Understanding Judicial Separation and Its Implications

Matrimonial disputes are common. These disputes arise due to misunderstanding, lack of communication and indifferent behaviour between spouses. Therefore, to address these situations, the Hindu Marriage Act, of 1955 provides several matrimonial remedies, one of which is judicial separation.

The Hindu Marriage Act, of 1955 outlines judicial separation u/s 10. Here, it states that judicial separation is a legal process that entails a legal break from a marriage prior to divorce. Such a situation arises when both spouses agree to separate for a specific period. During this tenure, the couple retains the legal status of being married but lives separately. The main objective behind judicial separation is to allow the parties to reconcile their differences. The honourable court assumes that partners will use this period to solve their misunderstandings.

Understand Judicial Separation with Example

Let’s understand the meaning of judicial separation with the help of a hypothetical example. Consider a married couple, A and B, their marriage is going through a rough patch. As a result, both partners decide to take a divorce. So, they file their divorce petition with the court. However, the court ordered a judicial separation for one year. During this period, the couple manages to resolve their differences and decide against divorce. They withdraw their application and restart their married life on a positive note.

Now take another scenario, assuming that the couple fails to reconcile their disagreements. So, they decide to proceed further with divorce proceedings after the completion of the separation period.

Grounds for Judicial Separation

Grounds for judicial separation include:

Cruelty

Adultery

Desertion

Conversion

Insanity

Leprosy

Venereal disease

Renunciation

Presumption of death

In Sohan Lal v Kamlesh case, the court passed a milestone judgment. As the wife was unable to maintain herself, the court allowed the wife to claim maintenance.

The Relevance of Judicial Separation in Marital Disputes

Many times marital disputes are not severe, but communication gaps and ego tussles make them worse. Judicial separation is a good option to give a second thought to your relationships. When spouses separate, they get time to think about their relationships from a new perspective. However, if a couple still finds their relationship toxic, they can reach out to court after the completion of their separation period. So, hiring a good divorce lawyer can be a good move.

People who are residing in the NCR region and looking for the best divorce lawyer in Gurgaon. They can easily approach us or any good divorce lawyer in Gurgaon. Their lawyer will brief them about their rights and help them to avail a divorce.