Application for separation made by Petition
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Summary
Either husband or wife can apply for judicial separation by petition to the District Court or the High Court on any of the recognised grounds. If the court is satisfied that the petition’s statements are true and there is no legal reason to refuse, it may decree judicial separation.
Example
Priya files a petition in the District Court saying her husband’s cruelty makes living together unbearable and asks for judicial separation. If the court finds her allegations credible and sees no legal bar, it may decree judicial separation, so they stop living together though the marriage continues.
Bare Act
Enacted textApplication for judicial separation on any one of the grounds aforesaid, may be made by either husband or wife by Petition to the District Court or the High Court; and the Court, on being satisfied of the truth of the statements made in such Petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.
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