We will discuss the definition of Judicial Separation and various other things related to it in this blog. Sometimes it becomes hard for husband and wife to live together, in such situations couple can take the legal way to separate from each other. Judicial Separation is a process in Indian law that gives the couple an opportunity to resolve the problems in their married life.
Definition of Judicial Separation
The process of judicial separation basically gives an opportunity to the married Hindu couple to resolve their marital problems without getting separated. This process is the last hope for the couple before their legal separation (divorce).
Even after obtaining the legal decree, the couple is still married before the law, as judicial separation does not dissolve the marriage. Basically, the decree of judicial separation releases the parties from the obligation of living together under one roof. When the decree is passed in the favor of a party he/she is no longer obligated to live together with their partner.
The matter of judicial separation in Faridabad may be filed in the family court, which has a jurisdiction over the area where:
- The last time couple resided together
- The couple got married or their marriage got solemnized, or
- Either of the party to marriage resides at the time of filing of the Petition.
The Petition for Judicial Separation should be filed by the best Family lawyers in the family court. And the petition must mention:
- The date at which the marriage was solemnized and place of marriage,
- Details of the husband and wife,
- Present living status of the husband and wife,
- Rituals followed by the couple,
- The grounds of divorce being relied upon for separation, and
- The relief asked by either of the party.
Grounds to File Judicial Separation Petition in the Faridabad Court
Judicial Separation is defined under Section 10 of the Hindu Marriage Act, 1955. It states that any party to the marriage can go ahead to file a petition of Judicial Separation in a Family court with help of a good family lawyer. The petition could be filed on various grounds:
- The other party either husband or wife has, after solemnization of the marriage, treated the other with cruelty;
- The other party either husband or wife, was engaged in sexual intercourse with any person other than the party to the marriage;
- that the other party is of unsound mind and is incurable or either of the party to marriage is suffering from continuous mental disorder, which is of such extent that the petitioner cannot live with his/her spouse;
- that any of the party to marriage before filing the petition has deserted the other party for a minimum period of 2 years;
- The other party to the marriage has ceased to be a Hindu by conversion to another religion, Ceased to be Hindu means a party to the marriage got converted to a non-Hindu faith such as Parsi, Islam, Christianity, or Zoroastrianism.;
- The other party to the marriage has been heard alive for a minimum of past 7 years, and he/she is presumed to be dead.
- The other party to the marriage has been suffering from communicable form of venereal disease, or
- The other party to the marriage has renounced the world and has entered in any religious order.
If in a divorce matter, the Court deems fit as per the facts of the case and then instead of the Decree of Divorce, judicial separation can be granted. As per section 10(2) of the Hindu Marriage Act “Where a decree for judicial separation has been passed, it shall no longer be 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.”
In case of matter pertaining to Family Law in Faridabad you can contact –
Advocate Sunil Kumar Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
