Hindu Marriage Act Section 10 — Judicial separation

General

Summary

Either spouse can ask the court for a judicial separation using the same reasons that would allow them to file for divorce, and a wife can also use the additional grounds available to her for divorce. Once a judicial separation is granted, the person who asked for it is no longer required to live with their spouse. However, either spouse can later ask the court to cancel the separation order, and the court may do so if it believes the request is fair and reasonable.

Official Text

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(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

(2) 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. NULLITY OF MARRIAGE AND DIVORCE