Judicial Separation

Question: Judicial separation? can judicial separation(India) based on cruelty for 3 years can be broken before the completion of the period , by any one single party?

Answer: of course.

Question: How to get divorce after judicial separation is granted? I had been granted for Judicial separation in July2007. Almost 1year & 9months had passed. How can I proceed for getting divorce now. Is there any provision according to Indian Law that I get the Divorce by Default, as it has been long time after getting the Separation Orders?

Answer: If there has not been resumption of conjugal relationship within one year of the passing of the decree of judicial separation, you can apply for divorce on this ground itself. There is no way that you straight away get divorce by default on this ground as the decree of divorce can only be passed by court being fully satisfied that the ground for divorce has been fulfilled by the parties to the marriage. As far divorce by default or ex-parte divorce is concerned, that is possible only if a proper notice for the divorce proceedings in the court has been served on the respondent & he fails to defend the same.

Question: What is a judicial separation and what has it got to do with government surplus?

Answer: Judicial separations are just another way of saying legal separations, it has nothing to do with government surplus.

Question: Where is the separation of executive, judicial and legislative powers in the Philippines? If the presidential power of executive branch to appoint permanent positions in government is banned during election period as specified in the constitution, this prohibition covers the power of the executive branch, the president as its head is not exempted. The separation of these branch of governments starts from congress validating the votes of the winning Presidential candidate, the President-elect upon assuming the office of the president resume the power of the executive to appoint permanent positions (including that in the judiciary). The constitution is clear (for safeguards) for having 90 days period (covering the election ban period) for the new President to fill the vacancy in the judicial branch of government.

Answer: The US constitution is pretty much like the Phillipine Constitution.

Question: Last August my wife applied for Judicial Separation on the grounds of my adultery. I do not contest the claim? but went to see a solicitor in September when he told me it was a straightforward case and would be over and done with in 3-4 months. I am still waiting to be taken to court. Is this an acceptable time span especially as I am not denying anything?

Answer: It does seem rather long and drawn out and I would suggest that you contact your solicitor as he may have put it on the back burner. Just gently remind him you are still there and have heard nothing from either him or the courts. Why some solictors can get results sooner than others I would suspect is all down to money!

Question: Where can I find details of judicial separation made by The HIGH Court of Justice?

Answer: Her Majesty's High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the Senior Courts of England and Wales). It deals at first instance with all the most high value and high importance cases, and also has a supervisory jurisdiction over all subordinate courts and tribunals. Appeal from the High Court in civil matters lies to the Court of Appeal and thence to the House of Lords, except when the High Court is sitting as a Prize Court when appeal lies to the Judicial Committee of the Privy Council. The High Court is based at the Royal Courts of Justice on The Strand, in central London. However, it also sits as 'District Registries' all across England and Wales and virtually all proceedings in the High Court may be issued and heard at a district registry. It is headed by the Lord Chief Justice of England and Wales. By convention, all of its male judges are made Knights Bachelor, while all of its female ones are made Dames Commander of the British Empire. The High Court is split into three main divisions: the Queen's Bench Division, the Chancery Division and the Family Division. The Supreme Court Costs Office is the part of the High Court that deals with legal costs and falls outside these divisions.

Question: difference between divorce and judicial separation? whether a decree of divorce can be passed before passing the order of judicial separation

Answer: one is like death and other is like remaining in coma divorce is the permanent separation like death while judicial separation is the a order from court to live separately without getting divorce in this case the person cannot remarry it is like not death but being remaining in coma

Question: where can i get to see a sample affidavit to file a plea for judicial separation under the hindu marriage act?

Answer: Under Hindu Marriage Act,1955 you can see the performa,s given thereunder but u cannot make it of your own. Judicial seperation means the order of the court which if pronounced can make u seperate judicially. But why seek judicial seperation ,for this file a case in competent Family Court having Jurisdiction.

