My husband is very abusive

Dear Madam,
Better stay away from your husband with your children and claim maintenance for yourself and for your children. He is also suppose to pay educational expenses of your children. Also these days you are with him as such he might not have felt any lacuna in his family life.

Dear Client,
When a married couple fails to make a decision to dissolve their matrimonial relationship either through mutual consent or contested divorce, they can consider for judicial separation which is a viable option in the given scenario. Under the Hindu Marriage Act, 1955, judicial separation is governed by Section 10 of the Act, If the court is satisfied with the grounds presented, it can pass a decree for judicial separation. Once such a decree is issued, it relieves the parties from their matrimonial duties and obligations, except for the duty to cohabit. Judicial separation in India allows married couples to live apart while remaining legally married, providing them a chance to resolve their issues or move toward divorce. The grounds for judicial separation are 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) of Section 13 of the Act. Once a decree for judicial separation is passed, the petitioner is no longer obligated to cohabit with the respondent. The marriage remains legally intact, but the parties are permitted to live separately. The burden of proving the grounds for judicial separation lies with the petitioner. Divorce is the legal termination of a marriage. Application for divorce under Section 13 of HMA 1955 can be filed only after at least 1 year of marriage. Application for judicial separation can be filed under Section 10 of HMA 1955 at any time after marriage. The decree of judicial separation can be rescinded through application by either party if the court is satisfied. The decree of divorce cannot be rescinded but can be appealed against. After divorce, parties can legally enter into new marriages. But, during judicial separation, entering into a new marriage would be considered bigamy. Thus, in judicial separation, you still remain legally married to your spouse and are entitled to share all the social securities and financial liabilities. In a divorce, your marriage itself is put to an end and you are not legally bound as a married couple anymore. However, the rights of separated spouses to inherit do not change as a result of judicial separation in India. The judicial separation has no bearing on their inherited rights and the rights to inheritance between the former spouses only end with a decree of divorce. If required, consult with an expert divorce lawyer to navigate the issue in the right way.