• Legal Separation

Dear Sir,

I have separated from my husband for the past 5 years and staying at my parents place with my son.He is studying in class XI and I bear all his expenses. We had filed for mutual divorce some years back but due to our jobs we could not be at the court on time. 
Is there any specific law which puts down that a couple may be legally separated after staying away for n number of years by applying in court. I do not want to go to court and face all the past bitterness once again.
Please help me in solving this.

Thanks & regards,

Tanusree, Kolkata
Asked 3 years ago in Family Law from Kolkata, West Bengal
Religion: Hindu
If you had filed the case but could not appear in the court on the date fixed for hearing then the case must have been dismissed due to your non-appearance. In this view of the matter your right to file another case of mutual divorce may now be foreclosed. You should consult your case personally with a lawyer and tell him all the details so that he may dispassionately ascertain if divorce can be applied for again and on what grounds.

There is no specific law in this regard. The only way a marriage can be brought to an end is through the process of court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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what is there like bitterness. u have to appear before court two times & say we want divorce. once u are legally married needs to get seperated legally. there is also no need to get divorce until unless u plan to remarry
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
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if you and your husband had filed for divorce by mutual consent and you did not appear in court then petition would have been dismissed . if you dont want to go through court process again and dont want to marry again forget it . you can stay separate from your husband even without divorce . you can file for judicial separation if you so desire . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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