Judicial separation
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Summary
Either spouse may ask the court for judicial separation on the grounds that would allow divorce (the wife may use some additional grounds). After a decree of judicial separation, the parties are no longer obliged to cohabit. Either party can later apply to the court to rescind that decree, and the court may cancel it if it finds the application just and reasonable.
Example
Priya files a petition asking the court for judicial separation from Arjun, citing one of the divorce grounds in section 13. If the court grants judicial separation, Priya and Arjun are not obliged to live together. Later Arjun can petition to rescind the decree and the court may set it aside if it finds his statements true and rescinding just and reasonable.
Bare Act
Enacted text(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.
(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.
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