Table of content
Frequently asked questions
What is Judicial Separation under Section 10 of the Hindu Marriage Act, 1955?
Judicial separation is a legal remedy available to married couples under the Hindu Marriage Act, 1955, where they live separately while still being legally married. It gives time for reconciliation and does not dissolve the marriage like divorce.
How is Judicial Separation different from Divorce?
Judicial Separation: The spouses remain legally married but live separately. They may reconcile later if they wish.
Divorce: The marriage is permanently dissolved, and both parties are free to remarry.
What are the grounds for Judicial Separation?
The grounds for judicial separation under Section 10 are similar to those for divorce under Section 13 of the Hindu Marriage Act and include:
Cruelty
Adultery
Desertion for two years or more
Conversion to another religion
Mental disorder making cohabitation impossible
Venereal disease in a communicable form
Renunciation of the world
Not heard of as being alive for seven years or more
Can a spouse apply for Judicial Separation immediately after marriage?
No, judicial separation cannot be filed immediately after marriage. At least one year must have passed unless there are exceptional circumstances, such as extreme cruelty.
What is the procedure for filing a Judicial Separation petition?
The procedure involves:
Filing a petition in the Family Court with relevant details and grounds.
Issuance of notice to the respondent.
Court proceedings, including evidence submission and hearings.
If satisfied, the court grants a decree of judicial separation.
Can the couple reconcile after obtaining Judicial Separation?
Yes, judicial separation allows the couple to reconcile. If they resume cohabitation, the separation order becomes void.
What happens if the couple does not reconcile after Judicial Separation?
If the couple remains separated for one year or more, either spouse can file for divorce under Section 13(1A) of the Hindu Marriage Act.
Can maintenance or alimony be claimed during Judicial Separation?
Yes, the spouse seeking judicial separation can claim maintenance under Section 125 of the CrPC or Section 24 of the Hindu Marriage Act.
Can Judicial Separation affect the rights of the spouse in property or inheritance?
No, judicial separation does not affect inheritance rights or property claims. The couple remains legally married unless they obtain a divorce.
What if one spouse refuses to comply with the Judicial Separation order?
If one spouse does not follow the court’s order for separation or maintenance, the aggrieved party can seek enforcement through legal remedies.
Sample Draft
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. _______ OF 2025
IN THE MATTER OF:
RAHUL SHARMA
S/o Late Rajesh Sharma
R/o 45, Green Avenue, New Delhi - 110011
…PETITIONER
VERSUS
PRIYA SHARMA
D/o Anil Verma
R/o 23, Rosewood Apartments, New Delhi - 110025
…RESPONDENT
PETITION UNDER SECTION 10 OF THE HINDU MARRIAGE ACT, 1955 FOR JUDICIAL SEPARATION
MOST RESPECTFULLY SHOWETH:
That the petitioner is a Hindu by religion and was lawfully married to the respondent on 15th February 2015 at Arya Samaj Mandir, New Delhi, according to Hindu rites and customs.
That both the petitioner and the respondent are Hindus within the meaning of the Hindu Marriage Act, 1955, and are governed by its provisions.
That after the solemnization of marriage, the parties resided together at 45, Green Avenue, New Delhi, and cohabited as husband and wife.
That the respondent has, since January 2020, subjected the petitioner to acts of cruelty, including verbal abuse, mental harassment, false allegations, and consistent neglect, thereby making it impossible for the petitioner to continue cohabitation with the respondent.
That the respondent has deserted the petitioner without any reasonable cause since 10th March 2021, and such desertion has continued for a period exceeding two years immediately preceding the presentation of this petition.
That despite several attempts at reconciliation by family members, mediators, and social well-wishers, the respondent has refused to mend her behavior, leaving the petitioner with no alternative but to seek judicial separation.
That the respondent has also filed false complaints with the police, tarnishing the petitioner’s reputation and causing undue mental trauma.
That there is no collusion, connivance, or undue influence between the parties in filing this petition, and the petitioner is presenting this petition with bona fide intent.
That no other legal proceedings in respect of the marriage between the petitioner and the respondent are pending before any other Court.
That the cause of action for this petition arose on 10th March 2021, when the respondent deserted the petitioner, and has continued thereafter.
That this Hon'ble Court has jurisdiction to entertain and try this petition as the marriage was solemnized at Arya Samaj Mandir, New Delhi, and the parties last resided together within the jurisdiction of this Hon'ble Court.
PRAYER
In view of the foregoing, the petitioner humbly prays that this Hon’ble Court may be pleased to:
Grant a decree of judicial separation in favor of the petitioner under Section 10 of the Hindu Marriage Act, 1955;
Pass such other and further reliefs as this Hon’ble Court may deem just and proper in the circumstances of the case.
VERIFICATION
I, Rahul Sharma, the above-named petitioner, do hereby verify that the contents of this petition from Paragraphs 1 to 11 are true and correct to the best of my knowledge, belief, and understanding.
Verified at New Delhi on this 18th day of March, 2025.
[Signature of Petitioner]
RAHUL SHARMA
45, Green Avenue, New Delhi - 110011
[Signature of Advocate]
ARUN MEHTA
Enrollment No. D/1234/2020
Chamber No. 45, District Court, New Delhi