Marriage is a pure relation according to hindu marriage act 1955 according to this marriage is relation between husband and wife not for this life but for coming lifes also before hindu code bill there was no concept of divorce after the bill the concept was introduced .
Judicial separation is one of the relives provided by Hindu marriage act to the couples who are not willing to live together. The court of law when a couple approach court than pass degree of judicial separation IE gives them time to reconsider all the facts try to make things work between them while living separately ie they will not have any relationship like an husband and wife.
If the degree of judicial separation is passed by the court and there is no betterment in the relationship than after one year either of the spouse can approach the court for divorce .
GROUNDS FOR JUDICAL SEPARATION :
Audltery : Adultery means when one of the spouse have intercourse with someone other his or her spouse. This is one of the ground for judicial separation.
cruelty : when a husband Beats the wife or gives burn on the body it is physical cruelty in this mental cruelty is also included. Single instance is not cruelty they should be repeated acts of cruelty.
Desertion : when husband and wife are feeling separately for 2 years in this case physical separation is not necessary. Not living together here meants not living as husband and wife.
resounce the world : if one of the spouse has resounce the world other spouse can approach the court.
versenable disease : this is a kind of disease related to sex organs and if it is communicable and incurable than it becomes ground.
not heard for 7 years : If either of the spouse has not been heard for 7 years then will be assumed dead and other spouse than can remarry.
These are the grounds on which judicial separation can be given.
A marriage is considered as a sacred relation in our nation but a person should have an exit from a relationship when he/she is not happy with that relation. People have faith towards the Hindu Marriage Act, 1955 that they can seek relief from the marriage by filing a divorce.
This Act does not allow for leaving a relationship without any valid reason. There should be particular grounds on which the spouse can file a case for judicial separation or divorce.
This Act has a great rule to solve the disputes between the spouses and free them from marital ties.
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