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Our expert Separation lawyers in Mumbai, Thane and Panvel have in-depth knowledge and experience of handling judicial separation cases.
Our expert family court lawyers can safeguard your rights and level of interest for services like filing for legal separation, filing for separation, filing for marriage separation, filing for amicable separation, filing for judicial separation, filing for divorce by mutual consent, apply for decree of judicial separation, etc.
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The correct legal terminology is Judicial Separation !!
Many people end up calling judicial separation as couple separation, legal separation, marriage separation, amicable separation, common law separation, marital separation, mutual separation, temporary separation, etc.
What is the meaning of judicial separation in India?
Define judicial separation: Judicial Separation definition can be derived from various Indian marriage laws enacted by the Parliament. Indian marriage laws provides provision for Judicial Separation in which wherein both the spouses get an equal chance to believe in and save their marriage, before filing for the divorce proceedings. Once a decree of judicial separation is granted by Bandra Family Court or Thane family court or Panvel District Court both the husband and wife can live separately for a period of time till they get enough freedom, space and time to decide about fate their marriage. During separation phase, both the parties carry the same legal status of being husband and wife and yet at the same time have no obligation to co-habit with each other.
For more information kindly on filing petition for judicial separation please call best separation lawyer in Mumbai at +91- 8291142435 or click here to contact us.
What are grounds for judicial separation in India?
The grounds for judicial separation or grounds for couple separation legally vary accordingly to various Indian Marriage laws enacted by the Parliament. To obtain decree of judicial separation from Bandra Family Court or Thane family court or Panvel District Court either of the below mentioned judicial separation grounds must exist:
1. Judicial separation on the ground of adultery.
2. Judicial separation on the ground of cruelty.
3. Judicial separation on the ground of desertion for minimum period of 2 years.
4. Judicial separation on grounds of impotency / non consummation of marriage.
5. Judicial separation on grounds of conversion to another religion.
6. Judicial separation on ground of mental disorder or incurably unsound mind.
7. Judicial separation on ground of venereal disease or sexually transmitted diseases.
8. Judicial separation on grounds of renouncing the world by entering any religious order.
9. Judicial separation on ground of civil death – Not heard alive for more than 7 years.
10. Judicial Separation on grounds that Husband is guilty of Rape, Bestiality and Sodomy.
11. Judicial Separation on grounds of Child Marriage- girl was married before she attained age of 18 years.
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Difference between Judicial Separation and Divorce
Even though the grounds for judicial separation and divorce proceedings are similar and trial take same amount of time, yet there exists certain major judicial separation and divorce differences:
• Judicial Separation does not dissolve the marriage whereas in divorce the marriage gets dissolved and the parties are no more husband and wife.
• No time limit is prescribed for filing judicial separation after marriage whereas in case of divorce papers can be filed only after completion of one year of marriage.
• In case of judicial separation if either of the spouses dies without Will then the property would devolve to surviving spouse as per Indian laws of succession where as in divorce since marriage is dissolved succession laws are not applicable to surviving divorced spouse.
• Judicial separation is a temporary separation before divorce proceeding can be initiated to permanently dissolve the marriage by decree of divorce. In judicial separation after sorting out their difference the husband and wife can start cohabiting together while in case of divorce the marriage is permanently dissolved and the legal relationship of husband and wife ends.
• Difference between judicial separation and divorce Hindu marriage act, 1955 provides section 10 and section 13 for applying for Judicial separation and divorce respectively.
• Divorce after judicial separation can be taken by either of the spouses after one year from date of passing decree of judicial separation if husband and wife do not resume cohabitation together, whereas divorce is permanent severance of marital relationship.
What is difference between separation and judicial separation?
In Judicial separation court passes a decree of judicial separation. Separation happens when couple temporarily does not cohabit together under one roof because of different work places or for whatsoever reason or by mutual separation agreement or marriage separation agreement or amicable separation but without any intention of putting end to the marriage. When act of separation is done with intension to end the marriage then it is called desertion.
