marriage Act, 1955. However, you need the following key to be fulfilled for the same :
Said marriage between husband and wife should be celebrated properly under the Hindu Marriage Act, of 1955. Respondents should be resolved within the jurisdiction of the court in which the applicant is applying. It is important for a husband and wife to have been together for a certain time period before filing the said petition.
Each application, accordingly, the Order VII Rule 1 of the Civil Procedure Code, 1973 should disclose the following details and adhere to them:
- Date and place of the wedding.
- people needed to be Hindus, with his / her affidavit.
- Name, status, address of the party’s name, DOB, and gender of children (if any).
- All the necessary details of litigation before filing the decision for judicial separation or divorce.
- For the separation of the judiciary, the evidence must prove the reasons stated above for the same thing.
The difference between Judicial Separation and Divorce
Although the procedures dealing with the defended and sustained processes for both judicial separation and divorce are similar, there are certain differences between them. Exploring them as follows:
- Judicial separation does not end a marriage while in a divorce the parties are no more husband and wife, and therefore the end of the marriage.
- While the business process for the separation of the judiciary, the court should not consider that the marriage is permanently closed or damaged while the divorce was necessary while presenting the petition.
- Both parties may file for judicial separation at any time post-wedding party while in a divorce case can only file for divorce only after the completion of one year of marriage.
- A judicial separation runs through one stage of the assessment procedure, however; divorce goes through a two-stage process of judgment.
- There are certain provisions of the Matrimonial Causes Act 1973 which apply to divorce but did not apply to judicial separation petitions spite going through a separation period of two or five years.
- Assessment of the Wills does not apply in the case of Judicial separation.
- In the event that the parties are undergoing separation time and if one partner dies, the couple that there is not going to benefit from it, and thus they can change the property.
Therefore, the Judicial Separation is the process in which the Court provides the final turn to couples seeking a divorce to try to resolve their differences with separate living, before starting the divorce process.
This gives time for introspection and resolves marital disputes and misunderstandings between couples.
What are the Divorce Case Lawyers’ Fees?
The Cost, Legal Fees, or Charges of Divorce Case Lawyers for the Judicial Separation is on the Basis of Work hours and effort of the Legal Team. Here the Fees for the Experienced Advocate may vary according to our Seniors which are not the same for all Attorneys.
The High Court and Supreme Court Attorneys for the Judicial Separation normally charge more since they are highly qualified experts. Firstly Get a Basic Free Legal Consultation of 5 to 10 minutes. Then thereafter the Law firm can decide the other Consultation and Litigation fees.
Other legal info
- Divorce Cases
- Judicial Activism
- Live-in pair has the Right to protection
- Divorce Lawyer: How to find the Best Advocate Near Me?
- How India Is Changing The Way You Think About Law?
Contact Top Advocates for Divorce Cases for Judicial Separation
Call/WhatsApp/IMO: +91-9994287060 to make an appointment with a suitable Divorce Lawyer for a Legal Consultation. Then, you can come to conclusion on engaging an Advocate for Judicial Separation.
