Judicial separation in India allows couples to live apart while remaining legally married, offering a chance for reconciliation or a step towards divorce. It is available under the Hindu Marriage Act, 1955 (Section 10, with grounds similar to divorce under Section 13) and the Special Marriage Act, 1954 (Section 23, with grounds similar to divorce under Section 27).
This means spouses can separate for reasons such as cruelty, adultery, or desertion, but cannot remarry unless a full divorce is subsequently granted, often if they do not reunite for a year after the separation decree. To navigate these sensitive legal steps and understand their implications,Grounds for separation, similar under both Acts, include adultery, cruelty, desertion, conversion, mental disorder, and more, with additional grounds for wives like bigamy or rape. Applicable to Hindus (HMA) and inter-religious/civil marriages (SMA), it preserves inheritance rights and allows maintenance claims. Courts encourage reconciliation, but if cohabitation doesn’t resume, it can lead to divorce.
Adv. Amol Khobragade is an expert in family law, providing comprehensive analysis, meticulous petition drafting, and strategic representation to guide clients towards the best possible outcome for their future.