Marriage is more like a journey of two companions, a journey filled with a lot of joy, love, sacrifices and a lot of mess too. Every marriage is beautiful in its own way, different but not all of them last forever.
While on this ride, a lot of couples lose that joy, compatibility and end up parting ways. Not many know that it is not just divorce that is the only option to bring marriage to an end. The Indian marriage laws have another option for the married couple to separate.
What Is Judicial Separation?
Judicial separation is a legal process by which a married couple gets formally separaated. However, it is much different than divorce. Judicial separation doesn't take away the legal status of the husband and wife, both the partners have to still fulfill the marital obligations but they can reside separately.
Jaideep Singh, Advocate, Delhi High Court shared,"Judicial separation is given under section 10 of the Hindu marriage Act 1955. It is a provision by which either the husband or the wife after any point of time after getting married may in lay man terms ask for a time off from the marriage and seek separation from cohabiting together by a decree of the court while remaining husband and wife.
Grounds For Judicial Separation
The expert further shared, "Now the grounds by which judicial separation can be granted are the same grounds which are mentioned under section 13 of the Hindu marriage act which are for divorce."
- Mental and physical cruelty
- Adultery, voluntary sexual intercourse with a person other than spouse
- Conversion from Hinduism to another religion
- Suffering from mental disorder
- Abandonment for a continous period of not less than 2 years without reasonable cause and consent
- Unsoundness of mind
- Cohabitation between parties for one or more years
"Under a decree of judical separation the husband and wife will remain married however they are not bound to cohabit with each other. The husband or the wife either of them can file a petition seeking judicial separation from the other and that to at any point of time," the expert added.
Who Can File For A Judicial Separation?
The expert shared that judicial separation can be filed by either the husband or the wife however the marriage needs to be solemnized as per the act.
What Is The Difference Between Judicial Separation And Divorce?
Judicial separation is an alternative for divorce but many don't really know how the two are different. Jaideep Singh, Advocate, Delhi High Court shared, "Judicial separation is different from divorce which is given under section 13 of the Hindu Marriage Act 1955. In divorce as per section 13 a period of 1 year is mandatory as per the act before filing a petition of divorce however in judicial separation their is no such period given."
- Divorce puts an end to the marriage but judicial separation still gives the couple time for reconciliation.
- Divorce takes away the status of the wedded couple but with judicial separation, the couple is still married.
Lastly, the expert shared, "Judicial separation only puts a pause on the marriage as compared to a divorce which ends the marriage."
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