How to seek separation without divorce after not living together?
I got married through your office in August, and now I may need a divorce. Is it possible to get a legal separation without a divorce? I am an Australian citizen, married to an Indian, but we have not stayed together since the marriage.
In India, you can live separately without a divorce, and if you want a formal legal status without ending the marriage, you may file for Judicial Separation under the Hindu Marriage Act, which allows spouses to legally live apart while the marriage continues; no waiting period is required to file, the grounds are similar to divorce, and it serves as a legally recognised separation without dissolving the relationship, whereas India does not otherwise provide a separate “legal separation” status, so your options are either to simply remain separated informally or to obtain a judicial separation order if you need formal recognition.
Dear Client, without getting a divorce, you can file a petition for judicial separation. Since you are an Australian citizen but the marriage was registered in India, you can seek judicial separation under the Special Marriage Act, 1954. I hope this was helpful, for further queries, please do not hesitate to contact us. Thank you.
Yes, separation without a divorce tag is possible through judicial separation. This allows both of you to live separately while the marriage still legally exists. You can file it individually or jointly. The court may decide maintenance or other rights. Later, if you wish, judicial separation can be converted into divorce after one year. For further legal assistance contact on our helpline number.
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