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What is the effect of judicial separation on conjugal rights and maintenance?

Posted by jobseeker Tanyashree | Approved
Answers (2)

After judicial separation:
a) The right to live together (conjugal rights) is suspended.
b) Either spouse can still claim maintenance under Section 25 HMA or Section 144 BNSS, depending on circumstances.
c) If the wife is not self-sufficient, the husband may have to pay maintenance, even after separation.

Answered by jobseeker JYOTI MEENA | Approved

As judicial separation does not dissolve the marriage, it only leads to end of legal duty of cohabitation, this is the only effect it has on conjugal rights. Whereas for maintenance, after judicial separation the court may face question of maintenance or custody which can be awarded as per the circumstance and discretion of the court. The statute provides no bar, the wife is allowed to seek maintenance under Judicial Separation.

Answered by jobseeker Gaurangi | Approved

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