Question: legal documents about judicial separation? judicial separation

Answer: This link may give you what you are looking for.~ # Flipkart.com: Family Law on Divorce and Judicial Separation ... Buy Family Law on Divorce and Judicial Separation in India. FREE Shipping. Rs.540, Save 10%. Family Law on Divorce and Judicial Separation by naseem akhtar. ... http://www.flipkart.com/ family-law-divorce-judicial-separation/.… - Cached

Question: judicial separation in india and child custordy? we live in india and have been married for 12 years and now we have been living apart for 8 months ,it had all boiled down to me telling her parents to stop interfering in our lifes and them seeing a lawyer post that and convining my wife to file a case of domestic violence to get custordy of our 10 year old child,they didnt get to do that because my son decided to live with me and after that my wife was threatening to file for divorce on grounds of mental cruelty post that she compleately stopped taking my calls or meeting me,she claims she still wants to file for custordy , what are the pros and cons of filing for a judicial separation,can she file for alimony even though shes working now and i pay all my kids bills and she was the one who moved out , what can she do legally if i file for a judicial separation ,basically what can i expect in retaliation, i was told that they would be advised to file a false dowry or domestic violence case ,if i do anything like file for a conjugal rights and now after thinking about all my options i need to consider what needs to be done about all of this because i need all of this to come to some conclusion, my 10 year old doesnt want to live his mother and wants to stay with me but the way things are , we are living in limbo regarding our future as my wife and inlaws refuse to talk to find any form of solution

Answer: Although in my last post I had advised you both to go in for a sort of compromise & dissolve this irrevertably broken marriage through divorce by mutual consent. Now what I can see that your wife & in-laws are not ready for any sort of settlement with regard to this marriage, rather they are consulting Advocates/Lawyers who misguide them for all sort of non existing matters to be brought in the form of criminal complaints/cases such as domestic voilence,dowry cruelty etc. I fail to understand why the most educated & modern people in today's Indian society behave as illitrate, backward, 15th century people. The fact if both the parties i.e. husband & wife are unable to continue their marital life together, let them dissolve it amicably after settling matters such as custody of child & alimony/permanent maintenance amongst themselves. In your case you are happy to keep the child with you & as a father you being the natural guardian of this child are legally entitled to do so. In case your wife want to have the custody of this child she should have some reasons for this, although her right to visit & keep the child on regular interval is a thing that neither you nor any court will not allow her. If she wants to have the custody of the child on permanent basis she has to prove to the satisfaction to the family court that the Welfare of this child is best with her & not you as the father & for proving this she should have concrete evidence against you & even the personal opinion of this child to say so in the court that he is not interested to stay with you but with her, the mother. Considering all these they won't insist for the permanent custody of the child as their Advocate/Lawyer too must have advised them against this preposition, rather they will use this as a plea to make you agree for large sum of money as alimony/permanent maintenance in other words a blackmailing tactics on their part to extract maximum money from you. I call such money extraction by wife & in-laws from the husband in the name of alimony/permanent maintenance as reverse dowry. So be prepared to give this reverse dowry to her for the settlement of this matrimonial dispute, when ever it happens. At the moment just do nothing, wait for them to act, just enjoy the company of your child & prepare him to face them & the Family court judge in future during the settlement of all these issues I discussed above.

Question: Why the theory of the separation of power is important to judicial independence?

Answer: One of the best things the English ever invented was an independent judiciary. Likewise one of the best things the Americans ever invented was a separation of Church and State. I'm not qualified to talk on the issue or matter of law but am glad to say I'm living in a country, the UK, where we do not take freedom for granted and it's thanks to our ancestors that so much was done in the past to make it possible for us to have the system of government and so forth which we enjoy today. I won't say it's the best, but it's better than most and at least we get a vote and can say what we like and think what we like and dye our hair red and green if we like etc. Yes, it all starts right here in UK and has thankfully spread around the English speaking world where it has been bashed into shape and made reasonable. I'm now glued to the upcoming US election - democracy in action. All thanks to a people would would not give in and who soldiered on to achieve their goal of Freedom, Liberty and Democracy. Here are some photographs of Revolutionary War Veterans - these were taken in the early 1850s when these men were very old. Praise them for their valor. And remember them for their love of liberty. http://www.historicamericanprints.com/hi… POWER TO THE PEOPLE.

