Code

Judicial separation.—
1[(1) Either party 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.

Explanation

Section 10 of the Hindu Marriage Act deals with the legal process of obtaining a judicial separation. This means the court legally recognizes the separation of a married couple, allowing them to live separately without dissolving the marriage itself.

• Grounds for Separation: Section 10(1) states that either spouse can petition for judicial separation on the same grounds as they could petition for divorce, as outlined in Section 13 of the Act. These grounds include things like adultery, cruelty, desertion, and more.
• Distinct from Divorce: While judicial separation is a legal separation, it does not end the marriage. It simply allows spouses to live separately and stop cohabitating.
• Rescission of Decree: Section 10(2) outlines that the decree for judicial separation can be rescinded. This means the court can end the legal separation and bring the couple back together if both parties petition for it and the court finds it just and reasonable.

Illustration

Imagine a couple, Maya and Raj, who have been experiencing serious marital problems. They have been living separately for several years, and Maya decides she wants a legal separation to formally acknowledge their separation. She files a petition for judicial separation based on grounds of cruelty. The court, after considering the evidence, grants the petition, and Maya and Raj are now legally separated. They can continue to live separately, but the marriage itself is not dissolved.

Years later, Maya and Raj reconcile and decide they want to live together again. They file a petition to rescind the decree for judicial separation. The court, after hearing their case, finds it just and reasonable and rescinds the decree, allowing them to reunite as a married couple.

Common Questions and Answers

Q: Can I remarry after a judicial separation?

A: No. A judicial separation is not a divorce. You are still legally married and cannot remarry.

Q: What are the legal implications of judicial separation?

A: A judicial separation means you do not have to live with your spouse, but you are still legally married. This means aspects like inheritance and property rights are still determined based on the marriage.

Q: Can a judicial separation be a stepping stone to divorce?

A: Yes. In some cases, couples may seek a judicial separation as a way to try and reconcile. If reconciliation does not happen, they can then later petition for divorce.

Q: Can I obtain a judicial separation without my spouse’s consent?

A: Yes, a judicial separation can be obtained even if your spouse opposes it, as long as you provide sufficient evidence to support your grounds for separation.