Judicial Separation under Hindu Marriage Act

Judicial Separation

The idea behind marriage is to forge a bond between the husband and wife. Old Hindu Laws stipulate that marriage is the official rite and a religious bond that cannot be severed. Smritikars asserts that a husband and wife’s relationship cannot be severed even by death. The purpose of marriage is to enable both a man and a woman to fulfill the religious obligations of the life that God created.

A man, according to ancient texts, was incomplete without a woman, and a woman (ardhangini), without her spouse, is likewise incomplete. According to current legislation, a person may request relief under the Hindu Marriage Act if they do not want to continue living together after marriage.

Judicial Separation

According to the law, judicial separation is a way to offer both partners in a troubled marriage some time for introspection. The law encourages husbands and wives to live apart while also giving them the opportunity to reconsider the length of their relationship. It is the final option available to both spouses for the formal dissolution of the marriage and gives them the freedom and independence to consider their future course.

Filing petition for judicial separation

According to Section 10 of the Hindu Marriage Act of 1955, any spouse who feels injured by another spouse may ask for judicial separation in a district court. To do so, the conditions listed below must be met:

  • According to the Hindu Marriage Act, the marriage between the husband and wife must be suitably commemorated.
  • The jurisdiction of the court where the petitioner filed the petition should be established for the respondent.
  • Before the petition was filed, the husband and wife shared a residence for a specific amount of time.
  • Judicial Separation Causes
  • According to Section 10 of the Act, either spouse may request a judicial separation on the following grounds:

 Circumstances under which a file can be filed

  • SECTION 13(1)(i): Adultery

– It refers to situations in which a spouse has deliberately engaged in sexual activity with someone other than his or her spouse. The party who was wronged may seek redress in this case, however, the extramarital relationship must take place after the marriage.

  • Animal abuse [Section 13(1)(i-a)] –

When a partner is cruelly treated or subjected to physical or emotional abuse after the marriage. The victim may submit a petition alleging mistreatment.

  • Abandonment [Section 13(1)(i-b)]

– According to this clause, desertion offers the injured party the ability to seek for judicial separation if the departing spouse did not inform the remaining spouse for at least two years prior to the other spouse submitting the petition.

  • Apostasy [Section 13(1)(ii)] and conversion

– The other spouse may seek for judicial separation if one spouse converts to a religion other than Hindu.

  • Unsound mind [Section 13(1)(iii)]

If one spouse in a marriage has a mental illness that makes it impossible for the other spouse to live with them. The other spouse may ask for court separation relief.

  • Leprosy [Section 13(1)(iv)]:

If one spouse has a chronic illness like leprosy from which there is no cure, the other spouse may ask for judicial separation so as not to squander their own time on the afflicted spouse.

  • Venereal Condition [Section 13(1)(v)]

If a party to a marriage or a spouse has a disease that is incurable and contagious and the spouse was unaware of this information at the time of marriage, it may be a legal basis for the spouse to file for divorce.

Conclusion

In our country, marriage is seen as a holy bond, but if a person is unhappy in a relationship, they should be able to end it. People believe that they can obtain a divorce under the Hindu Marriage Act of 1955 and be free of their marriage. A breakup without a good reason is not permitted under this Act.

It should be possible to seek for judicial separation or divorce on certain grounds, according to the spouse. This Act contains a fantastic regulation to settle disagreements between spouses and release them from their marital obligations.

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