Judicial Separation
When living together becomes difficult for a husband and wife, the couple may resort to legal proceedings. The first thought that may arise in minds is Divorce, but it must be noted that the Courts in India aim at attempting to keep the holy matrimony intact by trying to mend the cracks in the marriage.
The Hindu Marriage Act also provides for the provision of Judicial Separation for a married couple. The Judicial Separation is considered as the last leg before the marriage breaks down finally. Thus the court emphasizes upon providing an alternate relief instead of a decree of Divorce.
A Petition under the Section 10 Hindu Marriage Act may be filed praying for a decree of Judicial Separation by the husband of wife relying on any of the grounds specified as grounds of Divorce.
The grounds on which Judicial Separation can be granted are:
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Yes, if in a Divorce Petition, the Court deems fit as per the facts then instead of the Decree of Divorce, which has been originally prayer for, it, can grant the decree of Judicial Separation. If the Court considers it just and reasonable to do so and upon being satisfied with the truth, it may even rescind the decree of Judicial Separation.
Conjugal Rights refer to the right to stay together as a husband and wife. Thus if either the husband or the wife without reasonable justification, withdraw from the society, meaning that one party is guilty of staying away from the other without any proper reason, the aggrieved party can apply for the restitution of such conjugal rights to the Court of appropriate jurisdiction.
If the Court is satisfied with the facts stated in such petition and believes that there is no legal ground why the relief of Restitution of Conjugal Rights should not be granted, shall grant a Decree of Restitution of Conjugal Rights.
1. Requisites to be fulfilled for Section 9 relief
2. On what grounds can the petition for Restitution of Conjugal Rights be rejected?
3. Burden to prove
The petition for Judicial Separation has to be filed under the Section 10 of the Hindu Marriage Act, 1956. The petition must mention all the relevant facts like:
The petition for Judicial Separation has to be filed under the Section 9 of the Hindu Marriage Act, 1956. The petition shall again mention the details of the parties and other required details but also prove that the respondent has withdrawn from the society of the petitioner without a reasonable cause.
The Petition may be filed in the Family Court or in the District Court where:
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