Can a spouse take divorce after judicial separation?
Answer is yes. After passing of decree of judicial separation, if there is not resumption of cohabitation between husband and wife within period of one year from date of decree of judicial separation, either of the spouses can file for divorce. However in case of one of the spouse is living separately for continuous period of 2 years without any sufficient cause, the other spouse can file for divorce on grounds of desertion. For example divorce after 2 years separation without consent or divorce after 10 years separation can be filed on grounds of desertion.
File for judicial separation in Mumbai, Thane and Navi Mumbai jurisdiction
Separation lawyer in Mumbaican help filing petition for judicial separation at Mumbai, Thane, Navi Mumbai and Delhi. Mumbai, Thane and Navi Mumbai fall under territorial jurisdiction of Bandra family court, Thane family court and Panvel District Court respectively.
Application for judicial separation can be filed in local limits of the Family Court or District Courts, where:
* The marriage was solemnized, or
* The respondent, at the time of the presentation of the petition for judicial separation, resides, or
* Where wife resides, or
* Last place where both parties resided together.
* The petitioner is residing at the time of the presentation of the petition for annulment of marriage, in a case where the respondent is, at that time, residing beyond the territories to which this Act extends.
On meeting either of the above mentioned conditions, separation lawyer in Mumbai can help you in filing application for judicial separation petition in the jurisdiction of Bandra Family Court or Thane family court or Panvel District Court respectively.
Bandra family court address :
Family Court, Mumbai
New Administrative Bldg.,
"B" Wing, Bandra-Kurla Complex,
Bandra (East), Mumbai - 400 051
Telephone No. 022-26591270 Bandra family court case status by case number
Thane family court address
Thane family court case status by case number
Panvel family court address
To ascertain your jurisdiction for filing petition for judicial separation kindly call separation lawyer or divorce lawyer in Mumbai at+91- 8291142435 or click here to contact us.
What are the laws governing judicial separation procedure in Mumbai, Thane and Navi Mumbai?
Judicial Separation Procedure is governed by customs and religion of spouses seeking annulment.
Judicial Separation under Hindu Law
Judicial separation under Hindu Marriage Act, 1955 can be filed by Hindus, Sikhs, Jains and Buddhists after understanding the judicial separation procedure in consultation with Separation Lawyer or Divorce Lawyer. Either of the aggrieved spouses can hire Separation Lawyer in Mumbai who can prepare legal separation papers under the provisions of Hindu Marriage Act 1955. The Hindu Marriage Act section 10 provides for the provisions for judicial separation. On filing legal separation paperwork the respective Family Court can declare grant decree of judicial separation on the specific grounds as emphasised under section 10 of Hindu Marriage Act, 1955.
Judicial Separation under Muslim law
In case of Muslims there are no provisions for judicial separation.
Judicial Separation under Christian law
Christian can seek filing of judicial separation at Bandra Family Court, Thane Family Court or Panvel District Court under section 23 of Indian Divorce Act, 1869.
Judicial Separation under Parsi Laws
Parsi community can seek filing of petition for judicial separation under section 34 Parsi Marriage Act, 1936. In Maharashtra suits for judicial separation by Parsi can only be sought from the Bombay High Court.
Judicial Separation under Special Marriage Act, 1956
Spouses belonging to different religions and castes can seek filing of petition for judicial separation under section 23 of the Special Marriage Act 1956 and can also seek alternate prayer under section 10-A for judicial separation in the divorce petition.
Our team of divorce lawyers in Mumbai can help in filing petition for judicial separation by preparing your separation paperwork. For more information on filing of judicial separation petition kindly call Separation Lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Judicial Separation proceedings at Bandra Family Court, Thane Family Court and Panvel District Court
The legal separation process at Bandra Family Court, Thane Family Court and Panvel District Court is easy, however, it is advisable to consult and engage a Separation lawyer in Mumbai for preparing drafting petition for judicial separation.
Steps to getting decree of judicial separation:
Biography: Once you have made-up your mind for filing of judicial separation petition it is necessary that you write your biography starting from the day you met your partner narrating all the dates and incidents related to marriage which could be the ground for seeking legal separation.
