Living in same house after separation
1 year ago
I want to separate from my husband. Its mutual. But can't live separately due to my kid. Can't traumatize him for this, he is just 6 years old.
Is there any provision where we can live in same house but separated legally.
A.Dear Madam,
Under Section 10 of Hindu Marriage Act you can reside separately under the same roof which is called judicial separation. The relevant details are as follows:
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10 Judicial separation .— 10 [
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be 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.
Under Section 10 of Hindu Marriage Act you can reside separately under the same roof which is called judicial separation. The relevant details are as follows:
==========================================================================
10 Judicial separation .— 10 [
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be 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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