Judicial separation under Section 10
Section 10 of the Hindu Marriage Act, 1955 permits either spouse to seek a decree of judicial separation on the grounds available under Section 13(1). A wife may additionally rely on the special grounds contained in Section 13(2). After a decree of judicial separation, cohabitation is no longer obligatory, although the court may rescind the decree when it considers it just and reasonable to do so.
Current grounds generally available
- Voluntary sexual intercourse with a person other than the spouse after marriage.
- Cruelty.
- Desertion for a continuous period of at least two years immediately before presentation of the petition.
- Ceasing to be Hindu by conversion to another religion.
- Specified serious mental disorder of the nature and degree stated in Section 13(1)(iii).
- Venereal disease in a communicable form.
- Renunciation of the world by entering a religious order.
- Not being heard of as alive for seven years or more by persons who would naturally have heard of the person if alive.
A wife may also invoke the additional grounds specified in Section 13(2), subject to the facts of the case and the exact statutory requirements.
Official text: Hindu Marriage Act, 1955 on India Code.
Affidavit format
IN THE COURT OF THE ______________________________ AT __________________
MATRIMONIAL / H.M.A. PETITION NO. ________ OF 20____
IN THE MATTER OF:
S/o / D/o ____________________________
Resident of _________________________
VERSUS
S/o / D/o ____________________________
Resident of _________________________
AFFIDAVIT
I, ______________________________, aged about ______ years, S/o / D/o ______________________________, resident of ______________________________, the Petitioner above named, do hereby solemnly affirm and state as follows:
1. That I am the Petitioner in the accompanying petition under Section 10 of the Hindu Marriage Act, 1955 and am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.
2. That I have read and understood the contents of the accompanying petition. The statements of fact made therein are true and correct to my knowledge and belief, based on the records and information available to me.
3. That the accompanying petition has been presented bona fide and, to the extent required by law, is not presented or prosecuted in collusion with the Respondent.
4. That the facts constituting the ground or grounds for judicial separation are set out in detail in the accompanying petition and may be read as part of this affidavit without unnecessary repetition.
5. That the Petitioner has disclosed all material facts relevant to the relief claimed and has not intentionally concealed any material fact from this Hon'ble Court.
6. That the reliefs prayed for in the accompanying petition may be granted in accordance with law.
DEPONENT
VERIFICATION
I, ______________________________, the above-named Deponent, verify that the contents of paragraphs 1 to 6 of this affidavit are true and correct to my knowledge and belief, that no material fact has been concealed therefrom, and that nothing stated herein is false.
Verified at __________________ on this ______ day of __________________, 20____.
DEPONENT
Jurisdiction and filing note
Section 19 of the Hindu Marriage Act specifies the courts in which a petition may be presented, including, depending on the facts, the place where the marriage was solemnised, where the respondent resides, where the parties last resided together, and in the case of a wife who is the petitioner, where she resides on the date of presentation. Family Courts exercise matrimonial jurisdiction in areas where they have been established.
This specimen is intended as a drafting aid. Court rules, affidavit attestation, e-filing requirements, cause-title practice, pagination and supporting documents can vary by State and court.