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Judicial separation

Introduction

In India, marriage is considered as a sacrament and the union of both husband and wife. It is the sacred relationship of both husband and wife. Before, Hindu marriage Act,1955 there was no relief in case of a failed marriage and both parties had to continue with the marriage.

But, after the commencement of the Hindu Marriage Act,1955 things have changed. Now, both parties can break their failed marriage through a decree of judicial separation or by divorce.

Meaning

Judicial separation is a state where the matrimonial relationship between parties suspends temporarily and they are under no obligation to live together. During this period, both husband and wife are not competent to a fresh marriage. The right to fresh marriage is allowed only after the dissolution of marriage. It is a decree passed by the court in either of the parties.

Provisions under Hindu law;

Section 10(1).“Either party to a marriage, Whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section(1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section(2) thereof, as grounds on which a petition for divorce might have been presented.”

Section 10(2). ” Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may on the application by petition of either party and on being satisfied with the truth of the statements made in such petition rescind the decree if it considers if it considers it just and reasonable to do so.”

Grounds available to husband and wife both:

1.Cruelty

2.Desertion

3.Conversion

4.Unsoundness of mind

5.Venereal disease

6.Renunciation of world

7.Presumed death

Additional grounds to wife:

1.Bigamy

2.Rape, sodomy or bestiality

Object of judicial separation

Judicial separation is a step prior to a divorce. The objective of judicial separation is to provide an opportunity for both parties to reconcile their differences.

Conclusion

Judicial separation is a decree in which both parties are given a chance to sort out their differences. It is thus, a state where the marriage does not dissolve but matrimonial obligations are suspended for a temporary period.

This article is written by Vartika Chandwani and edited by Rupreet Kaur Dhariwal.

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