Search Blog

Saturday, October 20

All about judicial separation –law in India


Either spouse may approach Court for a decree of judicial separation on any or more of the following grounds:

(i)        Voluntary sexual intercourse with any third person [i.e. other than his or her spouse];       or
(ii)       Cruelty; or
(iii)      Desertion for a continuous period for two years immediately before approaching court; or
(iv)      Conversion to another religion; or 
(v)      If either of spouse has been incurably [i.e. cannot be cured] of unsound mind or has been continuously or intermittently suffering from mental disorder; or 
(vi)      If either of the spouse has been suffering from a virulent and incurable form of leprosy; or 
(vii)     If either of the spouse has been suffering from venereal disease in a communicable form; or
(viii)    If either of the spouse has renounced the world by entering any religious order; or
(ix)     If either of the spouse has not been heard of as being alive for a period of seven years or more 


 (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.