I filed for divorce from 2010, on 31st Dec, 2016 Vizag family court awarded legal separation and dismissed my wife's restitution petition. During this one year neither me nor my wife made any efforts to reconcile. I want to apply for divorce decree next year. I want to know the procedure involved- will it go through counters, evidences, and arguments again that will take years of time? Or there is a way to ensure that I get relief in a stipulated time (e.g., a year)?
If you convince your wife to file a mutual consent divorce then that will be convenient for both of you. Also, if the divorce (contested) is filed then it will go thorugh all the stages of WS, Evidence etc.
This will obviously take time and no stipulated time can be granted for the same.
Regards
File a divorce petition saying that nothing has come out of the time spent in judicial separation to rethink in the matter of re-uniting and that there's no solution except divorce.
If the divorce is filed with mutual consent of the wife, it won't go through the regular procedure and thus not require exchange of pleadings or arguments.
1) if once a decree of Judicial separation has been passed and cohabitation
between parties has not been resumed, then either party to marriage can apply under Section 13(1A)(i) of of the HMA for decree of divorce
2) court would consider evidence on record then pass order for divorce
3) both parties will advance arguments and then court would pass orders on your divorce petition
4) you would not get divorce within one year
legal separation does not mean to make your divorce early or with in stipulated time.
The grounds and evidences you provide with the case, would decide the time.
talk to your lawyer.
Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.
A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought.
Though section 10 of the Hindu Marriage Act does not provide any time as to how long judicial separation can last. But section 13 of the Act provides that if there is no resumption of co-habitation between the parties one year after the decree for judicial separation is passed, the parties can get a decree for divorce on this ground itself. But divorce on this ground will be given only when one year has expired after the passing of the decree for judicial separation and not earlier. The reason for this is that one year is a long period and it provides sufficient time to the parties for reconciliation or to arrive at a decision. If the parties fail to overcome their differences within this period, then there is no fun in allowing the legality of the marriage to just linger on when in substance the relationship of marriage has long expired.
Therefore there wont be a need to undergo the same arduous procedures that are meant for original divorce proceedings subsequent to the grant of decree under this judicial separation case.
