Judicial separation
Section 10 of the Hindu Marriage Act deals with Judicial Separation. Judicial Separation is a medium under the law to give some time for self-analysis to both the parties of a disturbed married life. Law gives a chance to both the husband and wife to rethink about the extension of their relationship while at the same time guiding them to live separately. By doing this, the law allows them the free space and independence to think about their future path and it is the last option available to both the spouses before divorce.
Grounds for judicial separation are:
- Adultery- it means where any of the spouse has a voluntarily sexual intercourse with anyone other than his/her spouse.
- Cruelty- When the spouse treats his/her partner with cruelty or inflicts any mental or physical pain after the marriage
- Desertion- if the spouse left the other spouse for any reason without informing him/her for a period not less than 2 years before filing the petition by another spouse, desertion gives a right to claim relief of judicial separation for the hurt party
- Conversion- If any spouse gets converted into any other religion other than Hindu, then the other spouse can file for judicial separation
- Unsound mind- If any spouse in a marriage is suffering from any incurable mental disease which makes difficult to live for the other spouse with the sufferer. The other spouse can claim relief from judicial separation.
- Leprosy- If any spouse suffering from any disease like leprosy, which cannot be recovered, then the other party can file a petition for judicial separatio.
- Venereal disease- If any party to a marriage or a spouse has any type of disease which is incurable and communicable and the spouse does not know about the fact at the time of marriage, then it could be a valid ground for the spouse to file petition for judicial separation.
- Renounced the world- renouncing the world means “Sannyasa”. Renunciation from the world conveys that the person has given up the world and leading a holy life. He is considered a civil dead.
- Civil death- If a person is not found for 7 or more years and their relatives or any other person have not heard from him/her or it is believed that he/she may be dead.
We at Chaklan Associates provide assistance in Judicial Separation of the spouses.
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