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Judicial Separations
HINDUS Under Section 10 of the Hindu Marriage Act, 1955.
- 1 Either party to a marriage, whether solemnized before or after the commencement
of this Act, may present a petition to the district court praying for a decree for
judicial separation on the ground that the other party-
- a) has deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
- b) has treated the petitioner with such cruelty as to cause a reasonable apprehension
in the mind of the petitioner that it will be harmful or injurious for the petitioner
to live with the other party; or
- c) has, for a period of not less than one year immediately preceding the presentation
of the petition, been suffering from a virulent form of leprosy; or
- d) has, immediately before the presentation of the petition, been suffering from
venereal disease in a communicable form, the disease not having been contracted
from the petitioner; or
- e) has been continuously of unsound mind for a period of not less than two years
immediately preceding the presentation of the petition; or
- (f) has, after the solemnization of the marriage, had sexual intercourse with any
person other than his or her spouse.
MUSLIM Law.
No provision so far enabling parties to the marriage parties to the marriage to seek the remedy of judicial separation.
CHRISTIANS Under Section 22of the Indian Divorce Act, 1869.
Judicial Separation on grounds of :
- Adultery
- Cruelty
- Desertion, without reasonable excuse for two years or more
PARSIS Under Section 34 of the Parsi Marriage & Divorce Act, 1936.
Suits for judicial separation.—Any married person may sue for judicial separation on any of the ground for which such person could have filed a suit for divorce
SPECIAL MARRIAGE Under Section 23 of the Special Marriage Act, 1954
(1)A petition for judicial separation may be presented to the district court either by the husband or the wife,—
(a) on any of the grounds specified 1[in sub-section (1)] 2[and sub-section (1-A)] of section 27 on which a petition for divorce might have been presented; or (b) on the ground of failure to comply with a decree for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.
(2) Where the court grants a decree for judicial separation, it shall be no longer 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 of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
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