Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: What is Judicial Separation ??  (Read 617 times)

0 Members and 1 Guest are viewing this topic.

Offline eedarass

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
What is Judicial Separation ??
« on: March 30, 2016, 06:31:13 AM »
Hi Respected Sir's,

I Applied for Divorce on the ground of Cruelty and Desertion in Andhra Pradesh but judge granted Judicial Separation.

Brief Facts in my case are, my wife harassing me and my family members by filing two separate false criminal cases (IPC-306 & IPC 498A),  and staying away for morethan 6 years.

After the trail in my Divorce case in sessions court, Judge has dismissed my Divorce petition and Granted Judicial Separation. Judge Said in the judjment that eventhough there is desertion for 6 years, cruelty not proven since IPC 306 and IPC 498A are still in trail stage, so decession cannot take at this stage.

Questions:

1. What is Judicial separation

2. Now IPC 306 has been disposed and we are acquitted, IPC 498A is still under trail. So can i go for appeal for seeking divorce? (or) do i have to wait till IPC498A dispose??

3. If we are not cohabit after one year, will i get eligibility for getting divorce?

4. Do i have to appeal in the same session court? or High court?

5. If in the same session court do i have to go again all the trail procedure again?

Please suggest me what is the best way to get the Divorce for me...

Thanks
eedarass

 

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: What is Judicial Separation ??
« Reply #1 on: March 30, 2016, 08:31:19 AM »
I think you have been misguided. You should have preferred appeal within one month from the date of dismissing your case.

1. What is Judicial separation
Judicial Separation means it is an order passed by judge where both husband and wife are directed to stay separately. During this period neither of parties can stay together under one roof and to be specifically there should not be any cohabitation.

2. Now IPC 306 has been disposed and we are acquitted, IPC 498A is still under trail. So can i go for appeal for seeking divorce? (or) do i have to wait till IPC498A dispose??
You have to wait

3. If we are not cohabit after one year, will i get eligibility for getting divorce?
NO

4. Do i have to appeal in the same session court? or High court?
High Court

5. If in the same session court do i have to go again all the trail procedure again?
No
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline eedarass

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: What is Judicial Separation ??
« Reply #2 on: April 01, 2016, 01:04:35 AM »
Hi Amaranath Sir,
Thanks for your reply.

Could you please suggest me at present condition, what is the best procedure to get divorce..
judicial separation orders passed 4 months ago.. shall I go for appeal in high court  now?
or any other procedures.? please suggest..

Regards
Eedarass

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: What is Judicial Separation ??
« Reply #3 on: April 02, 2016, 09:29:13 AM »
To know the procedure, you have to go for online consultation in details. You can contact me over email
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 510
  • Karma: +14/-11
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: What is Judicial Separation ??
« Reply #4 on: April 28, 2016, 03:26:39 AM »
Dear Sir,

for getting the divorce, you have to file an appeal against the order granting judicial separation to you rather than divorce.

Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India