Marital issue

Dear Client,
When a married couple fails to make a decision to dissolve their toxic matrimonial relationship either through mutual consent or contested divorce, they can consider 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. After a decree of 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. The rights of separated spouses to inherit do not change as a result of judicial separation in India. Hence, it is recommended to consult with an expert divorce lawyer who can provide tailored advice to understand your rights and remedies in the given situation.

Dear Client,

If the society is imposing a high penalty for the duct area not being filled with cement on time, but you have completed the work albeit after the due date, and there was a contributing factor such as continuous water dripping from the upper floor, you should first gather evidence of the late completion and the water dripping issue (such as dated photographs, witness statements, or communication with the upper floor residents).

Next, formally write to the society management, explaining the reasons for delay, the mitigating circumstances, and requesting waiver or reduction of the penalty based on these facts and your compliance. If the society refuses to reconsider, you may approach the Consumer Forum or the Rent Control/Cooperative Society Tribunal (depending on your society type and local laws) to challenge the penalty, arguing that the unreasonable penalty and failure to consider external factors is unjust.