Judicial separation

Good evening,

Judicial separation under Section 10 of the Hindu Marriage Act 1955, in simple terms refers to separation granted by the court to the legally wedded partners, if either of the partners apply for it. It is to give them time away from each other to contemplate if they want to go through with the divorce. It gives the partners a chance to reconcile their differences. Here, they'll be permitted to stay under different roofs, but still can keep their relationship status as married.

Grounds for judicial separation are- 

1. Cruelty (both mental and physical cruelty)
2. Adultery
3. Desertion
4. Conversion of religion
5. Insanity, leprosy, renunciation, and more.

Divorce, as under Section 13 of the Hindu Marriage Act, is the next step of judicial separation. After judicial separation, if the partners decide that they do not want to continue their marriage, then the judicial separation will convert into divorce, which is a legal separation and cut off of all matrimonial obligations. A divorce can only be filed after completion of one year of marriage, and it completely dissolves the marriage permanently.

I hope this helped!

Regards,

Nandini