INTRODUCTION
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to judicial separation. In today’s blog post, we aim to shed light on the prevailing issues surrounding judicial separation, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
WHAT IS JUDICIAL SEPARATION?
Judicial separation, also known as legal separation, is a legal process that allows a married couple to live separately without officially ending their marriage. It provides a formal arrangement for issues such as child custody, division of assets, and financial responsibilities, while still recognizing the marriage as legally intact.
GROUNDS FOR JUDICIAL SEPARATION
The grounds for judicial separation can vary depending on the jurisdiction, but here are some common grounds that may be considered:
- Irretrievable breakdown of the marriage: This is often the most common ground for judicial separation. It implies that the marriage has broken down to such an extent that the spouses can no longer live together as married couples. However, the exact definition and criteria for irretrievable breakdown may vary by jurisdiction.
- Adultery: In some jurisdictions, adultery can be a ground for judicial separation. Adultery generally refers to one spouse engaging in a sexual relationship with someone other than their spouse.
- Cruelty or abuse: Physical or mental cruelty inflicted by one spouse upon the other can be considered grounds for judicial separation. This includes physical violence, emotional abuse, or any behaviour that makes it intolerable for the spouses to live together.
- Desertion: If one spouse abandons the other without a reasonable cause and without the consent of the other spouse, it may be considered grounds for judicial separation. The duration of desertion required may vary depending on the jurisdiction.
- Living apart: In some jurisdictions, simply living apart for a specified period can be a ground for judicial separation. This period of separation may vary depending on local laws.
CONCLUSION
It’s important to note that the grounds for judicial separation can differ significantly between jurisdictions and local laws should always be consulted for specific information. Additionally, the availability and requirements for judicial separation may change over time, so it’s important to seek legal advice from a qualified professional or consult the relevant laws in your jurisdiction for the most up-to-date information.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Family Law. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..
Written by: Adv. Priyanka Goel (D/945/2020) .