Judicial separation is not a permanent remedy. It's just a process. The stage will be always hanging. If you don't divorce her she might file the same
Me and my spouse had agreed for mutual divorce for a permanent alimony of Rs 100000. I had already paid Rs 150000 as maintenance. But now I dont want to give her divorce as I had a 3.5 yrs old daughter residing with her. That is the reason I dont want to give her a divorce. Can I go for judicial separation? Is that valid for life long or valid for certain limited time period? She had already filed 2 FIRs under sections 323,506,511,341,406,498a IPC, DV, 125 crpc. I had filed a private complaint against her and her other 8 family members u/s 323,324 ipc. She got the poceedings stayed and we are fighting to get it vacated. High court ordered mediation and during that mediation she demanded only 1 lakh as permanent alimony. But I want to go for Judicial Separation. Marriage was solemnized under HMA
Judicial separation is not a permanent remedy. It's just a process. The stage will be always hanging. If you don't divorce her she might file the same
It is in your interest to agree for divorce by mutual consent as she is demanding only rs 1 lakh as alimony
2) if wife is agreeable go in for judicial separation
3) it is better you settle the cases filed against each other
4) in consent terms for divorce you can have clause for joint custody of your daughter
1. if you do not want to give divorce then you have got every right to refuse to her proposal for mutual divorce.
2. However to refuse divorce you need to go for judicial separation.
3. Without decree of divorce or filing a divorce proceeding the respective spouses can stay separately at will and for this no litigation for judicial separation decree is required.
4. Since the demand is only one lakh an there is likelihood for increase of this amount , it is wise if you agree for mutual divorce.
Dear
You should not go for judicial separation.
If she is agreeing for mutual divorce then go for it and file a case for visitation rights of your daughter or make a clause regarding visitation rights in Mutual consent divorce petition.
Dear Sir,
Judicial separation is always treated to be as an alternative to divorce. The basic difference between Judicial Separation and divorce is that divorce brings the marriage to an end whereas judicial separation does not.
The following information may kindly be read:
Judicial Separation law
Alternate Relief in Divorce Proceedings
Even though either party to the marriage seeks decree of divorce, the Court may pass a decree for judicial separation and not a decree of divorce, if the Court considers it just so to do having regard to circumstances of the case.
No Alternative Relief
It may be mentioned that when decree of divorce is sought on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13 instead of decree of divorce, decree for judicial separation cannot be passed. Clause (ii) provides for decree of divorce when other party has ceased to be a Hindu by conversion to another religion. Clause (vi) provides for decree of divorce when other party has renounced the world by entering 'any religious order. Clause (vii) provides for decree of divorce on the ground that the other party has not been heard of as being alive for a period of 7 years or more by those persons who would naturally have heard of him/her, had the party been alive.
What is the Effect of Decree of Judicial Separation?
Where a decree for judicial separation has been passed in your favour, it shall no longer be obligatory for you to cohabit with your spouse.
Rescinding of Decree of Judicial Separation
Where Court considers it just and reasonable and is satisfied on the application of either party i.e., either husband or wife, Court may rescind decree of judicial separation.
Yes JD can be as long both agree, but than after a year, she can take divorce on the ground of JD for a year.
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.
You can go for judicial separation case also, it is yor decision, but if she is not agreeing for it then you may have to file a contested case only.
Once the court is granted judicial separation by a decree you can remain in the same manner for anytime you would like to remain, if at all you would like to seek divorce after two years on the basis of this judicial separation, you can get divorce.