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- Apr 14, 2023
- 3 min read

How To Live Separate Without Divorce In India

Nevertheless, it's also crucial to be aware that there are other means by which a couple can freely decide to live apart without actually going through the drawn-out legal processes of divorce. Couples in this generation understand their rights and responsibilities, therefore they are also aware that there are alternative ways a couple can legally split.

This article will explain how a couple can formally dissolve their marriage. Legal agreements are typically drafted for such circumstances, but their legal enforceability is questionable, necessitating communication and knowledge of these agreements.

Separation Contracts:

Separation agreements, as their name implies, are post-marriage agreements in which a couple mutually decides to part ways without seeking the assistance of the court. As a result, there is no involvement of the court in such agreements.

As a result, the couple separates without filing for a divorce or receiving a legal separation decision. The fact that separation agreements are signed after marriage is consummated is one of their most important features.

These spouses decide on the matter of maintenance, property division, and child custody without any kind of judicial intervention because these agreements are written after the marriage is solemnized. A separation agreement is, nevertheless, viewed as being against public policy in India. Because of this, courts do not emphasize such an arrangement.

Indian separation agreements' legality:

Simply put, a separation agreement does not have a solid legal basis for being valid and enforceable under Indian law or the Indian judicial system. As a result, the Indian court has disallowed the option of a husband and wife entering into a separation agreement in a number of circumstances.

Readers might be surprised to learn that India has a system of chutti-chutta, a traditional type of consensual divorce that is essentially the same as separation agreements.Considering the Hindu Marriage Act, which governs all Hindu weddings, there is no mention of separation agreements in India. The enforceability of such agreements in the nation is neither promoted nor ignored by the Act.

The court has frequently ruled that separation agreements have no legal standing in India, but this does not imply they are completely useless. The separation agreement illustrates the parties' intentions. The majority of instances involving separation agreements in Indian courts involve Indian couples who have lived abroad for a substantial amount of time.

Judicial Separation:

We do occasionally have a tendency to get bored with the same routine every day, and we frequently look for a break at some point in our lives. The concept behind judicial separation is the same. It is a temporary legal reprieve that is granted to couples on good grounds for a set amount of time. Each legally wed couple may request a judicial separation from the court on legitimate grounds.

The court may order judicial separation, which permits the partners to live apart for a predetermined amount of time. The couples are still wed in a judicial separation, nevertheless. Prior to divorcing, judicial separation is a final recourse.
In contrast to a judicial separation, parties to a separation agreement do not have to appear in court to request permission to live apart. The court grants the couple permission to live apart while there is a judicial separation.
When one spouse has abandoned the other spouse for more than two years consistently, for example, is one of the grounds on which a couple might file for divorce.
The court may grant a judicial separation on the grounds of cruelty if it appears to either the wife or the husband that continuing to live with their spouse will be detrimental or dangerous.
Some such examples are insanity, adultery, conversion to another faith, an incurable form of leprosy, giving up the world by joining a religious order, and going seven years without being heard from.

An easy-to-implement solution is a separation agreement. But it's crucial to remember that it also has consequences. The opposite party to the separation agreement may claim that it was signed under force, undue influence, etc.

If the petition is filed in Mumbai then divorce lawyer in Mumbai may be consulted. divorce lawyer in noida can also be appointed if the petition is filed in Noida. Likewise, if the petition is filed in kolkata then divorce lawyer in kolkata can be appointed.

At Lead India, we provide a variety of professional and legal services. You can ask a legal question here. In this situation, talk to a lawyer to get the finest guidance. You can get advice from our legal team to make wise judgements. We also provide free legal advice online.