Marriage is a serious relationship and it takes efforts from both husband and wife to get benefited from this act. Yet, if either both or one of them has some reservations about the relationship yet is indecisive to take the big step – Divorce, then he/ she can seek for Judicial Separation.
In India, as per to the Hindu Marriage Act, 1955, a court can provide a decree for Judicial Separation to the party under the norms of Section (10) of the marriage act. In simple words, the term refers to an effort to save the marriage vows before proceeding to divorce. A divorce permanently splits a man and a woman from the wedding vows where as a Judicial Separation does not annul the marriage rather grant time to both of them to introspect on their decision of whether to reconcile or part ways.
Definitely, this decree comes with certain exemptions. It prohibits the husband and wife to cohabitate until a mutual decision has been furnished.
The Sub Section (1) of Sec 13 includes 9 grounds on which a decree for Judicial Separation can be sought; they are similar to the grounds of seeking a decree for Divorce. The grounds are;
- Cruelty
- Adultery
- Desertion (for 2 years minimum)
- Insanity (for 2 years and above)
- Conversion of religion
- Potent form of Leprosy (for a period of a year and more)
- Contagious venereal diseases
- Renunciation of world and
- No news of being alive for more than 7 years
Apart from these grounds, if the petitioner is a wife, then she gets the following additional 4 grounds;
- Earlier marriage or re-marriage of the husband.
- Rape, brutality with the wife and sodomy
- Solemnization of Marriage before the age of 15 of the wife
- Non resumption of cohabitation
However, if both the parties decide to rescind then they can apply for a decree to dissolute the marriage i.e. divorce after a year has been passed since the decree of Judicial Separation.
If you need further assistance, Please contact Law office of G. S. Bagga and Associates, we Provide free consultation.
