When staying together becomes almost impossible for a husband and wife and they wish to get formally separated, despite staying legally married. In an attempt to keep the sanguine bond of marriage intact and give the couple a chance to mend their differences in the marriage, the legal system in India provides for judicial separation. This blog explains the meaning of judicial separation, grounds for judicial separation and the legal effects of getting separated from a spouse in India.
What is Judicial Separation in India?
Judicial separation is a legal process whereby a married couple could get formally separated while staying legally married. The idea behind Judicial Separation is to give the marriage a chance by not ending the marital ties but by allowing the couple to stay apart, while still in the marriage. Judicial separation is a kind of a last resort before breaking the matrimonial ties.
The passing of the decree of Judicial Separation from District Court/Family Court Faridabad doesn’t dissolve the actual, marriage however it just relieves the parties of their duty and obligation to live together. Where the applicant receives a decree of judicial separation in his/her favour, it is no longer obligatory for him/her to cohabit with the spouse.
The petition for Judicial Separation has to be filed in the Family Courts Faridabad mentioning all the relevant facts like:
Detailed Information of the parties including names, age, address etc.
- The details about the marriage including date, place, rituals and ceremonies performed.
- Information about the consummation of the marriage.
- Current living status of the parties.
- The grounds being relied upon, and
- The relief being claimed
The petition could be filed in the family court having jurisdiction over the place where:
- The marriage was solemnized,
- The parties last resided together as husband and wife, or
- 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 on 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.
It is to be noted that even in a divorce matter, instead of the Decree of Divorce, which has been originally prayer for, the court can grant the Decree of Judicial Separation if it deems fit as per the facts and circumstances of the case.
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