Cruelty - If either of the spouses inflicts mental or physical abuse on the other spouse, it counts as cruelty. The cruelty encompasses a comprehensive range of behaviour, which includes verbal abuse, neglect, emotional abuse, financial deprivation, physical abuse, etc. Desertion - If either of the spouses abandons the other without any justification or consent it can be a ground for judicial separation. Adultery - When one of the spouses cohabits with another individual. Insanity - When either of the spouses has been declared mentally unfit. Leprosy - If one of the spouses contracts leprosy in a communicable form, it becomes a ground for judicial separation. Venereal Disease - When one spouse contracts a disease in a communicable form.
Section 10 of the Hindu Marriage Act, 1955, provides for judicial separation. The act applies to the Hindus, Jains, Buddhists, and Sikhs.
Section 27(2) of the Special Marriage Act, 1954, has provisions for judicial separation. The act applies to inter-religious marriages.
The act applies to the Christians and Parsis. Section 10 of the Indian Divorce Act, 1869 provides for judicial separation.
If you need more clarity on judicial separation process, explore these FAQs to find your answers. We are here for you
The judicial separation allows the couple to resolve their marital issues without completely dissolving the legal bond of marriage. Further, judicial separation is a win-win for couples with religious and cultural reasons, or when there is a hope for reunion. Additionally, judicial separations can be less emotionally and financially exhausting than divorce.
Yes, a decree of judicial separation can be converted into a divorce decree after divorce proceedings. The judicial separation can be converted to divorce after a specific period of one year or more. This opens new doors after the hope of reconciliation fails.
Evidence like witness testimony, medical records, documents, and other relevant materials are very important in judicial separation cases. The court carefully reviews the evidence presented by both parties before granting a decree of judicial separation.
Both spouses can file the petition for judicial separation in the appropriate court.
These are the following consequences of the judicial separation: Legal Separation - The marriage remains intact even though the couple live separately. No Remarriage - None of the spouses can marry while the decree of judicial separation is in effect. Maintenance - The court might order one of the spouses to pay maintenance to the dependent spouse. Child Custody and Guardianship - The court also decides on matters related to child custody, guardianship and maintenance.
Counseling and meditation play vital roles in helping couples resolve their differences and reconcile. These services also help the couples communicate and figure out a way to a happy life.