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Judicial Separation

Judicial Separation

When people choose to end their marriage, they usually take this decision in haste and our judicial system understands this too and therefore contains the provision of judicial separation. This provision is different from divorce, as in divorce you are no longer husband and wife. But in judicial separation, you can live apart from your spouse and get the much needed freedom to think this through.

Section 10 of the Hindu Marriage Act, 1955, accommodates Judicial Separation. As indicated by Sec 10 of the act either party to a marriage, whether solemnised before or after the beginning of this Act, may exhibit a request the family court for an announcement for judicial separation on any of the grounds determined in sub-section (1) of Section 13. Mentioned below are the grounds accessible to both the parties for acquiring a decision of Judicial Separation:

  1. Adultery: After the solemnisation of the marriage, the spouse had sexual relationship with any individual other than his or her life partner.
  2. Cruelty: Treated the husband/wife with cruelty in physical or mental form.
  3. Desertion: The other spouse has deserted the applicant for a time not less than two years before filing of this petition.
  4. Conversion: Ceased to be a Hindu by changing over to other religion
  5. Insanity: the spouse has been of ill mind or insane for a continuous period of at least two years.
  6. Leprosy: For a time of at the very least one year instantly going before the request of judicial separation, been experiencing a destructive type of infection.
  7. Venereal Disease: Immediately before the presentation of the appeal, been experiencing venereal infection in a transmittable frame, the disease not having been contracted from the applicant.
  8. Renunciation of the world: Renounced the world by entering any religious request.
  9. Not being heard for a long time: Not been known about as being alive for a time of seven years.

The accompanying grounds are accessible for the wife in addition to the 9 grounds expressed previously:

  1. Husband is having more than one wife.
  2. Husband is blameworthy of Sodomy, or rape.

The impact of the separation is that sure shared rights and commitments emerging from marriage are put under suspension. The primary reason behind why some couple choose to be judicially separated rather then divorce is that it gives them time to re think and come to an understanding regarding important matters like distribution of property, custody of child etc. Another reason being, you can apply for judicial separation anytime after the solemnisation of the marriage but divorce can be only filed after one year of marriage.

Where a judgement for legal separation has been passed, it should never again be compulsory for the applicant to live together with the respondent, however the court may on appeal filed by the applicant or either party withdraw its decision if they decide to live together again.

Judicial separation allows the parties to the marriage to live separately. It helps them to get free from the hassles of the chaotic marriage. There will be no legal obligation on them to live or act as a couple. If the parties continue to live separately for more than a year, then either of the parties can file for the dissolution of the marriage. One year is surely a long time to think things through to take life altering decision.