Advantages/ Disadvantages of Judicial Separation
My husband has filed for Divorce on grounds of cruelty. We both have been married for 11 years and have a 3 year old child. I don't want to give him divorce. Court has ordered interim maintenance for me and child under sec 24 of HMA, which my husband has challenged in high court and the matter has been referred to Mediation center.
My husband is adamant on getting divorce and he is even offering lumpsum money for mutual consent divorce. However, I don't want to give him divorce. Mediation center advising me and my husband to settle for Judicial Separation under sec 13A of HMA. I am ready to live separate from him if he is ready to support me and my child financially.
My queries are as under:
1) Should I go for this Judicial Separation. Will it have any disadvantage for me or any advantage for husband keeping in view that I don't want to give Divorce to him.
2) My husband willing to pay Lumpsum payment for entire life, but asking me to declare that I will have no right to ask for any financial support from him in future. If I declare such thing in writing, can I ask for any financial support for any unforeseen expenses in future
3) My husband asking me to declare that there is no pending Istridhan of me with him and he is willing to cover all my claims in full and final settlement amount. Will I be able to file case of 498A/ 406A, in future if I declare anything of this sort.
4) Can I ask for place of residence in house of my inlaws under Domestic violence act. My husband is the only son of his parents. At time of separation, we both were living in that house. However now he has declared that he is living separate from his parents on rent.
5) Can I file any complaint under Domestic violence act after this Judicial Separation.
6) Can I file application to revoke order of Judicial Separation in future
7) Can I file application to court for restitution of Conjugal rights, may be one year after Judicial Separation.
8) Can my husband file for divorce based on no cohabitation for one year of Judicial Separation under sec 13(1-A) of HMA. On what grounds, will I oppose such divorce application of my husband.
9) Would my husband be required to prove grounds of cruelty in such application or one year of no cohabitation after Judicial Separation is sufficient ground for him to get divorce.
10) My husband asking for visitation rights of child in Mediation center as part of terms and conditions. He has not filed any separate case for custody of child so far. Shall I agree to such condition.
11) If he has asked for visitation rights of child himself, will it have any disadvantage for him if he files any custody case in future.
12) What can I do to bar him from filing Child custody case or at least weaken him in such case.
13) What points should I include in terms and conditions so that they go in my favour. My interest is
a) I don't want to give divorce
b) Child custody
c) I should be able to file claim of financial support in future
13) Can I or my child put any claim in property of my husband or my father in law after such Judicial Separation. There is no ancestral property and all property is self earned property of father in law.