Close Menu
LawLex.OrgLawLex.Org
  • Lex Bulletin
    • Call for Papers
    • Conference
    • Essay Writing
    • News
    • Seminar
    • Moot Court
  • Lex Pedia
    • Lex Articles
    • Lex Review
  • Internships
    • Internship Experience
    • Internship Opportunities
  • Career
    • Career Advice
    • Career Opportunities
  • Courses
    • Classroom Courses
    • Distance Courses
    • Online Courses
  • International Events
  • Videos
  • Misc
Facebook X (Twitter) Instagram
Saturday, July 12
Facebook X (Twitter) Instagram
LawLex.OrgLawLex.Org
  • Home
  • About Us
    • Our Team
    • Campus Ambassadors
  • News
  • Lex Pedia
    • Lex Articles
    • Lex Review
  • Lex Bulletin
    • Call for Papers
    • Courses
    • Career
    • Internships
    • Interviews
    • CLAT
    • MUN
  • YouTube
  • News
  • Work With Us
  • Contribute
    • Log In
LawLex.OrgLawLex.Org
Judicial Separation under Hindu Marriage Act,1955

Judicial Separation under Hindu Marriage Act,1955

0
By Rahul Sharma on Jul 21, 2020 Lex Articles, Lex Pedia
Share
Facebook Twitter LinkedIn Pinterest Email

Introduction

As per our Vedas, marriage is a life-long companionship of two people. Hindu marriage is considered as one of the most important sacraments. As per Hindu marriage Act , 1955 a valid marriage if following conditions are satisfied:

  1. neither party has a spouse living at the time of the marriage
  2. at the time of the marriage, neither party,-
    1. is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
    2. though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
    3. has been subject to recurrent attacks of insanity or epilepsy.
  3. the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage.
  4. the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two.
  5. he parties are not Sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

As per our tradition marriage is life-long commitment so divorce and separation have always been a topic of discussion. But Hindu marriage act does provide provisions for divorce as last resort but before this, it tries to maintain sacrament of marriage. So the concept of judicial separation was introduced so as to give chance to both parties to reconcile and save their marriage.

Section 10 States that :

  1. Either party to a marriage, whether solemnized 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.

As per section 13(1) of the act the following grounds are available for getting decree of judicial separation by either of the spouse : 

  1. bigamy,
  2. cruelty,
  3. desertion,
  4. conversion of religion,
  5. unsoundness of mind.

And provision available to only wife under section 13(2) of the act for getting decree of judicial separation are if husband is guilty of rape, sodomy  and if wife was nit major at time of the marriage and after attainment of the age  don’t want to be married. 

Difference between Judicial Separation and Divorce 

Basis

Judicial Separation

Divorce

Termination It doesn’t terminate the marriage. It Does terminate the marriage.
Time limit Petition for judicial Separation can be filed any time after the marriage . Petition for Divorce can only be filed after 1 year of marriage
Judgement process Judicial Separation goes through one stage judicial procedure. Divorce Petition goes through two step judicial procedure.
Provisions In Matrimonial Causes Act 1973  Provision of matrimonial act 1973 is not applicable to judicial separation Provision of matrimonial act 1973 is not applicable to divorce
Also Read:  Internet Ban in Kashmir - Balancing Liberty and Security?

Procedure for Judicial Separation

Any Spouse can file for judicial separation under section 10 of the act in the district court of the if the following condition are satisfied:

  1. The marriage is a valid marriage under Hindu marriage act
  2. The respondent should be residing in the jurisdiction of the court where the petition is being filed
  3. The husband and wife should be living together for a particular period of time

The petition should be filed according to Order VII Rule 1 of the Civil Procedure Code, 1973 and must contain:

  1. the name of the Court in which the suit is brought;
  2. the name, description and place of residence of the plaintiff;
  3. the name, description and place of residence of the defendant, so far as they can be ascertained;
  4. where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
  5. the facts constituting the cause of action and when it arose;
    the facts showing that the Court has jurisdiction;
  6. the relief which the plaintiff claims;
  7. where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and
  8. a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.

Conclusion

Although act doesn’t define the period of decree for judicial separation under section 10 but after one of judicial separation it could be ground for divorce. The couple after getting the decree for judicial separation any time file rescind of the decree if they decide to reconnect with each other also if court is satisfied with the statement under section 10(2) of the act it has power to rescind the decree.

Judicial separation is one step before the divorce which is given to husband and wife to save their marriage as marriage is treated as sacrament and our legislature always try to save it from getting terminated permanently. So Judicial Separation is a great provision of the act to provide couple last chance to resolve there martial issues and save their marriage.

Reference

Judicial Separation under Hindu Marriage Act, 1955

Section 10 in The Hindu Marriage Act, 1955- Indian Kannon

Judicial Separation in India

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Leave A Reply Cancel Reply

You must be logged in to post a comment.

Call for Blogs
Call for Blogs
Support Us

Please enter a description

USD

Please enter a price

Please enter an Invoice ID

WRITE A CASE SUMMARY
CATEGORIES
Recent Posts
  • Invitation to attend International Conclave at The Hague – Legal Frameworks & Global Governance, 2-7 June 2025
  • Why “No Win, No Fee” Is a Cornerstone of Access to Justice
  • What to Do If an Insurance Company Denies Your Personal Injury Claim?
  • What Municipal Courts Serve Anniston AL
  • How to Start a Cannabis Business

Subscribe to our Newsletter

Subscribe to our mailing list and get interesting stories handpicked for you.

Thank you for subscribing.

Something went wrong.

We respect your privacy and won't spam you

  • Front Page
  • About Us
  • Advertising
  • Calendar
  • Contribute
  • Lawlex Campus Ambassadors
  • Lawlex YT Channel
  • Log In
  • Newsletter
  • Our Team
  • Privacy Policy
  • Register
  • Support Us
  • Terms & Conditions
  • Work With Us
  • Your Profile

Copyright © 2021 All Rights Reserved. For collaborations contact mail.lawlex@gmail.com

All Rights Reserved!
  • Front Page
  • About Us
  • Advertising
  • Calendar
  • Contribute
  • Lawlex Campus Ambassadors
  • Lawlex YT Channel
  • Log In
  • Newsletter
    Featured
    Recent

    Invitation to attend International Conclave at The Hague – Legal Frameworks & Global Governance, 2-7 June 2025

    Apr 17, 2025

    Why “No Win, No Fee” Is a Cornerstone of Access to Justice

    Mar 29, 2025

    What to Do If an Insurance Company Denies Your Personal Injury Claim?

    Mar 5, 2025
  • Our Team
  • Privacy Policy
  • Register
  • Support Us
  • Terms & Conditions
  • Work With Us
  • Your Profile

Type above and press Enter to search. Press Esc to cancel.