A hindu mother left her hindu husband and children and filed case in the court for maintenance from her husband while living separately. She was granted a sum amount by the court for her monthly maintenance. Just one or two years later she again filed a case in the court for maintenance enhancement. There also she got maintenance enhancement by sum amount. Is she still called legally wedded wife of the husband? Please clarify it. She is not legally separated or judicially separated and divorced. And also let us know the difference between 1. separation 2. legal separation 3. judicial separation and 4. divorce In which of these above 4 cases she remains as legally wedded wife? Which section of which act says about separation? Please clarify it.
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Unless and until divorce has officially taken place she continues to be the legally wedded wife of her husband. A claim for maintenance does not sever the marital status.
Except in the fourth scenario, she remains the legally wedded wife in all other scenarios .
Unless and until divorce has officially taken place she continues to be the legally wedded wife of her husband
1) The provision for judicial separation is contained in section 10 of the Hindu Marriage Act, 1955. The section reads as under:
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.
Hence, judicial separation can be had on any of the following grounds:
Adultery
Cruelty
Desertion
Apostacy (Conversion of religion)
Insanity
Virulent and incurable form of leprosy
Venereal disease in a communicable form
Renunciation of world by entering any religious order
Has not been heard of as being alive for seven years
2) Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce. The reason for the presence of such a provision under Hindu Marriage Act is the anxiety of the legislature that the tensions and wear and tear of every day life and the strain of living together do not result in abrupt break – up of a marital relationship.
3)she continues to be legally wedded wife unless divorce is granted .
rightly answer by Mr sethi , divorce is only way to break the marriage
There is nothing more to add than what has been stated above. All my learned colleagues have answered to your queries and Mr.Ajay Sethi in particular has elaborately explained each and every point.
Hi,
The wife neither got a n order of judicial separation or divorce from a court is a legally wedded wife and if you ask about your status , you are legally wedded to your husband as you have not obtained nay such order of judicial separation or divorce. Your case is in the first category, separation as per your question
Your wife is legally wedded wife unless court grants divorce.
such wife who was getting maintenance from her husband when he was alive by court order, will be eligible for family pension. Even after getting the family pension is she eligible to ask for maintenanace from the children through court?
it will depend upon the facts of the case
yes she will be eligible for family pension . once children have grown up and are working no maintenance would be payable for the children .
what facts are needed? how can I furnish the facts to you?
no further facts are needed .
Wife is eligible for family pension of her deceased husband as well as maintenance for herself and her children.
No facts are needed.