Judicial Separation

When living together turns into hard for a husband and wife, the couple may go for legal proceedings. The first thought that may arise in minds is Divorce, but it must be noted that the Courts in India aim at attempting to keep the holy matrimony intact by trying to mend the cracks in the marriage. The Hindu Marriage Act also provides for the provision of Judicial Separation for a married couple. The Judicial Separation is considered as the last leg before the marriage breaks down finally. Thus the court highlights upon provided that an alternate help instead of a decree of Divorce.

When can one file for the relief of Judicial Separation?

A petition under the Section 10 Hindu Marriage Act may be filed requesting for a decree of Judicial Separation by the husband of wife relying on any of the surroundings specified as grounds of Divorce.

The grounds on which Judicial Separation can be granted are:

• Domestic Violence
• Desertion for a continuous period of more than 2 years
• Conversion from Hinduism to any other religion
• Suffering from an inveterate and virulent form of leprosy
• Respondent being of unsound mind which is incurable
• Suffering from such a mental disorder
• Suffering from a venereal disease which is in a communicable form
• The husband is guilty of rape, sodomy or bestiality, after the solemnization of the marriage
• If the marriage was solemnized before the wife had attained the 15 years of age and she has repudiated the marriage upon becoming of 15 years but before turning 18 years.