What is the judicial separation in India, is often asked by people who are not aware of this legal formulation and its implications. Married life can be happy for most couples. Two people come together to bond and share their lives, happiness, and sorrows as they raise families and work hard to fulfill their social obligations. However, the same married life can turn into a nightmare when there is discord and divergence in behavior, thoughts, and opinions. Divorce is the most common option for these couples in India. These unfortunate couples have another option called a judicial separation. To give you more information on the subject, this article tries to find an answer to the question of what is judicial separation in India.
Judicial separation in Indian marriage law
There is a provision in Indian marriage law to give both individuals some time to do a retro inspection if they are having trouble in their marriage. This is a legal instrument known as judicial separation. The judicial separation gives time to reflect on the relationship. It allows both the husband and wife to live separately and give time to their strained relationship for it to heal over time. Husbands and wives are given some time to live alone and reflect on their relationship. You can continue the marital relationship if you decide to live as a married couple after this period, which is described in the judicial separation. Hence, judicial separation is a feature (Section 10) of Indian Marriage Law that gives much-needed peace, space, and independence to both husband and wife who are struggling in their marriage.
What is the legal status during the judicial separation?
Judicial separation is an attempt to save the institution of marriage, it is not a divorce. Divorce results in the actual separation of the husband and wife in a marriage, while a judicial separation does not annul the marriage at all. It is a last-ditch effort to save the marriage at all costs. This instrument under the Indian Marriage Act reflects the desire of the legislature to prevent the dissolution of this institution of our society. Judicial separation allows the couple to rethink their relationship while living apart and also prevents them from being exposed to the pressures of living together. The legal status of the husband and wife does not change during the judicial separation and they remain husband and wife.
Reasons for which a judicial separation can be obtained
There are many reasons why judicial segregation can be ordered by a judge in a court of law. These include cruelty, adultery, desertion, forced religious conversion, incurable diseases such as leprosy, insanity, communicable venereal diseases, renunciation of the world by a spouse for religious reasons, where one of the spouses is no longer alive and has been seen for more than seven years. If the person requesting separation is the wife, then they have another reason on which to do so. If there is evidence that her husband married another woman prior to their marriage and that woman is still alive while this application is being submitted, the woman can easily obtain a judicial separation from her husband. A woman can also file for judicial separation from her husband for rape, sodomy, and sodomy. A girl who was married to a man before the age of 18 can also apply for a judicial separation.
In summary, judicial separation is a judicial decree that prohibits husband and wife from living together and orders them to live separately for a certain period of time. It does not dissolve the couple's marriage.