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Can husband apply for Legal Separation after proving that he has been living separately from his wife for 6 months ??? Can husband apply for Legal Separation after proving that he has been living separately from his wife for 6 months ???

3 years ago

My friend's father has been living separately from him and his mother (after taking transfer to some far away rural place) from the past 5 months. This is the 6th month. Now, he is planning to get written Address-Proof from the Relevant Elected-Head of that Rural-area, that he has been living there from 6 months alone...

... Using that document as a proof, can he apply to court after 1 month (i.e. after a 6 month period), for Legal_separation from his wife on that basis??? ... If yes, then, under which section(s) can he do that???


--- pls answer quickly.

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.why you want to know under which section he can file if you are on other side ?
How Elected-Head of that Rural-area can give written proof that he is living alone.
the wife can come for few hours to meet and that enough to reject the case.
also legal separation will not give him divorce.
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Pardeep Kumar Dhiman Dhiman

Responded 3 years ago

A.यदि आप अपने आप को sepration चचाहते है।तब आप हिन्दु विवाह अधि की धारा 10 के अन्तर्गत केस दर्ज करे।
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Anik

Responded 3 years ago

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A.Section 10 of Hindu Marriage Act,1955 provide the opportunity to the spouses to legally separate by suspension of the marriage. The husband living apart for 6 months can legally separate from his wife by filing an application in the competent court. He will have to provide a legally valid ground for demanding relief. The court will consider the circumstances and if it is acceptable then an order suspending the marriage will be passed and the couple will be judicially separated and are no longer bound to cohabit.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.The husband in this case can legally separate from his wife by filing an application under Section 10 of the Hindu Marriage Act,1955. They can demand this relief on basis of any one of the ground as specified in the act. If the court deems fit and accepts the ground then they will pass an order after which the parties are not bound to cohabit.

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Section 10 of the Hindu Marriage Act, 1955 provides the Judicial Separation for both the spouse, those who are married under the Hindu Marriage Act, 1955. They can claim the relief of Judicial Separation by filing a petition. Once the order is passed, they are not bound to have cohabitation.
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