Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, says: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights. If a spouse refuses cohabitation, the other spouse can move the family court seeking a decree for cohabitation.
Further, If you seek permanent separation, in terms of Hindu religion, there are two options- Judicial separation and Divorce. Judicial separation gives both sides to a strained marriage some time for introspection, so that termination of a marriage by means of divorce may be prevented.
GROUNDS FOR DIVORCE AND JUDICIAL SEPERATION ARE THE SAME-
(i) voluntary s*xual intercourse with any person other than his or her spouse after solemnization of marriage;
(ii) Cruelty
(iii) Spouse deserted the other spouse for a continuous period of not less than 2 years immediately preceding the presentation of the petition;
(iv) Ceased to be a Hindu
(v) Unsound mind
(vi) Virulent and incurable form of leprosy
(vii) venereal disease in a communicable form
(viii) Renunciation
(viii) Presumed dead for more than 7 years
- The judicial separation period is for one year.
- Spouses continue to be legally married. While the marriage has not been dissolved, they are not living together and cohabiting.
- No spouse is allowed to remarry
- During judicial separation, the court has to be convinced that neither of the spouses intends to continue co-habitation.
- Once the period of judicial separation is over, then the parties can petition for a divorce decree
To conclude if any of the grounds are applicable to your situation, you are entitled to the relief of judicial separation. Once the period of judicial separation is over, then the parties can petition for a divorce decree.
Hope this helps
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