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No, separation is not legally recognized
- No, separation is not legally recognized in India. There are legal processes like emancipation for minors and independent living for adults that lead to factual separation, but these don't constitute a formal legal separation status like in marriage.
vakilsearch.com/blog/legally-separate-from-parents-in-india/How To Get Legal separation from Parents In India - Vakil Search
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What is judicial separation?
What is legal separation in India?
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What is judicial separation in Hindu law?
Apr 7, 2024 · The legal process for separation and divorce in India is governed by various personal laws, such as the Hindu Marriage Act, the Dissolution of Muslim Marriage Act, 1939, and the Special Marriage Act, depending on the religious affiliation of the couple.
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- Rachit Garg
- Adultery. Adultery implies the consensual and mutual involvement of a married person with another individual of the different sex who is married or single.
- Cruelty. Both mental and physical cruelties are part of the cruelty concept. Physical cruelty implies that one partner hurts the other partner or induces some bodily harm.
- Desertion. In sub-section (1) of Section 13, Hindu Marriage Act, 1955, Parliament has explained desertion: “The expression ‘desertion’ means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to marriage, and its grammatical variations and cognate expressions shall be construed accordingly”.
- Conversion. Section 13(1)(ii) talks about conversion. If without any of the permission of the other partner, one of the partners changes his religion to some other religion, the other spouse may apply to the court and request divorce or Judicial Separation remedy.
Oct 12, 2023 · Judicial Separation under Hindu Law refers to a legal remedy available to a married couple governed by Hindu personal laws who wish to live separately without terminating their marriage. Unlike divorce, which dissolves the marital bond, judicial separation allows the couple to live apart while still maintaining their marital status.
Jul 31, 2024 · Legal separation, often known as Judicial separation in India, is a court order allowing a married couple to live separately without ending their marriage. During this time, they are not obligated to live together or fulfil marital responsibilities.
Apr 8, 2024 · Legal separation in India , often referred to as judicial separation, is a legal process that allows married couples to formalise their separation without dissolving the marriage entirely.
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Mar 27, 2024 · Here is a list of what you need to know about the various grounds and documents you need to obtain a legal separation. What Is a Legal Separation? What Is a Contested Divorce? Divorce Laws in India; What to Remember While Filing for legal separation in India; When Can Someone File a Divorce? Primary Documents Required for legal separation in India
May 3, 2024 · Judicial Separation in India, also known as a decree of separation or an order for judicial separation, is a legal document signed by a judge in India that declares the spouses to be separate and living apart. separation can be granted on the grounds of incompatibility, adultery, or cruelty.
