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Judicial Separation in India

A process adopted by the court to give time to the couple to have introspection about their troubled relationship. The concept of Judicial separation ceases co-habitation amongst the parties to the marriage but does not dissolves the marriage.

It is an instrument which gives / extends opportunity to both the wife and the husband to, on one hand, take necessary actions to continue their relationship and on the other directing them to live separately. This allows them to have the independence from each other and the much needed space to breath.

Judicial separation is the last resort before the official and legal decree of divorce. The decree of judicial separation does not brings about an end to the marital status of a couple. The marriage, even on passing of the judicial separation decree, subsists and continues. The only effect which the decree of judicial separation brings is that the co-habitation of the parties is suspended.

Generally the grounds on which the decree for judicial separation can be awarded are similar to that of the grounds for decree of divorce. There are many grounds, out of which some of them are as follows:-

  1. Venereal (Communicable) Disease
  2. One of the parties not being heard for a continuous period of seven years
  3. Renunciation of the world
  4. Insanity
  5. Incurable form of leprosy
  6. Cruelty
  7. Adultery
  8. Desertion
  9. Apostacy

Apart from the grounds as mentioned above, the petitioner (if happens to be a woman) can apply petition for judicial separation on certain more grounds, viz

  1. Non resumption of co-habitation by husband till at least one year after the passing of the decree of judicial separation.
  2. Rape, sodomy or bestiality by the husband.

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