Process Of Judicial Separation Before Divorce In India

Published on 31 Mar 2020 by Shivi

When living together becomes difficult for a husband and wife, the couple may resort to legal proceedings get separated. In an attempt to keep the holy matrimony intact and give the couple a chance to mend the differences in the marriage, the law in India provides the process of judicial separation. This blog talks about the meaning of judicial separation, grounds for filing judicial separation petition and the legal effects of separating from a spouse in India.

What is Judicial Separation in India?

Judicial separation gives the marriage a chance by not ending the marital ties but allowing the couple to stay apart, while still in the marriage. Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce.

When a decree of judicial separation is obtained, the parties remain married as the decree of judicial separation does not dissolve their marriage. Instead, the decree of judicial separation simply relieves the parties of their duty and obligation to live together. Where a decree for judicial separation has been passed in the applicant’s favour, it is no longer be obligatory for the person to cohabit with the spouse.

The petition for Judicial Separation has to be filed with the help of the best divorce advocate in India. The petition must mention all the relevant facts like:

  1. Details of the parties,

  2. the date and place of marriage,

  3. Rituals followed,

  4. Current living status of the parties

  5. The grounds being relied upon, and

  6. The relief being claimed.

The judicial separation matter in India may be filed in the family court which has jurisdiction over the area where:

  1. The marriage was solemnized,

  2. The wife and husband last resided together, or

  3. Either the wife or the husband is residing at the time of filing of the Petition.

Grounds for Filing Judicial Separation Petition

Section 10 of the Hindu Marriage Act provides for judicial separation. It provides that either party to a marriage can file a petition before the Court for seeking judicial separation with the help of top divorce lawyers in India on any of the following grounds:

  • The other party has had voluntary sexual intercourse with any person other than his or her spouse after solemnization of marriage;

  • The other party has, after solemnization of the marriage, treated the spouse with cruelty;

  • that the other party has deserted the spouse for a continuous period of not less than 2 years immediately preceding the presentation of the petition;

  • The other party has ceased to be a Hindu by conversion to another religion;

  • that the other party has been incurable of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the other party;

  • The other party has been suffering from venereal disease in a communicable form; or

  • The other party has renounced the world by entering any religious order; or

  • The other party has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him/her, had the party been alive.

If in a divorce matter, the Court deems fit as per the facts then instead of the Decree of Divorce, which has been originally prayer for, it, can grant the Decree of Judicial Separation. If the Court considers it just and reasonable to do so and upon being satisfied with the truth, it may even rescind the Decree of Judicial Separation.

Legistify can help you with the judicial separation process in India. Consult top Divorce Lawyers in India through Legistify by giving us a call at 8468833013 or an email at [email protected]


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