Can We Live Separate After Court Marriage?

Court marriage is a legal way of getting married in India, which is recognized under the Special Marriage Act of 1954. After a court marriage, a couple may choose to live separately due to various reasons, such as work or personal preferences. However, living separately without obtaining a legal divorce may have legal and financial implications, such as maintenance or alimony, joint property settlements, and other legal obligations.

Legal Grounds for Living Separately after Court Marriage

There are several legal grounds for living separately after a court marriage. Some of the common grounds include-

Mutual Consent- If both partners agree to live separately, they can do so by mutual consent. In such cases, they can approach the court and file a joint petition for separation by mutual consent.
Desertion- If one partner abandons the other without any reasonable cause; the abandoned partner may file for separation on the grounds of desertion.
Cruelty- If one partner subjects the other to physical or mental cruelty; the affected partner may file for separation on the grounds of cruelty.
Adultery- If one partner engages in extramarital affairs, the other partner may file for separation on the grounds of adultery.
Mental Illness- If one partner suffers from a mental illness that makes it difficult to live together, the other partner may file for separation on the grounds of mental illness.

Procedure for Divorce

Living separately without obtaining a legal divorce may have legal and financial implications. Therefore, one of the couple must seek divorce through the following procedure-

Consultation with a Lawyer- The first step is to consult with a lawyer who specializes in divorce cases. The lawyer will explain the legal process, the grounds for divorce, and the legal rights and obligations of the parties involved.
Filing of the Petition- The party seeking divorce (petitioner) must file a petition for divorce in the appropriate family court, stating the grounds for divorce and the relief sought.
Service of Notice- The court will issue a notice to the other party (respondent), informing them of the divorce petition and the date of the first hearing.
Response to the Petition- The respondent has the option to file a response to the petition, admitting or denying the allegations made by the petitioner.
Mediation- In some cases, the court may refer the parties to mediation to explore the possibility of reconciliation.
Evidence and Arguments- The court will then hear evidence and arguments from both parties and decide on the grounds for divorce.
Decree of Divorce- If the court is satisfied that the grounds for divorce are valid; it will issue a decree of divorce, which legally dissolves the marriage.
Appeals- Either party may file an appeal in a higher court against the decree of divorce.

Role of Judiciary

In the case of Gursharan Kaur v Jasbir Singh, the couple got married through a court marriage, but the wife left the husband due to mental cruelty. The wife filed for divorce on the grounds of mental cruelty, and the court granted it, citing that the husband had subjected the wife to mental cruelty.

Role of Lawyers

Legal Advice- Lawyers can provide legal advice on the grounds for divorce, the applicable laws, and the legal rights and obligations of the parties involved.
Drafting of the Divorce Petition- Lawyers can help prepare and draft the divorce petition, ensuring that all relevant information is included and that the petition complies with legal requirements.
Representation in Court- Lawyers can represent the parties in court, presenting evidence and arguments in support of their case and protecting their legal rights and interests.
Negotiation and Mediation- Lawyers can help negotiate and mediate a settlement between the parties, which may help to resolve disputes and avoid the need for a lengthy court battle.
Appeals- Lawyers can also represent parties in filing appeals against the divorce decree in higher courts, if necessary.

You will need the help of lawyers to assist you in your divorce proceedings. If you need the help of lawyers to assist you in your divorce case in Srinagar, then court marriage in Srinagar can be hired, and if you need the help of lawyers to assist you in your divorce case in Imphal, then court marriage in Imphal can be hired. Similarly, court marriage in Jaipur can be employed if you need the help of lawyers to assist you in your divorce case in Jaipur.

At Lead India, one can consult and talk to lawyers for advice. They can get free legal advice online as well as ask a legal question online for free to lawyers through Lead India.