Judicial Separation – Advantages and Effects

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Judicial Separation - Advantage and Effect
Judicial Separation - Advantage and Effect

What is Judicial Separation

Judicial Separation comes under section 10 of the Hindu marriage act. Where the marriage solemnized before or after the commencement of the Hindu Marriage Act, the husband or wife may file a petition for a decree of judicial separation on any grounds which have been specified in Section 13(1) of Hindu Marriage Act. And in the case of the wife also present the petition on any ground specified in section 13(2) of the Hindu Marriage Act. (Judicial Separation – Advantages and Effects)

If the decree of Judicial Separation passed by the Court, it is not obligatory for the petitioner to cohabit with the respondent. Either party of the court can make an application before the Hon’ble court and satisfy the court about the truth of the statement made in the petition of judicial separation. And on being satisfied, the court may cancel the decree of judicial separation if the court considers it just and reasonable.

Advantages of Judicial Separation

When a court passes the decree of Judicial Separation, the husband and wife live separately for a period of time to get adequate space, independency and time to rethink about the future of married life. So both the parties live separately without divorce. And if the parties are unable to connect with each other during the period of judicial separation. In that case, they can go for divorce

Effect of Judicial Separation (Judicial Separation – Advantages and Effects)

Even after the decree of judicial separation, the parties of the marriage remain married.

Judicial Separation - Advantage and Effect
Judicial Separation – Advantage and Effect

Grounds of Judicial Separation (Judicial Separation – Advantages and Effects)

Grounds of the Judicial Separation are the same as the grounds of Divorce which are as under:

Adultery

Presently in India, adultery has not called as a criminal offence. But Adultery has still ground of Divorce. Adultery means the sexual relationship with any individual other than the partner. In other words, it has consented sexual intercourse between a married person and another of the opposite sex. Adultery can establish by circumstantial evidence.

Cruelty

Physical Cruelty and Mental cruelty also come under Cruelty. Cruelty means both mental or physical cruelty by the husband or his family members. However, physical cruelty is easy to establish. But mental cruelty which inflicts the pain to such degree and duration that adversely affect the health, body reaction. Mental cruelty is a state of mind.

Cruelty includes impotency, dowry demand, denial of marital intercourse, Drunkenness, Incompatibility of temperament, adultery accusation etc.

Conversion

Conversion to another religion means either of two converts himself/herself into another religion. When one party has ceased to be Hindu and convert to any other religion.

Mental Disorder

Mental disorder is one of the grounds of divorce. When the respondent has suffered from incurable of unsound mind. And when the respondent has suffered intermittently from mental disorder of such a kind and to such an extent that the petitioner can not be expected to live with the respondent.

Venereal disease

Venereal disease means if one of the spouses suffers from an easily communicable disease. And the petitioner can take this ground for divorce when the respondent has suffered from a communicable form of Venereal disease. That the burden is on the Petitioner to prove that the respondent is suffering from the disease

Renounce the world

Renounce the world by entering any religious order is one of the grounds of divorce under Hindu Law. Either of the spouses may seek divorce when the other party has renounced the world.

Not heard of being alive for seven years

When a person has not heard alive for at least seven years, in that case, he may presume as dead. That the burden is on the petitioner to prove that respondent has not heard for seven years

Desertion

Desertion means if one of the spouses voluntarily abandons his/her partner for two years.  Rejection of either of the party from all the obligations of marriage. Therefore, the permanent abandonment of one spouse by the spouse without any reasonable cause and the consent of others. It is a total repudiation of marital obligation.

Following aspect are necessary to prove the desertion

The factum of separation, intention to the desert, desertion without any reasonable cause, without consent of other parties, the statutory period of two years.

Where to file the petition of Judicial Separation

Every petition shall be file to the district court

  1. Where marriage was taken place
  2. At the place where another party resides at the time of filing of the petition
  3. Parties to the marriage last resided together.

Frequently asked questions (Judicial Separation – Advantages and Effects)

Maintenance in Judicial Separation

The wife is entitled to maintenance under the petition of judicial separation. She can make an application for maintenance any time during the pendency of the petition.

Draft of Judicial Separation Petition

If anybody wants a draft of judicial separation, you can leave a message in the comment section we shall provide you.

How to live Separate without divorce in India?

Judicial separation is the option for those who want to separate without obtaining a divorce.

What is the restitution of conjugal rights?

Restitution of conjugal rights in simple words the guilty spouse has ordered to live with the aggrieved souse.

Power and functions of Family Court?

The family court has jurisdiction to entertain civil and criminal matters. Family court entertains all the matters relating to matrimonial disputes, maintenance, child custody etc.

Dating while legally separated (Judicial Separation – Advantages and Effects)

Dating is not allowed during the period of Judicial separation. The decree of Judicial separation does not dissolve the Marriage.

Meaning of Judicial Separation in Hindi?

न्यायिक पृथक्करण

What is Divorce by Mutual Consent?

In mutual consent divorce both the party get separated with their own agreed terms conditions. Mutual consent is the fastest way to get a divorce. In India, it takes six months to get a mutual consent divorce.

Meaning of Judicial Separation in Telgu?

న్యాయ విభజన

Conclusion (Judicial Separation – Advantages and Effects)

Decree of Judicial separation does not dissolve the marriage. It only suspends the matrimonial rights and duties during the period of judicial separation. Remarriage is not allowed during judicial separation