Judicial separation is a process under the law, to provide some breathing space and time for introspection to both the raging parties in a troubled marriage. Law allows an opportunity to both the husband and the wife to rethink about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path. Judicial Separation is also a step towards divorce. Judicial separation is a sort of a last resort before the actual break up of marriage legal i.e. divorce. It is akin to grounds for divorce. The provision for Judicial Separation is mentioned in section 10 of the Hindu Marriage Act, 1955.
Grounds and procedure for Judicial Separation is the same as in case of contested divorce. You may get connected with us Usha Tanna for detailed understanding. On successfully contesting and proving the casein the cour for judicial separation by party initiating the process, the Court passes decree of judicial separation, it implies that parties may live separately for specified duration. Standard of proof in case of judicial separation is lesser in degree as compared to contested divorce.
Judicial Separation further provides the ground for divorce in an event of no cohabitation between the parties for a period of one year post passing of the decree of judicial separation. At an appropriate stage the court also approves the Judicial Separation to be converted to divorce if the party filing the case applies for the same, timing of application is important and vital factor for the court to decide.