Judicial separation is a court decree under Section 10 of the Hindu Marriage Act, 1955 (and similar provisions in other personal laws) that relieves spouses of the duty to live together while the marriage continues. It can be sought on the same grounds as divorce. If there is no resumption of cohabitation for one year after the decree, either spouse can seek divorce.
Grounds
- Cruelty
- Desertion
- Adultery
- Conversion or mental disorder
- Other grounds as for divorce
Effects
Spouses live apart, but cannot remarry; maintenance and custody can be decided.
Process
- Petition in family court.
- Notice and reply.
- Evidence and hearing.
- Decree.
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Get expert help →Separation vs divorce
Separation keeps the marriage intact and allows reconciliation; divorce ends it.
Frequently asked questions
Can separated spouses reconcile?
Yes, and the court can rescind the decree.
Is maintenance available?
Yes, under applicable provisions.
Can I remarry after separation?
No, only after divorce.
Does it apply to non-Hindus?
Other personal laws and the Special Marriage Act have similar provisions.
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