Legal Separation (Judicial Separation) in India

In India, legal separation is called judicial separation. It allows spouses to live apart under a court’s decree without ending the marriage. This article is a general overview.

The provision

Section 10 of the Hindu Marriage Act, 1955 allows either spouse to apply to the Family Court for judicial separation on any of the grounds on which a divorce can be sought under section 13(1), and a wife may also rely on the additional grounds in section 13(2). The Special Marriage Act, 1954 has a similar provision in section 23, and the Indian Divorce Act, 1869 provides for judicial separation among Christians.

Effect of the decree

After a decree of judicial separation, the spouses are no longer obliged to live together. The marriage, however, is not dissolved, so neither spouse is free to marry again. The court can also deal with maintenance and with the custody of children. Either party may later apply to have the decree rescinded if the spouses reconcile.

How it relates to divorce

If the spouses have not resumed living together for one year or more after a decree of judicial separation, either of them may seek divorce on that ground under section 13(1A) of the Hindu Marriage Act. Judicial separation can be a step for people who are not ready to end the marriage, or who do not yet qualify for a divorce on the grounds available.

Related topics

See contested divorce, mutual consent divorce and restitution of conjugal rights.