Procedure for filing a judicial separation petition in Noida

In the process of judicial separation, you need good legal help for filling the petition, collecting evidence, and presenting it in court. Our firm has an experienced team of lawyers in Noida. Who have years of experience in handling judicial separation cases, they assist you efficiently in this legal process to smooth this process. 

• The first step in this process is to consult good family lawyers to evaluate your case. Like in Noida, you can choose our firm and get the best legal assistance in this process. Our lawyers do a detailed study of your cases and suggest to you which legal grounds are suitable to your situation for judicial separation, and they also discuss other available remedies. 

• Once the primary discussion was completed, our lawyers drafted a petition for judicial separation. In this petition they add the information about your marriage (date, place, registration) and the names and addresses of both spouses. As well as add on which ground you filed for judicial separation, with the facts and instances for proving those grounds. The petition will also include relevant sections as per the religion of the couple. After that, the client needs to verify that petition and attach supporting affidavits or documents as required. 

• The next step in this process is filing a petition in the appropriate court. Our firm’s lawyers are filing your petition as per the applicability, mostly the judicial separation petition filed in the District court or Family court, the place where the marriage is solemnized, where the couple resided together last time or where the respondent currently resides. Along with that nominal court fee/stamp duty, it is paid when the petition is filled in the court. 

• Once the filing is completed, the court issues notice to the other spouse, along with a copy of the petition. After that, the other spouse must present in the court either personally or through a lawyer and file a written petition as a reply to the respondent’s petition. So in this situation, if you are a defendant and unable to present yourself personally in the court, then don’t worry; our lawyers are present in the court on your behalf and also file a reply statement petition in the court. 

• In this process, mostly family courts suggest the couple go to the mediator or counselor and check if their marriage can be saved. Our firm has experienced lawyers who have years of experience in counseling or mediation for the couple to save their marriage.

• After the mediation process, when reconciliation of the couple is not possible, then both spouses must be present in court for hearings, in that court, hear arguments from both parties, and the petitioner must prove with evidence the grounds claimed by them for judicial separation. The respondent can deny the allegations and present defenses. All this argument process is not an easy task without getting proper legal help. dont worry our lawyers help both parties in court proceedings, either your respondent or defendant in the case. 

• Once the arguments are completed by both the parties, the court will pass a final judgment. If the court is satisfied with the grounds and evidence presented by both parties, the court will grant a judicial decree of judicial separation.

• Once the judicial decree is passed, the couple must file a petition for other related matters like child custody, maintenance, or injunctions against disposing of property. Our firm’s lawyers help clients to fill all these petitions in the court to avoid any hampering of the rights of the client at any stage. 

• The client is not satisfied with the decision of the Family court or District court then we help the client to appeal in a higher court. The client can file an appeal into High Court of their respective state.  

Which laws govern judicial separation cases 

Right To Law firm in Noida offers legal assistance to people from all religions. as per the applicability of your personal laws, we provide a readymade solution for your case. So if you live in Noida or a place near Noida and are facing any marital discord and want to file a petition for judicial separation, then visit our office in Noida and get the best solutions from our experienced lawyers. 

Hindu Marriage Act, 1955

As per Section 10 of the Hindu Marriage Act, 1955, one of the spouses in a couple can file a petition for judicial separation. This act is applicable to Hindus, Buddhists, Jains, and Sikhs. The grounds for judicial separation are the same as the grounds for divorce, as per the mention in Section 13 of the Act. A person can file a judicial separation petition any time after the marriage if any serious issue arises. This legal remedy is more suitable if any serious issue occurred in the early period of the marriage, because in the process of divorce, couples have to wait for one year after the marriage to file a divorce petition. 

Special Marriage Act, 1954

If the two persons of different religions married each other under the Special Marriage Act, 1954, whichever religion they came from can file a petition for judicial separation under this act. In this act, Section 23 deals with the grounds for judicial separation, which are similar to those available for divorce in this act. So the one spouse can file for a judicial separation petition under the Special Marriage Act, 1954, to the District Court or Family Court on grounds such as cruelty, adultery, or desertion. 

Divorce Act, 1869

In the christian religion if one of the spouses wants to file a petition for judicial separation, then they can file under this act. Under Sections 22 and 23 of this act, the option is given to the christian husbands and wives to file a judicial separation petition on the grounds of cruelty adultery or desertion lasting over two years. The decree passed under this is divorce a mensa et toro, which means husband and wife live separately without dissolving the marriage. 

Parsi Marriage and Divorce Act, 1936

Under this act, as per Section 34, a Parsi couple is allowed to file a petition for judicial separation. One of the spouses in the couple can file a petition for judicial separation, and the grounds are the same as those provided for divorce under Section 32 of this act. Grounds are similar to the grounds mentioned in the Hindu Marriage Act of 1955. 

Muslim Laws

In Muslim law, there are not any provisions available for the concept of Judicial separation. In the Muslim personal laws, also called as  the Shariat Act, there is the concept of divorce or talaq but it does not recognize the concept of judicial separation like that found in the other personal laws in India. If the couple is under Muslim community marriage as per the Special Marriage Act, 1954, then they have the option of filing a judicial separation petition. 

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