Legal Question in Family Law in India

Re: Judicial Seperation

what is the issue now since you already got reply to the question?

Re: Judicial Seperation

It is better to go for divorce.After all the effect of judicial seperation is ultimately same.In Divorce case also the court has to decide custody of children.Nevertheless,there are other ways where the parties themselves can take a decision in relation to custody of children.Normally it takes upto 3 years which may extent depending various other factors.In case of need you may contact with detailed facts.Professional charges are applicable.

Re: Judicial Seperation

If you are in the cusdoty of the children than continue otherwise move to the court for the cusdoty.

You can move to other city with your children if there is no restriction by the court.

You alongwith your children are legally entitled financial support/maintenance from your husband as you have right to lead the life according to means and status of husband

There is no time limit for grant of judicial separation

Re: Judicial Seperation

you can seek custody of your children provided your children are willing to live with you and also your husand is incable or disqualified to properly keep the children. Child's interest shall be the parmount consideration in deciding the custody.

If you have the children with you, moving children may not be an issue.

If you have faith in your husband changing his attitude and behaviour for better and have possiblity for future reunion then opt for judicial seperation and if the problems are to remain perinial you may think of Divorce.

You may seek for your maintenance.

Re: Judicial Seperation

(1) Welfare of the children would be the main criteria for custody subject to the right of mother to have custody of minor children in normal situation(ie...exept in case of immorality etc)

(2)You can go any where.

(3)Regarding time and amount we cannot asses acurately becuse they depend on number of factors

Re: Judicial Seperation

Many women in your position are suffering silently as a result of the children between the spouses. However, you need to take steps to get out of a relationship since you are constructing your own life. Life is a DO IT YOURSELF PROJECT.

1) The courts will order judicial separation, once the facts illustrate abuse on the part of the husband;

2) Money is always a dicey issue. Your husband has got a good income. He will have to shell out cash to maintain you. However, be ready for some fight on this front. Normally, men will not pay unless they can ride the mare. You also need to start preparing for an independent life.

3) Your children can be with you, if you can support them financially, emotionally, educationally. Between your husband and yourself, there can be a tug of war on this. It will only be a good financial backing, which will enable you to prevail on this. Normally, courts will give children to the spouse, who can ultimately provide bread on the table.

4) Yes, you can relocate to a different city. You need to inform the court about your relocation. Your husband will have a right of access to the children.

As regards your niece, she just does not have the courage to go on her own. It takes a lot to break up. I do not blame her. But, there is no future in a broken relationship.

Please remember, that in your last breath, do not contemplate "HAD I WALKED A DIFFERENT PATH ....." Do it now, whatever it takes. There is no second chance.

Re: Judicial Seperation

it takes around 3 years in such cases but i recommend you to go for a divorce as its the same as far as far your case is concerned.

you may contact me personally with details

professional charges may apply

Re: Judicial Seperation

The Court may or may not grant the custody of the children.

If the child is aged five and above then the duty is on the father to bring up the child and he will have custody of the child, unless you can prove that you can bring the child better than your husband.

the disadvantage in this case is the husband is earning a lot of money the court may not give custody of the child.

you can ask for the custody of the child in a week for 2 or 3 days on saturdays and sundays, the court may consider that.

Regards.

B.Balasubramanya.

Advocate.