Judicial separation is an alternative to divorce – but it does not end marriage. The parties do not live together, but there are other marriage obligations. Parties remain husband and wife, even if they live apart and do not have sex. In the event of a judicial separation, one cannot remarry. You can even file for divorce if the other party is not ready to get a divorce – this is called „Contested Divorce.“ Divorce is a very serious matter, it can destroy and separate families. But on the other hand, the parties can exercise their right to choose and pursue their happiness, as it makes no sense to continue to be in a conjugal relationship if the spouses are not happy. For couples who submit divorce by mutual agreement, time is allowed to try to make their marriage work. They are recommended to commit themselves to mediation and reconciliation in order to solve their problems. LegalDocs expert and trusted lawyers help throughout the divorce process from start to finish.
After the extensive consultation of the LegalDocs team, each citizen must follow the trial: during this 6-month period during which the petition is pending in court, each partner is entitled to revoke mutual consent by filing an application in court stating that he/she does not wish to seek divorce by mutual agreement. If the formal marriage is valid under Hindu law and there is a reason to terminate it, it may be terminated either by a judicial separation under Section 10 or by divorce pursuant to Section 13 and Section 13B. Section 13A provides for other facilities in divorce proceedings. The divorce becomes final as soon as the divorce decision has been made by the court. The other party has such an opportunity, unless it files a normal divorce application in accordance with the provisions of Section 13 of the Hindu Marriage Act of 1950. As the name suggests, there is a divorce with mutual consent if the husband and wife want to end the marriage. It is a decision that is made by mutual agreement and, therefore, the process is much more fluid than divorce by other means. Under the Hindu Marriage Act of 1955, both spouses have the right to file the dissolution of their marriage. In addition, the law also allows both parties to jointly file a divorce upon mutual consent.
1. The court may be a court in which a couple who have applied for divorce has lived last. Can the spouse accept remarriage without divorce from an existing partner? Both parties prayed for an immediate divorce and the abandonment of the waiting time. The parties had lived apart long enough and there was no room for manoeuvre to make the marriage work. In these circumstances, the court does not issue a divorce decree. In accordance with the law, the duration/duration of obtaining mutual consent for the divorce is six months. Although the parties have the opportunity to submit the second application within six months and eighteen months from the date the petition for mutual consent is filed. The end of a marriage is divorce and the simplest and least traumatic way to get a divorce and dissolve the marriage, which does not work for any of the spouses, is by mutual agreement.