Judicial Separation

Hindu Law:

Any individual who is a Hindu by religion (counting a Virashaiva, a Lingayat or a supporter of the Brahmo, Prarthana or Arya Samaj) or who is a Buddhist, Jaina or Sikh can apply for Judicial Separation under the section 10 of The Hindu Marriage Act, 1955. When the judicial separation has been in all actuality, it will not be mandatory for the parties to live together.

Either husband or wife may file a petition for judicial separation on any of the accompanying grounds: 

  • Adultery for example deliberate sex with any individual other than their life partner 
  • Cruelty from any of the parties in a marriage including both mental and physical Cruelty
  • Desertion for a nonstop time of at least two years without sensible reason and assent 
  • The transformation from Hinduism to some other religion 
  • Unsoundness of brain 
  • Experiencing consistently or irregularly mental disorder issue 
  • Experiencing a harmful and hopeless type of sickness which can be virulent
  • Experiencing venereal ailment in a transmittable structure 
  • Renunciation of the world by entering any religious obligation
  • Not know about being alive for a time of seven years or more by those people

A wife may likewise file a petition for the judicial separation on the accompanying grounds as well 

  • Polygamy 
  • Liable of assault, homosexuality or brutishness 
  • Dwelling together between the parties has not been continued for one year or upwards after an order from the Court 
  • The marriage occurred before achievement of the age of fifteen years


A Muslim lady has a privilege to live independently or separately on the accompanying grounds:

  • Impotence 
  • Pitilessness or Cruelty
  • Unpredictable Marriage 
  • Inability to perform commitments referenced in the marriage contract 
  • Spouse has been outcasted 
  • The course of action of marriage by a guardian other than the dad


The Christian couples can get Judicial Separation by filing a petition under The Indian Divorce Act, 1869.

Justification for Judicial Separation: 

  • The spouse or wife may acquire a pronouncement of judicial separation, on the grounds of:
  • Infidelity or Adultery
  • Cruelty
  • Desertion without sensible reason for a long time or upwards

Where to record the petition

The petition must be filed in the District Court of where:

  • the marriage was solemnized
  • the respondent lives
  • the parties to the marriage last lived together
  • the candidate dwells in specific situations

Where to file the petition:

Based on the previously mentioned grounds, the aggrieved party can record the petition for Judicial Separation under the watchful eye of the District Court inside whose jurisdiction the marriage took place, or where the respondent lives, or where the parties last lived together. 

The petition will state, as particularly as the idea of the case allows, the realities on which the case is established.

Distinction Between Judicial Separation and Divorce:

Despite the fact that the grounds and methodology for judicial separation and divorce are the same, there are sure contrasts between the two. While divorce closes all the commitments and obligations related to the conjugal relationship, judicial separation doesn’t remove the lawful status of a married couple. Judicial separation doesn’t stop the marriage; both the accomplices are as yet required to satisfy all the conjugal commitments with the exception of the way that they’re permitted to dwell independently or separately. Following one year, on the off chance that there is no resumption of dwelling together, at that point the couple might be allowed divorce by the Court.


Why did Divorce view as a superior choice?

  • Divorce ends the marriage and stops all the commitments related to it. 
  • People who are isolated can’t get remarried until they officially divorce.

Why might Judicial Separation be viewed as useful?

  • It doesn’t stop the marriage, and there is still space for compromise. 
  • It gives the two parties reality to reevaluate their marriage and put forth attempts to spare their bombed marriage without being necessarily obliged to dwell together. 
  • It forestalls sporadic and hurried choices of consummation marriages. 
  • On the off chance that they neglect to defeat contrasts, they can apply for divorce following one year. 
  • During judicial separation, the spouse can’t drive a sexual association with the wife without her assent. It will add up to assault or rape.