Judicial separation and divorce

Dear querist ,if husband is fed up with the cruelity ,i advise to go for divorce on cruelity grounds rather than judicial seperation.

Thank you for your reply, Anish Thakur sir.

But, I want to know in what circumstances, can one opt for Judicial Separation and on what grounds it can be granted.

Sharath

Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce. The reason for the presence of such a provision under Hindu Marriage Act is the anxiety of the legislature that the tensions and wear and tear of every day life and the strain of living together do not result in abrupt break – up of a marital relationship. There is no effect of a decree for judicial separation on the subsistence and continuance of the legal relationship of marriage as such between the parties. The effect however is on their co-habitation. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her spouse .

The provision for judicial separation is contained in section 10 of the Hindu Marriage Act, 1955.judicial seperation can be had on any of the following grounds:

1. Adultery
2. Cruelty
3. Desertion
4. Apostacy (Conversion of religion)
5. Insanity
6. Virulent and incurable form of leprosy
7. Venereal disease in a communicable form
8. Renunciation of world by entering any religious order
9. Has not been heard of as being alive for seven years