Q/A on JUDICIAL SEPARATION AND RCR BY ALISHA BAWA @LEXCLIQ

1) Is Judicial separation and legal separation same?
Ans:- According to me, Judicial and legal separation are two same terms as they both talks about the court order under which the couple remains legally married but their normal marital obligations cease and they no longer have to go on living together.

2) Can one file a case of divorce along with Judicial separation?
Ans:- No, because as per the law if a judicial separation case is pending and one has completed one year of separation then that person has to first withdraw the case of Judicial separation only then he can file a fresh case of divorce which can either be mutual or contested.

3) What are the Grounds for Judicial Separation?
Ans:-
• Cruelty– Either of the spouse or both are cruel for one another.
• Desertion – Either of the spouses is not alive and is missing since seven years and above.
• Adultery – Either of the spouses is being cheated upon by other spouse. In case a husband or a wife knows that their respective spouse is married and that the other person is alive during this petition; then the grounds for judicial separation strengthens.
• Forced conversion of religion – Either of the spouses is forcing the other one to change and convert his/her religion.
• Incurable diseases such as leprosy, cancer, Ebola, etc…
• Insanity or abnormality – Either of the spouses is not in a sound condition.
• Venereal or sexual diseases – Either of the spouses is suffering from sexual diseases such as HIV, AIDS, Genital Herpes, Syphilis, etc… Rape, Sexual Harassment, Molestation, Bestiality and Sodomy.
• Renunciation of the world by either of the spouse on religious or spiritual grounds.
• Child marriage – Either of the spouses is married without his/her consent before attaining 18 years of age.

4) Draft a Petition for Judicial separation?
Ans:-
In the District Court of Delhi
Case Name:
In the matter of S.10 of the Hindu Marriage Act 1955, and in the matter of:
Riya…………………… Petitioner
versus
Shyam…………………… Respondent

RESPECTFULLY :

1. That at all material times and at present the parties to the proceedings were and are Hindu and so ruled by the Hindu Marriage Act 1955.

2. That on the 06 Jan, 2021 the applicant was duly married to Shyam at Delhi and the said marriage was solemnized according to Hindu rites.

3. That ever since the said marriage and until the 05April,2021 the applicant and the said Shyam cohabited and lived as husband and wife at delhi when he withdrew himself from the society of applicant without any probable or reasonable cause and thereby deserted her to all purposes and intents.

4. That from and soon after the marriage the said Shyam habitually and with very few exceptions conducted himself towards the applicant with severe cruelty and harshness by abusing her in most filthy language.

5. That applicant has not in any way been party to or connived at or condoned any of the said acts of Shyam.

6. That the said Shyam also maliciously, falsely charged the applicant as having committed adultery, abused the applicant in several manners and treated the applicant with such cruelty as cause a reasonable fear in the mind of the applicant that it will be most harmful /injurious for the petitioner to live further with the said Shyam.

7. That there were no prior proceedings between the parties and there is no collusion between the applicant and Shyam relating to the subject-matter of present petition.

8. That this court has jurisdiction to entertain this application as the marriage was celebrated at delhi within the jurisdiction of this court.

The applicant therefore prays for a decree for judicial separation between the applicant and the said Shyam.
Petitioner’s Signature.
Verification

I, Riya, daughter of Dhyan chand and wife of Shyam aged about 27years by occupation housewife residing at delhi do hereby solemnly affirm and say as follows:

I am the petitioner above-named and I know and I have made my acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 8 are true to my knowledge and belief.

I sign this verification on this 24 April,2021 at the Court House at Delhi.

Petitioner’s Signature.

5) Draft a sample police complaint by the aggrieved spouse against the other for not performing his matrimonial duties.
Ans:- From Alisha Bawa
Model Town,
New Delhi,
Dated:- 06Jan,2021
To,
The Police Commissioner,
New Delhi,
India

Sub: Complaint against my husband for not performing his matrimonial duties.

Respected Sir,
I the undersigned age 27 years wife of Yuvraj Khot age 29 years, I am writing to you as my family and myself are under fear because my husband left the house on 02Jan,2021.It has been only a month to our marriage which was held on 01Dec,2020 at delhi. He would always come home with fully drunk and would also abuse in wilthy language. Such kind of behaviour of him have been mentally torturing me for the entire last month and now he has left the house.

He has not been able to fulfill his matrimonial rights too. And i on the behalf of my family is filing this complaint in order to tell you that if anything happens to him. Then we shall not be responsible for the same.
We hence request you to kindly treat this matter as a serious issue & do the needful. We are taking the liberty to attach relevant documents for your kind perusal.

We look forward to receiving your response and prompt actions against him at your earliest
convenience.

Yours Sincerely,
Alisha bawa

6) Whether Judicial Separation and Divorce are same ?
Ans: No, they both are not same. there are certain differences that exist between the two which arw as follows:
• Parties are still considered to be married even though they are judicially separated but after a decree for divorce is granted the marriage ends and both parties into subsequent enter can domestic relationships with other people.
• The process of judicial separation involves only one judgement, but the divorce procedure involves two judgements, one when the petition is filed, and one 6 months post the first judgement.
• When hearing a petition for judicial separation, the judges presume that the couple can reconcile and resume cohabitation but while hearing a petition for divorce, the judges are Concerned the about more permanent breakdown of the marriage.

7) Draft a petition for Restitution of Conjugal Rights?
Ans: IN THE COURT OF THE Delhi
Matrimonial Case No. _______ of 2021
Shivam Petitioner.
Versus
Riya. Respondent.

Petition under Section 9 of the Hindu Marriage Act, 1955.
The Petitioner, named above, states:

1. That the petitioner was married to the respondent on 01Dec,2020 at delhi within the jurisdiction of this Court.

2. That the petitioner and his wife lived last together at Delhi

3. That on 10dec,2020 last the respondent went to her father’s house at Noida . She gave word to return within 15 days, but she did not abide by her word and has not returned so far.

4. That the petitioner went to his father-in-law’s house at Noida to bring the respondent, a number of times, but on one pretext or the other, she declined to come along with the petitioner to his house.

5. That lastly the petitioner went to the house of the respondent’s father at Noida on 06Jan,2021 and asked the respondent to return with him, but she refused to come.

6. That the respondent deserted the petitioner and has withdrawn from his company without any reasonable or lawful excuse. Hence the necessity for the petition arose.

7. That the cause of action accrued to the petitioner against the respondent, within the jurisdiction of this Court, on 10dec,2020 when the respondent left for her father’s house at Noida and it continues to accrue from day to day till the respondent comes back to the home of the petitioner and resumes his company.

That the petitioner claims and prays:
(a) That a decree for the restitution of conjugal rights be passed in favour of the petitioner against the respondent.
(b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
Dated. 18Jan,2021 Petitioner.

VERIFICATION
I, the above named petitioner, do hereby verify that the contents of this petition in are true to my personal knowledge.
Signed and verified this on 18 jan, 2021 at Delhi in Civil Court compound.
Petitioner.

8) When a spouse can file a case of RCR?
Ans:– When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

BY: ALISHA BAWA

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