Judicial Separation (Non-Muslim)
Judicial separation is where either party to a marriage legally separate upon an application for the decree. The parties live separately although their marriage is still subsisting. They are, however, not allowed to marry anyone else unless and until they obtain a decree of divorce.

Before applying for a decree of judicial separation, it is wise that both parties agree on financial matters so that a consent order for maintenance, property division, and custody of the children be entered at the time the decree of judicial separation is made.

Pursuant to section 66 Law Reform (Marriage and Divorce) Act 1976 (LRA), the property of a wife who is judicially separated shall, if she dies intestate, be distributed as if her husband was dead. Where alimony has been ordered to be paid to the wife, upon judicial separation, but the husband has not duly paid it, he shall be liable for her necessaries. These necessaries consist of the things that are really necessary for the wife to live on, such as, food and clothes.

A wife can evict her husband from the matrimonial home if the court considers that the order is necessary for the protection of the wife. The court has to take into account the conduct of the parties, in addition to the position and interest of the parties, including the children. In Jayakumari v Suriya Narayanan the court allowed the application, when it found that the conduct of the husband was so outrageous that it was impossible for both parties to live together.

Related Topics:
Divorce (Non-Muslims)
Divorce (Muslims)