(2) Where a decree for judicial separation has been passed, it shall no longer be 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. (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented. Section 10 reads as follows: Judicial Separation: Once a decree for judicial separation is passed, they are not bound to cohabit. Section 10 of the Hindu Marriage Act, 1955 deals with the Judicial Separation and provides that any party to a marriage, solemnized before or after the commencement of HMA, 1955 can seek relief of judicial separation by filing a petition. of a husband and wife and are not allowed to remarry.
The parties in the marriage continue to have the same titles i.e. A decree of Judicial Separation only suspends matrimonial rights and duties during the period in which the decree subsists and does not operate as an order for dissolution of marriage. It is a decree passed by the court in favour of the petitioner. Judicial separation is a means through which the parties can seek permission from the court for not being bound to cohabit with each other. With the enactment of HMA, the persons in a marriage do not need to stay in it and suffer anymore as they can seek relief under the Act by way of Judicial Separation or a decree of Divorce. Prior to enactment of Hindu Marriage Act, 1955, there was no provision through which the persons in a marriage could get out of it because of its failure. Difference between Divorce and Judicial SeparationĪ marriage is a sacred relationship established between two persons through various rituals and customs.Judicial Separation/Divorce under Hindu Marriage Act, Grounds, Remedy, Cases Judicial Separation/Divorce under the Hindu Marriage Act, Grounds, Remedy, Cases
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