What are the Grounds of Judicial Separation For Husband & Wife Both?
- by Aditi-Harshraj
- Jun 01, 2020 20:04
Judicial Separation means when conjugal rights of parties are suspended and they are living separately under a homely settlement. Judicial separation is also known as 'divorce a mensa et thoro' which means divorce from bed and board. Grounds of Judicial Separation means the suspension of conjugal rights for some time, i.e One year mentioned under Section 10 of the Hindu Marriage Act. Section 10(1) states that a party may ask for judicial separation on the under Section 13 of the Hindu Marriage Act. There are almost nine grounds for judicial separation. The two grounds i.e Renunciation and presumed death were added after the Amendment Act of 1976.
Grounds available for both husband and wife are -
1. Adultery is when a married person engaged in voluntary sexual intercourse with any person other than the spouse. So, on this ground judicial separation can be granted.
2. Cruelty If the other party has treated the person with cruelty which causes death to life, limb, or health.
3. It may be the ground for separation when one party has deserted another party of not less than two years.
4. Conversion It means when the party has ceased to be Hindu by conversion to another religion.
5. Unsoundness of mind If the party is suffering from any mental disorder or unsound mind, then the party may ask for judicial separation.
6. Leprosy It is a disease that damages nerves and causes skin lesions. If this can't be curable, then the other party may choose judicial separation.
7. Venereal disease If the party is suffering from any venereal disease and which is communicable then also Judicial separation can be granted.
8. Renunciation of the world If the person no longer believes anything and doesn't want to live in the world. and renounce the world by entering any religious order then this is also the ground for judicial separation.
9. Presumed death When a person hasn't heard to be alive for a period of seven years or more than the party will be assumed as dead and this could be also the ground for judicial separation.
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