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Judicial Separation In India

Judicial Separation is a provision under Indian law which gives marriage a chance by not ending the marital ties but by allowing the husband and wife to stay apart, while still being married. Here, both the [arties get a chance to introspect before they head on with the divorce proceedings. Under the decree of judicial separation both the parties live separately for a period of time but still carry the same legal status of husband and wife. Section 10 of the Hindu Marriage Act provides for Judicial Separation.

Following are the grounds on which judicial separation can be granted:

  • after solemnization of the marriage, other party has treated their spouse with cruelty
  • the other party has had voluntary sexual intercourse with any person other than his or her spouse after solemnization of marriage
  • the other party has deserted the spouse for a continuous period of not less than 2 years immediately preceding the presentation of the petition
  • the other party has ceased to be a Hindu by conversion to another religion
  • that the other party has been incurable of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the other party;
  • the other party has been suffering from venereal disease in a communicable form
  • the other party has renounced the world by entering any religious order
  • the other party has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him/her, had the party been alive.

The petition for judicial separation must contain the following:

  • The details of the parties
  • The details of issues born, if any
  • The date of marriage
  • The place of marriage
  • Rituals followed
  • The grounds being relied upon
  • Current living status of the parties
  • The relief being claimed

Which court has the jurisdiction?

Any Family Court in India which has the jurisdiction over the area where:
  • The marriage wad solemnized
  • The husband and wife last resided together
  • Either the wife or the husband is living at the time of filing the petition.
If in a divorce matter, the Court deems fit that instead of passing a decree for divorce, which had been originally prayed for, it, can pass a decree for Judicial Separation. The Court may even rescind the decree of judicial separation, if it considers it just and reasonable. 

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