Under Section 10 of the Hindu Marriage Act, 1956, the provision for judicial separation is the opportunity for a married couple to seek an order invalidating their right to cohabitate without breaking off the marriage completely to introspect and give their marriage another chance before moving onto divorce proceedings.
Under Section 10 of the Hindu Marriage Act, 1956, the provision for judicial separation is the opportunity for a married couple to seek an order invalidating their right to cohabitate without breaking off the marriage completely to introspect and give their marriage another chance before moving onto divorce proceedings. The following are the steps required for the filing of the application for judicial separation.
Although the proceedings and the requirements for the hearings of divorce and judicial separation are similar, it is essential to understand the difference between the two before seeking further action. The termination of marriage only takes place post-divorce proceedings, whereas judicial separation does not terminate the marriage.
It is essential to emphasize the timing of filing for either matter in court as a mishap can waste the time of the judiciary. It is essential to understand that application for judicial separation can be filed any time after the occurrence of the marriage. In contrast, divorce proceedings can only be filed only after one year of the date of marriage.
Under section 10 of the Hindu Marriage Act, 1955 (HMA) either party to a marriage can file for judicial separation upon the fulfilment of the following essential criteria. The first of these requirements is that the marriage should have taken place as per Hindu rituals and customs and must have been registered under the HMA.
For the filing of a successful application for judicial separation, it is essential for the fulfilment of certain essential criteria and therefore, the next required point is that the petitioner should be settled within the jurisdiction of the court of the filing of the application.
Section 10 of the Hindu Marriage Act, 1955 provides the grounds for the decree of judicial separation to be filed. The grounds for the decree of judicial separation do not defer in nature from the grounds of the decree of divorce meaning they are identical. Still, due to the nature of the Indian courts, judicial separation is granted before the absolute end of a marriage.
Section 13 (1)(i) and Section 13 (2)(i) are the sections describing the grounds of adultery and bigamy, respectively. Adultery is the act of voluntary sexual intercourse of a married individual with someone other than their spouse. Bigamy is the act of indulging in two marriages at the same time. Both are grounds for the filing of judicial separation as well as divorce.
Section 13 (1)(i-a) and Section 13 (1)(i-b) are the sections describing the grounds for cruelty and desertion, respectively. The section describes the grounds as one spouse inflicting cruelty on their spouse after the solemnization of the marriage. Desertion, on the other hand, is when their spouse abandons one for more than two years. Both are grounds for the filing of judicial separation as well as divorce.
Section 13 (1)(iv) and Section 13 (1) (v) are the sections describing the grounds for leprosy and venereal disease. Leprosy refers to if a party to a marriage is suffering for incurable leprosy. On the other hand, in the case of venereal disease, even if it is in a communicable form, it can be used as a ground for the filing of judicial separation as well as divorce.
Other grounds such as unsound mind, renunciation of the world, civil death, as seen in Sections 13 (1) (iii) (vi) (vii). If these grounds, as can be seen in the HMA, have been violated then the party is distress has the right to file and seek a decree for judicial separation instead of the full end of the marriage through divorce.
The rules need to be followed and the correct information to be presented as per Order VII Rule 1 of the CPC. The required details to be mentioned in the petition is the date and place of marriage, the requirement of being a Hindu, address, date of birth of a child if any and there should be evidence for all the grounds through which the decree of judicial separation has been filed.
Although members of society who file for judicial separation usually file the decree as they are seeking to terminate their marriage through divorce, it can often be beneficial for the repatriation of a troubled marriage. Yet, the procedure for the filing of a decree of judicial separation is crucial and should be followed as per the steps provided above.
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