Hindu Marriage Act,1955

Act No : 25

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Section : Judicial separation.

10.3[Judicial separation. (1)Either patty to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. NULLITY OF MARRIAGE AND DIVORCE

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Prakash Yedhula wrote on 02 May 2009

In spite of the fact that both the husband and wife are living under the same roof, there may be a case of desertion when there is positive evidence exhibiting neglect, indifference or overt acts of estrangement on the part of one.-T.k. Chatterjee v.Kamala Chatterjee AIR1989 Cal. 74.

Prakash Yedhula wrote on 02 May 2009

Petty domestic quarrels, cause being the presence of mother in law in the family, cannot be treated as mental cruelty.-Yashoda Dai.v.K.B.Kalavkar AIR1992 Kar 368.

Prakash Yedhula wrote on 02 May 2009

Where the wife deprived her company for two and a half years and for this there was no fault on the part of husband it was held that it indicated the disruption of marriage and it would be ridiculous to allow marriage to survive.- Ratneshwar Misra v.Prem lata Devi1987 (1) HLR 255

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