Question: How to get a Judicial Separation from my wife? Hi, I got married in 2003 and have 2 children. Since marriage, I and my wife are unable to get along well. Our views are completely different. She does not have any value or respect for me, my job and my parents.She insults me and my mother at every opportunity. She and her elder brother keep threatening us that they would file a harassment case and get my job removed. She does not respect any of my relatives and friends and insults if any of them come to my home. At one occation, I suffererd from high BPand womitings and pleaded her to take me to a hospital as no one else were at home at that time. But she never cared and did not even pay little attension. Then neibours took me to hospital. Of late, she is literally blackmailing for every minor issue that she would file a police case. I have reached a point where I cannot take it any longer and my health is getting spoilt day by day due to these worries. Please guide me how I can get judicial separation.

Answer: A legal separation is similar to a divorce...you have to speak to an attorney.

Question: "Marriage is an unbrokenable tie, though some actions like divorce, judicial separation etc. does bar it...... "Marriage is an unbrokenable tie though some actions like divorce, judicial separation etc. does bar it in the path of its life, but it is unbroken and can never be broken by the same as like "One mortgae is always a mortgage." Is it right?

Answer: In God's eyes, yes, a marriage is supposed to last until death do we part but humans don't always live up to the commitment in real life. Unfortunately, yes, a marriage can be broken and though things like judicial separation, serving our country overseas (Thanks to all you folks who but your life on the line everyday to protect & defend us) and other trials & tribulations of life might as you state, 'bar it in the path of its life' it is still a marriage. Divorce, however, is the end. The marriage is over and there is no union going forward. Many people still interact for various reasons (children) but there is no longer a marriage between the two. Sounds to me like you are grabbing at straws trying to keep together a relationship that is over? They divorced? you. Maybe it's time to focus on moving on & finding someone else and leave the past in the past?

Question: Does Kansas have a statute concerning judicial separation, and if so, what does it say?

Answer: I don't believe so. You can look it up if you want.

Question: What are the exact rights granted after a judicial seperation? If judicial separation is granted by law, can I remarry or am I allowed to be in a living in relationship. If I am in living in relationship, can the separated spouse take any legal step against me?. He is not wiling to give me divorce just because he do not want me start my life again with somebody else.

Answer: The decree of judicial separation just grant you right to live separately from your husband, he cannot seek decree of restitution of conjugal rights against you nor force you to resume the conjugal relationship with him, the however doesn't give you right to remarry till you obtain decree of divorce after one years of passing of the decree of judicial separation & no conjugal relationship resumed between you & your husband within one year. This decree of judicial separation however doesn't prevent you to resume conjugal relationship with your husband if you want to do so of your own sweet will. In case you go for live in relationship after obtaining decree of judicial separation with another person that will amount to adultery as you are still married to him & your husband can seek divorce against you on this ground of adultery, he can even take criminal action against the man who is living with you & indulging in illicit sexual relationship with you a married woman under section 497 I.P.C.

Question: i live in india and my wife and me have separated unofficially,i want to file for a judicial separation? we have been living apart for 8 months now and intially my wife was threatening to file for divorce on grounds of mental cruelty but didnt do so and now doesnt want to sort out our problems she has left our child with me and hardly takes any interest in him as he chooses to live with me but still wants to file for custordy , what are the pros and cons of filing for a judicial separation,can she file for alimony even though shes working now and i pay all my kids bills and she was the one who moved out , what can she do legally if i file for a judicial separation ,basically what can i expect in retaliation we have been married for 12 years and now been living apart for 8 months, intially my wife was threatening to file for divorce on grounds of mental cruelty but didnt do so and now doesnt want to sort out our problems or talk at all , our 10 year old child chooses to live with me but she still wants to file for custordy , what are the pros and cons of filing for a judicial separation,can she file for alimony even though shes working now and i pay all my kids bills and she was the one who moved out , what can she do legally if i file for a judicial separation ,basically what can i expect in retaliation

Answer: You may wish to re-post this question in the "India" section of Yahoo! Answers. Not sure if anyone here would be able to help you.

