Judicial separation in India under Section 10 of the Hindu Marriage Act allows spouses to live apart while the marriage remains legally intact. It is a pause rather than an end to the marriage.
Grounds and Filing
- Cruelty, desertion, adultery, or unsoundness of mind
- Same grounds that would support a petition for divorce
- Filing in the family court with jurisdiction over the parties
Effects of the Decree
Spouses no longer need to cohabit, and either may later convert the decree into divorce after separation. The marital relationship continues for legal purposes during this period.
Judicial separation in India suits couples who want time away while preserving the marriage or financial security. Careful drafting is essential.
Contact FileX Advocates & Legal Consultants in Kolkata for advice on judicial separation in India.