In Judicial Separation, before going on with Divorce Proceedings both the husband and the wife get an opportunity to introspect about giving a chance to their marriage, before going on with the divorce proceedings. Under a decree of Judicial Separation, both the parties live separately for a period of time getting adequate space, independence and time to think about continuing their marriage or not. During this phase, both the parties still carry the same legal status of being husband and wife and yet at the same time live separately also.
Grounds for judicial separation
The Court may Grant Judicial Separation on the following grounds:
Cruelty - Either of the spouse or both are cruel for one another.
Desertion - Either of the spouses is not alive and is missing since seven years and above.
Adultery - Either of the spouses is being cheated upon by other spouse. In case a husband or a wife knows that their respective spouse is married and that the other person is alive during this petition; then the grounds for judicial separation strengthens.
Forced conversion of religion - Either of the spouses is forcing the other one to change and convert his/her religion.
Incurable diseases - such as leprosy, cancer, Ebola, etc.
Insanity or abnormality - Either of the spouses is not in a sound condition.
Venereal or sexual diseases - Either of the spouses is suffering from sexual diseases such as HIV, AIDS, Genital Herpes, Syphilis, etc.
Rape, Sexual Harassment, Molestation, Bestiality and Sodomy.
Renunciation of the world by either of the spouse on religious or spiritual grounds.
Child marriage - Either of the spouses is married without his/her consent before attaining 18 years of age.
Format of Petition for Judicial Separation is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
MATRIMONIAL CASE NO. __________ OF 20__
IN THE MATTER OF:
MRS. GG __________ RESPONDENT
PETITION FOR JUDICIAL SEPARATION UNDER SECTION 10 OF HINDU MARRIAGE ACT
MOST RESPECTFULLY SHOWETH:
The Petitioner, above named states as under:
1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1.
2. That the status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:
i) Place of residence before the Marriage
ii) Place of residence at the time of filing the Petition
3. That from this marriage, the couple has been blessed with one boy aged 6 years and one girl child aged 3 years. That the Children is living with the Respondent.
4. That the Petitioner and his wife were living together happily at the matrimonial house. That on _______ the Petitioner was introduced to a person by his friend. During the conversation it was found that the Respondent is already marred to a third person. The Respondent while marrying the Petitioner not revealed this fact and kept the Petitioner blank.
5. That on _____ first husband of the Respondent reached the house of Petitioner and demanded to send Respondent with him. That on the same day Respondent along with two children have gone with her former husband.
6. That the petitioner has not in any manner condoned the acts complained of or connived.
7. The Petition is not being presented in collusion with the Respondent.
8. The Petition is being presented without any unnecessary or improper delay on the part of the Petitioner.
9. There is no other legal ground as to why the decree prayed for should be not granted in favour of the Petitioner.
10. That no litigation has taken place between the parties to the Petition earlier.
11. This Hon'ble Court has jurisdiction to entertain and try this Petition as the marriage was solemnized at ____________ the parties last resided together at _____________ and even presently the respondent is residing within the Jurisdiction of this Hon'ble Court.
12. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) for grant of decree of Judicial Separation in favour of Petition and against the respondent; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
I, the above named petitioner, do hereby verify that the contents of this
petition in Para No ______ to Para No __________ are true to my personal
knowledge and those in Para No _____ to Para No ________ are believed by me to
Signed and verified this _______ day of _______ 20 _______ at _______
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