Question: Anyone who knows Family law. My wife and I are pensioners but have a Judicial Separation and she is taking me? to court for maintenance. I have an occupational pension and also my OAP. Can she claim from my total income or just from my occupational pension. I seem to remember reading somewhere that a persons OAP cannot be considered when a maintenance order is placed. Answers ASAP please as I am in court in 2 weeks time

Answer: Be smart and ask your attorney and not depend on the advice of the people on this board. It is too important a matter to leave it to strangers. Good Luck

Question: What is judicial separation (in India) and...? Can someone get it if the wife doesn't want it? They haven't been together for 3 years. Anyone here ever filed for one? What does it do for you? Especially if she is still living in the house with you and your parents (though you are not in same room and had no relationship at all for 3 years)? Can it help in a divorce or to protect the man from false accusations?

Answer: There is something called 'restitution of conjugal rights' which says that a person can demand the other person, wife/husband to fulfill his/her duties in their respective roles. If your wife is living in another house against your will and is not willing to consummate the marriage for frivalous reasons( if domestic violence or some criminal attitude is present, you can not get her) like not liking the guys hairstyle or some love affair or other, you can file a petition for restoration of conjugal rights. If she refuses to comply with the court order after 2 years, you can file for judicial seperation(sec12, Hindu Marriage Act) which is stopgap discretionary period the courts allow for the couple could come together after the some time. If that does not happen, you will be granted divorce u/s 13. Since both of you are living together under one roof, you can not prove in the court whether your marriage has consummated, (which means whether you are sleeping together) unless your wife confesses or you have strong evidence in the form of family members' opinion. Anyway go see an advocate if you decide to proceed further. But do not force her to have it with you on this threat of divorce as that would be rape u/s 375 of IPC, jail for 10-14 years. If she does not do it 3 years, she will never do it. Please provide some more details as I don't know who is the victim here. If you are innocent you can proceed further. If pretend to be one by concealing the crucial facts, remember that in India courts skin you alive, leave alone the social stigma and sex ratio which don't help you either in getting a girl again. Think about the best interests of your wife before you act with some revenge or recklessness. Whatever is legal may not be always just. Settle things well with your wife first , atleast try first and then approach the court.

Question: how does the president's legislative and judicial powers serve the principle of separation of powers?

Answer: The President has a veto power, the Legislature can override the veto of the President through a 2/3 vote of its members and the Judiciary can exercise judicial review of the acts of both the President and the Legislature. The above actions are examples of the separation of powers of each branch of government.

Question: What happened to separation between church and state!?!? Ok, someone want to explain to me why what ONE bible of ONE religion can say homosexuality is a sin and that has any bearing on the judicial system. separation between church and state as become a huge ******* joke and as a non christian myself i'm feel sour towards this country...that was a whole lot of question...more me ranting may i add after some of ya'lls such mind opening comments that all homophobia is is scared of something differnet that yourself....i think thats sad...and i guess majority rules whatever dumb ***** told me to leave the country i am....so you guys can have a complete collapse of your governmental system due to pompous conservative fundamentalists like yourselfs one last note. the point is there needs to be a separation between the church and state i don't care what the bible or the koran or to torah say it should have absolutely nothing to do with the laws made in the country last thing i swear. this whole marridge just to reproduce thing is bullshit. and furthermore have you seen the adoption rates? there are children all over this country who are poor and on the streets without homes, but i'm sure you conservative fundamentalist closed minded assholes would even let two people in love raise a child.

Answer: It gets ignored by those that choose to let it happen