judicial separation

A decree of judicial separation relieves the spouses of the duty to cohabit, but they remain husband and wife: neither can remarry. Under Section 10 of the Hindu Marriage Act, 1955 either spouse may seek it on any ground on which divorce could be sought under Section 13(1) (and the wife on the additional grounds in Section 13(2)). The court may rescind the decree if it considers it just and reasonable.

If cohabitation is not resumed for one year or more after the decree, either party may petition for divorce under Section 13(1A)(i). Judicial separation is thus a middle path that gives time for reconciliation. Comparable provisions exist in the Special Marriage Act and the Divorce Act.

Example

Unwilling to end the marriage at once, the wife sought judicial separation on the ground of cruelty under Section 10 of the Hindu Marriage Act.

In Indian law

• Sections 10 and 13(1A), Hindu Marriage Act, 1955
• Section 23, Special Marriage Act, 1954

See also

divorce · restitution of conjugal rights · cruelty · desertion

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