you can take legal separation but after one year you need to file divorce, legal separation is only to determine the period of legal separation before fling divorce it is not permanent. You can do so but your status will always be hanging and you will not be able to marry.

Yes you can opt for judicial separation. Come to my office for exhaustive consultation regarding the same..[deleted] (nine eight two zero eight nine seven eight eight four)

Dear Client

Judicial separation can be had on any of the following grounds:

1. Adultery
2. Cruelty
3. Desertion
4. Apostacy (Conversion of religion)
5. Insanity
6. Virulent and incurable form of leprosy
7. Venereal disease in a communicable form
8. Renunciation of world by entering any religious order
9. Has not been heard of as being alive for seven years.

You can apply for judicial separation by filing a petition in the family court, as provided under section 10 HMA.

It doesn't terminate the marriage and status remained same as husband and wife.

You can stay separately without divorce under Section 10 of the Act file a petition for judicial separation. After a decree is passed in favor of the parties, they are not bound to cohabit with each other. Some matrimonial rights and obligation, however, continue to subsist. They cannot remarry during the period of separation. They are at liberty to live separately from each other.

You can file petition for judicial separation in family court 

2) 

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 

Hi, 

The case of judicial separation is filed under section 10 of Hindu Marriage Act and rest of the proceedings are same as of restitution of conjugal right or the divorce. The case is filed in family court of your area and you may think of this case. 

You you can file for judicial separation in court under hindu marriage act, the judicial separation is on similar ground as divorce you can file same on ground of cruelty before the family court.

Hi, If you want Judicial Separation you  can file before the Family court for Judicial Separation and one thing you must remember that for Judicial Separation you need to prove the cruelty then only court will grant decree for judicial Separation.

Respected sir... 

That will be best as you just want to make a proper care for your child in a legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce....

Thank you

1. Legal separation is possible, which is called judicial separation.

2. Judicial separation is not divorce, but the husband and wife live separately, without cohabitation.

3.  Court orders the couple to live separately so that they get sufficient time to introspect, whether to continue marital life or to go for divorce.

1. Yes, on the ground of metal cruelty you can ask for decree for Judicial Separation which would keep your respective marital status intact.

2. In other words the rights and obligations of the parties remains the same . Only the parties are not expected to live with each other.

3. Without this proceeding also you can start residing separtely which is no crime.

Dear Sir,

- Either party to the marriage, whether solemnized before or after commencement of the Hindu Marriage Act, 1955 can under Section 10 of the Act file a petition for judicial separation.

- Judicial Separation only suspends the obligations and duties leaving the room for reconciliation and if they fail to reconcile for one year, either of them may seek divorce on this ground.

- Section 376B of the Indian Penal Code provides that sexual intercourse by a man with his own wife without her consent during judicial separation is an offence punishable with imprisonment up to 2 years and fine also.

- In case of judicial separation the court orders for the prohibition on cohabiting together, but does not end the obligations of marriage. Both husband and wife still remain in the same ties of marriage obligations. In case of divorce the parties are allowed to get remarried, but in case of Judicial Separation it is illegal to get remarried.

Regards

Vivek Arya

If you do not want divorce then you may file a petition for judicial separation in which the court directs the spouses to live separately for a year. However, judicial separation is nothing more than a paper tiger.

A suit for judicial separation will have to be filed in the court.

Get in touch with a lawyer he will draft the petition and file the case for you. 

Let me know if I can be of some help to you. 

Regards 

Dear client yes u can go for.. judicial separation.. with out divorce.. 

U needs to file judicial separation in family court.. on the ground of cruelty and mental harrassment by wife.. 

Dear Sir,

You may go for judicial separation which is also called as legal separation in rural language as per following procedure on trial and error basis to save your marriage.

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Dear Madam,

You will get judicial separation. The procedure is as follows. The alimony formala is given at the end.

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Special Marriage Act, 1954

1. Judicial separation

(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,-

(a) on any of the grounds specified 17[in sub-section (1) 18[and sub-section (1A) of section 27] on which a petition for divorce might have been presented; or

(b) on the ground of failure to comply with a decree for restitution of conjugal rights;

and the court, on being satisfied of he truth of the statement made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.

(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

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Judicial Separation and Divorce in India as per Hindu Marriage Act

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. There is no effect of a decree for judicial separation on the subsistence and continuance of the legal relationship of marriage as such between the parties. The effect however is on their co-habitation. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her spouse .

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

If the person applying for judicial separation is the wife, then the following grounds are also available to her:

Remarriage or earlier marriage of the husband but solemnised before the commencement of Hindu Marriage Act, 1955, provided the other wife is alive at the time of presentation of petition for judicial separation by the petitioner wife.

Rape, sodomy or bestiality by the husband committed after the solemnization of his marriage with the petitioner.

Non-resumption of co-habitation between the parties till at least one year after an award of maintenance was made by any court against the husband and in favour of the petitioner wife.

Solemnization of the petitioner wife’s marriage with the respondent husband before she had attained the age of 15 years provided she had repudiated the marriage on attaining the age of 15 years but before attaining the age of 18 years.

It is on all the above grounds that judicial separation can be sought. The first 9 grounds are available to both the husband and the wife but the last four grounds are available only to the wife. It is to be noted that it is on these grounds that divorce is also to be granted. It has been held that unless a case for divorce is made out, the question of granting judicial separation does not arise. Therefore, the Courts while dealing with the applications for judicial separation shall bear in mind the specific grounds raised for grant of relief claimed and insist on strict proof to establish those grounds and shall not grant some relief or the other as a matter of course. Thus on a petition for divorce, the Court has discretion in respect of the grounds for divorce other than those mentioned in section 13 (1A) and also some other grounds to grant restricted relief of judicial separation instead of divorce straightway

if it is just having regard to the facts and circumstances.

Another question that arises is of decree of maintenance vis-à-vis decree for judicial separation. Where a decree for judicial separation was obtained by the husband against her wife who had deserted him, the wife not being of unchaste character nor her conduct being flagrantly vicious, the order of alimony made in favour of the wife was not interfered with by the Court.

ILR (1964) 2 Punj 732.

 The Punjab and Haryana High Court has also held that a reading of sec 24 and 26 (maintenance) does not show that if a petition under section 9, 10 12 or 13 is disposed of, the jurisdiction of the court to award maintenance pendent lite by an order to be passed is taken away.

AIR 1981 Punj 305 ; 1981 Hindu LR 345

The above decisions go on to show that even where a decree for judicial separation is passed in favour of the husband, maintenance may still be awarded to a wife and judicial separation is no defence to a claim for maintenance under Hindu Marriage Act.

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.

It is to be noted, however, that if the parties do agree to resume co-habitation any time after the passing of the decree for judicial separation, they can get the decree rescinded by applying to the court. The Act does not refer to any specific grounds on which a decree for judicial separation can be annulled or rescinded. Section 10(2) however, empowers the Court to rescind the decree for judicial separation if it considers it just and reasonable to do so. However Courts have repeatedly warned that this power of rescission has to be exercised with great circumspection and not in a hurry and only after satisfying themselves that it would be just and reasonable to allow such rescission.

Dear Sir,

You can get a legal separation by filing a request in family court. Being legally separated is a different legal status from being divorced or married—you're no longer married, but you're not divorced either, and you can't remarry.

Since you don't want to go for dissolution of your marriage you can file a petition for judicial separation under section 10  of HMA.

By this you can live separately legally hence you may discuss with a local lawyer and follow up properly by filing a petition.