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Judicial Separation


What is the difference between Judicial Separation and Divorce

Judicial separation is different from divorce. In case of judicial separation court orders for the probation of co-habiting the couple but still both wife and husband shall remain in the same ties of marriage obligations. Whereas divorce is end of marriage.

U/S 10 of the Hindu Marriage Act, 1955.

  • 1 Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party-
    • a) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
    • b) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or
    • c) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or
    • d) has, immediately before the presentation of the petition, been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or
    • e) has been continuously of unsound mind for a period of not less than two years immediately preceding the presentation of the petition; or
    • (f) has, after the solemnization of the marriage, had sexual intercourse with any person other than his or her spouse.

MUSLIM Law.

No provision so far enabling parties to the marriage parties to the marriage to seek the remedy of judicial separation.

U/S 22of the Indian Divorce Act, 1869. (for Christians)

Judicial Separation on grounds of :
  • Adultery
  • Cruelty
  • Desertion, without reasonable excuse for two years or more

U/S 34 of the Parsi Marriage & Divorce Act, 1936.

Suits for judicial separation.—Any married person may sue for judicial separation on any of the ground for which such person could have filed a suit for divorce

U/S 23 of the Special Marriage Act, 1954

(1)A petition for judicial separation may be presented to the district court either by the husband or the wife,—

  • (a) on any of the grounds specified 1[in sub-section (1)] 2[and sub-section (1-A)] of section 27 on which a petition for divorce might have been presented; or

  • (b) on the ground of failure to comply with a decree for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.

(2) Where the court grants a decree for judicial separation, it shall be no longer 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.

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