Engage Separation Lawyer or Divorce Lawyer: It is advisable to consult Separation Lawyer in Mumbai to know your legal rights related to alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint property, other civil or criminal cases, etc. during the legal separation process.
Draft the petition for judicial separation: On your instructions Separation Lawyer will draft your petition for judicial separation on various legal grounds which will be filed before Bandra Family Court, Thane Family Court or Panvel District Court as per the jurisdiction.
Filing of legal separation paper: On the date of filing of petition for judicial separation case the petitioner must appear before the Family Court Registrar in-person or through video conferencing or through their Power of Attorney holder to affirm and verify the contents of judicial separation petition.
Summoning of Respondent: After acceptance of judicial separation petition by Family Court, respondent spouse is summoned by the Family Court on a given date.
Appearance of Respondent: Respondent will have to file reply within 30 days of receiving the summons. If respondent does not appear despite service, then Family Court may proceed with the matter in the absence of respondent which is called ex-parte proceeding in legal terms. From this step judicial separation process hearing begins.
Mediation and Counselling: Both the parties are sent to marriage counselling and mediation to explore the possibilities for reconciliation or dissolution of marriage by mutual consent. Another question arises at this point if mediation is successful can judicial separation petition be changed to mutual consent divorce. Answer is yes; Judicial Separation proceedings can be changed to mutual consent divorce proceedings at any time before pronouncement of decree once key disputes between the couple are amicably settled and provisions of section 14 of Hindu Marriage Act, 1955 are met or by way of Writ to Hon’ble Supreme Court of India under Article 142 of Constitution of India.
Evidence of Petitioner: Spouse filing Judicial Separation petition files the evidences before Family Court Judge in support of claim. The Petitioner also produces the witnesses to prove the incidents and documents in support of the claim. Cross examination of the Petitioner and his witness are cross-examined by lawyer of respondent.
Evidence of Respondent: Respondent opposing Judicial Separation petition files the evidences before Family Court Judge against the claim of Petitioner and in support of his/her claim. The Respondent also produces the witnesses. Cross examination of the Respondent and his witness are cross-examined by lawyer of Petitioner.
Final Arguments: Both parties are given opportunity to present their final argument during judicial separation process final hearing.
Judgement: After final arguments Family Court Judge pronounces the judgment and on successfully proving the judicial separation case the decree of judicial separation is granted.
The parties to apply for certified copy of judgement and decree of judicial separation.
Remarriage after Judicial Separation in India
Decree of Judicial Separation does dissolve the marriage. The couple retains the marital status as husband and wife. Thus marriage solemnized by either of the spouse with other person is ab initio null and void and the defaulting spouse can be tried for bigamy.
What is Judicial Separation time period in India?
Ex-parte judicial separation process generally takes 6 -12 months. Fully contested judicial separation takes around 4 - 5 years. The judicial separation proceedings can be expedited by filing a Writ Petition before Bombay High Court or Supreme Court of India.
Judicial Separation without Separation Lawyer
Yes you can file Judicial Separation petition in-person; however, it is advisable to engage good Separation Lawyer or Divorce Lawyer in Mumbai to represent you in Family Court. If you want to appear in-person, our team of Separation Lawyers in Mumbai can help you drafting and filing of petition of judicial Separation by preparing your judicial papers.
For more information on filing judicial Separation petition kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Documents required for filing Judicial Separation
* Draft Petition for Judicial Separation.
* Original Photo-id card (Aadhaar card, Passport, Voter id, etc).
* Address proof (Aadhaar card, Passport, voter-id, PAN card, electricity bill, Affidavit, property document – like Registered Leave and License Agreement or property ownership document).
* Original Marriage Registration certificate.
* Original / Certified Divorce decree of earlier marriage, if any.
* Original Marriage Invitation Card.
* Clear marriage picture.
* 4- 5 passport size picture.
For more information on filing Judicial Separation petition kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.