Section 10 (HMA 1955) – Judicial Separation

HINDU MARRIAGE ACT, 1955

Section 10 – Judicial Separation

🔹 Short Note (Hindi)

Agar husband-wife ke beech relation itne kharab ho gaye hain ki saath rehna mushkil hai, par dono turant divorce nahi chahte, to court unhe “Judicial Separation” ka option deta hai.
Iska matlab — shaadi khatam nahi hoti, par dono alag-alag reh sakte hain bina illegal maana jaye.

🔹Detailed Explanation (English + Hindi)

Under Section 10 of the Hindu Marriage Act, 1955, either spouse can apply for Judicial Separation if they have valid grounds mentioned under Section 13 (grounds for divorce) — such as cruelty, adultery, desertion, conversion, mental disorder, etc.

When the court grants Judicial Separation, the couple is legally allowed to live separately without ending the marriage.
It gives both partners time to think, decide, and possibly reconcile.
If no reconciliation happens and cohabitation doesn’t resume, it can later become a ground for divorce.

🔹Important Points

1. Who Can File:
   Either husband or wife can apply on any ground available for divorce.
2. Effect of Judicial Separation:
   • Marriage continues legally.
   • Both are free to live separately.
   • No marital obligations (like cohabitation).
   • Can still reconcile later.
3. Grounds for Judicial Separation:
   • Cruelty
   • Adultery
   • Desertion (2 years or more)
   • Conversion to another religion
   • Unsoundness of mind
   • Venereal disease, etc.
4. Reconciliation Option:
   If after separation both agree to live together again, they can resume marital life without fresh marriage.
5. Next Step:
   If even after the decree there is no resumption of cohabitation for 1 year, it becomes a valid ground for divorce under Section 13(1A).

🔹Landmark Case

Savitri Pandey v. Prem Chandra Pandey (2002)
Supreme Court held that Judicial Separation is a cooling-off period, not an end of marriage.
Its aim is to give both parties time to reflect and reconcile before taking a final step like divorce.

🔹Example (Simple Understanding)

Suppose Ravi and Anjali are constantly fighting and unable to live peacefully.
Anjali doesn’t want divorce immediately but can’t continue living with Ravi.

🔹She can file a petition under Section 10 for Judicial Separation.
If court finds valid grounds, it will allow both to live separately legally — giving them time to decide the future of their marriage.

🔹Nyay Neeti Advice

Judicial Separation ka maksad marriage todna nahi, balki ek pause lena hai.
Yeh un couples ke liye hota hai jo emotionally ya mentally disturbed hain par thoda samay chahte hain sochne ke liye.
Court hamesha reconciliation ke chance ko consider karta hai.
Agar koi partner cruelty, harassment ya violence face kar raha hai — to yeh step safe legal distance dene ke liye best hai.

🔹Summary Table