Judicial Separation: Special Marriage Act, 1954

Under The Special Marriage Act, 1954

• The grounds for the Judicial Separation under the Special Marriage Act, 1954 are the same as that of the Judicial Separation, under the Hindu Marriage Act, 1955, which are as follows:

  Either party to a marriage may present a petition praying for a decree for Judicial Separation on any of the grounds mentioned herein above:-

  1. The other party has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

  2. The other party has, after the solemnization of the marriage, treated the petitioner with cruelty; or

  3. The other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

  4. The other party has ceased to be a Hindu by conversion to another religion ; or

  5. The other party has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

  6. The other party has been suffering from a virulent and incurable form of leprosy; or

  7. The other party has been suffering from veneral disease in a communicable form; or

  8. The other party has renounced the world by entering any religious order; or

  9. The other party has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;

  10. that there has been no resumption of cohabitation between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

  11. that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

  For a wife, following additional grounds are also available for seeking judicial separation:-

  1. The husband had married with some other woman after solemnization of the marriage with her and/or the wife of her husband was alive at the time of the solemnization of her marriage with her husband. In either case, the other wife got to be alive at the time of the presentation of the petition;

  2. The husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or

  3. In a suit under Section 18 of the Hindu Adoptions and Maintenance Act, (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or

  4. Her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

  Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent.

  Where The Judicial Separation Petitions Could be filed:

  The Petition for Judicial Separation Custody Petitions Could be filed before:

  1. District Judge/ Additional District Judge (ADJ);

  2. Family Court

  The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of The Special Marriage Act, 1954, The Code of Civil Procedure, 1908, The Limitation Act, 1963, The Evidence Act, 1872, Other relevant Acts, Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

  Kindly call us at 91+98-712-712-05 or e-mail us at info@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and wanted to have Legal Consultations with the empanelled Lawyers at Hello Counsel.