Judicial separation is, in many cases, a part of the process towards divorce. Section 10 of the Hindu Marriage Act states the grounds under which judicial separation can be ordered. These grounds are similar in their nature to the grounds under which divorce can be sought.
If the party applying to the Court for judicial separation is successful, a decree is then issue by the Court for judicial separation. The practical effect of this is that the parties may then live separately. The standard of proof required to successfully apply for judicial separation, however, is lower than that required in contested divorce proceedings.
Once judicial separation has been issued by decree, so long as the parties have not cohabitated for a period of no less than twelve months, the parties can then apply for divorce.
Judicial separation proceedings can also be, subject to the Court’s approval, be converted into divorce proceedings.
Let us know more into detail about Judicial Separation in Mumbai.
What is judicial separation?
Judicial separation is the last step in the divorce proceedings, before the actual divorce itself. It can be called as the last resort before the complete legal breaking of the marriage. Through the decree of judicial separation, the court orders the husband and wife to live separately, giving each party time and space for introspection.
On what grounds can one seek judicial separation?
Section 10 of the Hindu Marriage Act of 1955 provides for judicial separation on the following grounds:
- Desertion by the other party for more than two years.
- Conversion to another religion.
- Incurable insanity, wherein it is not reasonable to live together.
- The other party has an incurable form of leprosy.
- Venerable disease in a communicable form.
- The other party has renounced all worldly affairs for religion.
- The other party hasn’t been heard of in the past seven years.
In case the wife is the one applying for judicial separation, apart from the grounds mentioned above, respite can be sought on the following grounds as well-
- On the grounds of an earlier marriage of husband a wife can seek judicial separation, provided that the earlier marriage was solemnized before the commencement of the Hindu Marriage Act, 1955, and that the other wife is alive at the time of filing of petition for judicial separation.
- Rape, sodomy, etc. by the husband after marriage is solemnized.
- In case of underage marriage, if marriage was solemnized even before the wife attained age 15, she can file a petition for judicial separation given that she has repudiated the marriage after the age of 15, but before the age of 18 years.
It is on all of these grounds that judicial separation can be sought. It is to be noted that the first nine grounds can be used by both the husband and wife, while the others are strictly reserved for the wife.
If you require any further assistance regarding Judicial Separation or divorce , get in touch with Divorce Lawyers Mumbai.