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Legal Separation in India

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Divorce is frowned upon in India.

Legal separation between a man and a wife is allowed by Indian law. It enables couples to live separately while still married to each other. It is generally a precursor to divorce.

  1. Separation

    • Legal separation means staying apart from your spouse. The main difference between divorce and separation is that while you are separated you might reconcile your differences and start living together again without any legal documentation. A divorced couple has to legally remarry to become a lawful husband and wife.

    Judicial Separation

    • The separation of the spouses is only legal if it has been awarded by a court of law, usually the family court. If a husband and wife are living separately without applying to the courts, the separation is not deemed legal.

    Documentation

    • For a husband and wife to separate they have to sign a separation agreement. This may include the reasons, related parties and terms and conditions of the separation. This addresses the custody of children, maintenance costs and other such issues.

    Legislation

    • The legislation that addresses legal separation in India is the Hindu Marriage Act, Section 10. According to the act, a person who files for separation is not obligated to stay with their spouse unless the courts decline the application for judicial separation.

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