Judicial Separation under

Hindu Marriage Act, 1955

 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

About the last option available to both the spouses for the legal breakup
of the marriage.

Section 10 of the Hindu Marriage Act, 1955 provides the Judicial

Separation for both the spouse, those who are married under the
Hindu Marriage Act, 1955. They can claim the relief of Judicial
Separation by filing a petition. Once the order is passed, they are
not bound to have cohabitation.
Filing petition for Judicial Separation

Any spouse who is hurt by another spouse, can file a petition for Judicial Separation in a District Court under
Section 10 of the Hindu Marriage Act, 1955 and the following should be satisfied:

The marriage between the husband and wife should be celebrated properly under Hindu marriage Act.

The respondent should be settled in the jurisdiction of the court where the petitioner filed the petition.

The husband and wife lived together for a particular period of time before the filing of petition.
Grounds for Judicial Separation
Adultery Judgment
[Section 13(1)(i)]- It means where any of the The law does not permit the husband of the
spouses voluntarily had sexual intercourse with offending wife to prosecute his wife and the wife
any other person except his/her spouse. Here, the also has not permitted to prosecute the offending
aggrieved party can claim the relief but that husband for being disloyal to her. Therefore, both
intercourse should be placed after the marriage. the husband and wife have no right to strike each
other with the weapon of criminal law.
Revathi Vs. Union of India and Ors – In this case,
the Court held that Section 497 of IPC is prepared
like, a husband can not prosecute the wife for
defiling the sanctity of the married tie by the
charge of adultery.
 [Section 13(1)(i-a)]- When the spouse treats
his/her partner with cruelty or inflicts any mental
or physical pain after the marriage. The sufferer
can file a petition on the grounds of cruelty.

Case- Shyamsundar Vs. Santadevi – in this case

Cruelty after the marriage, the wife was badly harmed by
her husband’s relatives and the husband also stood
lazily, taking no steps to protect his wife.

The Court held that the intentional neglect to

protect one’s own wife amounts to cruelty on the
husband’s part.
 [Section 13(1)(i-b)]- In this section, it is defined that 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.

Desertion
Case- In the case, Guru Bachan Kaur Vs. Preetam Singh, the
husband filed a petition for divorce after 7 years of declared
desertion and never understood the problems of the wife who
was also a working woman. But the wife was willing to live with
her husband at her house in the place of her service.

The High Court held that there is nothing like mutual desertion.
One party has to be guilty in desertion.
 Conversion/ Unsound mind [Section 13(1)(iii)]- If
any spouse in a marriage is suffering from any
Apostasy mental disease which is difficult to live for the
other spouse with the sufferer. The other spouse
can claim relief from judicial separation.
[Section 13(1)(ii)]- If any spouse gets converted into
any other religion other than Hindu, then the other
spouse can file for judicial separation.
Case- Anima Roy Vs. Prabadh Mohan Ray (AIR
Case- In Durga Prasad Rao Vs. Sudharshan Swami, it 1969) in this case, the respondent was found
was observed that in every conversion case, formal suffering from an abnormal disease after 2 months
rejection of religion or operation of the sacrificial of marriage. The doctor who checked the
ceremony is not essential. Therefore, in the case of
respondent also could not find the particular time
conversion, the question of fact arose.
of starting the illness. Therefore, it was held that
disease was not proved at the time of marriage.
Leprosy

[Section 13(1)(iv)]- If any spouse suffering from any disease like leprosy, which can not be
recovered, then the other party can file a petition for judicial separation because he/she can not
waste their own time due to the sufferer.

Illustration- ‘A’ a sufferer of an abnormal disease and ‘B’ is the wife of ‘A’. If ‘A’ is suffering from a
disease that is incurable and the doctor also can not understand the disease. In this case, ‘B’ can file
a petition for judicial separation if she doesn’t want to continue with her husband.
Venereal Disease

[Section 13(1)(v)]- 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.

Illustration- ‘A’ is suffering from an abnormal disease that is spread by communication. The disease
which is irrevocable. In this case, ‘B’ the wife of ‘A’ can file a petition for the judicial separation in
good faith for their future of the two children.
Renounced the
World

[Section 13(1)(vi)]- In Hindu law, by 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. If a spouse renounces the world to live a holy life, his/her partner can file for judicial separation.

Illustration- If ‘A’ changed his religion and went somewhere, where people also can not find him. ‘B’ the
wife of ‘A’ got hurt so much by hearing this news. Therefore she can file a judicial separation.
Civil death/Presumed death

[Section 13(1)(vii)]- 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. Here, the other spouse can file for
judicial separation.

Illustration- ‘A’ and ‘B’ have been husband and wife for 4 years and suddenly the husband disappeared for
about 8 years. ‘B’ as his wife she did her best to find her husband in these 8 years but she couldn’t find
him. Then, ‘B’ can file the judicial separation for this case.
Conclusion

A marriage is considered as a sacred relation in our nation but a person should have an exit from a
relationship when he/she is not happy with that relation. People have faith towards the Hindu Marriage
Act, 1955 that they can seek relief from the marriage by filing a divorce.

This Act does not allow for leaving a relationship without any valid reason. There should be particular
grounds on which the spouse can file a case for judicial separation or divorce.

This Act has a great rule to solve the disputes between the spouses and free them from marital ties.