Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
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Summary
No decree for a divorce a mensa et toro can be made. A husband or wife may obtain a decree of judicial separation if the other has committed adultery, shown cruelty, or deserted them without reasonable excuse for two years or more. That judicial separation will have the same legal effect as a divorce a mensa et toro under existing law, plus any other effects mentioned later.
Example
Priya finds Arjun has been living with another woman and leaves the house. She petitions the court for judicial separation on the ground of adultery. The court can grant judicial separation, which will operate with the same legal effect as a divorce a mensa et toro under existing law.
Bare Act
Enacted textNo decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned.
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