Divorce and Judicial separation completely different from each other. Judicial separation as mentioned in section 10 of the Hindu Marriage act provides that the Judicial Separation for both the spouse, those who are married under the Hindu Marriage Act, 1955. They can claim the relief of Judicial Separation by filing a petition. Once the order is passed, they are not bound to have cohabitation. The judicial separation period is for one year. The period of judicial separation gives time for resolving the matrimonial disputes and misunderstanding between the couple. Law gives a chance to both the husband and wife to rethink about the extension of their relationship while at the same time guiding them to live separately.
It is given under Section 10 of the Act; the spouse can file a petition for judicial separation on the basis of the following grounds:
Either of the spouse or both are cruel for one another.
It means where any of the spouses voluntarily had sexual intercourse with any other person except his/her spouse. Here, the aggrieved party can claim the relief but that intercourse should be placed after the marriage.
In this section, it is defined that if the spouse left the other spouse for any reason without informing him/her for a period not less than 2 years before filing the petition by another spouse, desertion gives a right to claim relief of judicial separation for the hurt party.
If any spouse gets converted into any other religion other than Hindu, then the other spouse can file for judicial separation.
If any spouse in a marriage is suffering from any mental disease which is difficult to live for the other spouse with the sufferer. The other spouse can claim relief from judicial separation.
If any spouse suffering from any disease like leprosy, which cannot be recovered, then the other party can file a petition for judicial separation because he/she cannot waste their own time due to the sufferer.
Illustration- ‘An’ a sufferer of an abnormal disease and ‘B’ is the wife of ‘A’. If ‘A’ is suffering from a disease that is incurable and the doctor also cannot understand the disease. In this case, ‘B’ can file a petition for judicial separation if she doesn’t want to continue with her husband.
If any party to a marriage or a spouse has any type of disease which is incurable and communicable and the spouse does not know about the fact at the time of marriage, then it could be a valid ground for the spouse to file petition for judicial separation.
Illustration- ‘A’ is suffering from an abnormal disease that is spread by communication. The disease which is irrevocable. In this case, ‘B’ the wife of ‘A’ can file a petition for the judicial separation in good faith for their future of the two children.
In Hindu law, by renouncing the world means “Sannyasa”. Renunciation from the world conveys that the person has given up the world and leading a holy life. He is considered a civil dead. If a spouse renounces the world to live a holy life, his/her partner can file for judicial separation.
Illustration- If ‘A’ changed his religion and went somewhere, where people also cannot find him. ‘B’ the wife of ‘A’ got hurt so much by hearing this news. Therefore she can file a judicial separation.