Current grounds for judicial separation

Unlike a divorce you do not have to prove that the marriage has "broken down irretrievably". You only have to prove one or more of the same five "facts" which are relied upon for a divorce. These are:-

your spouse has committed adultery and you find it intolerable to live with your spouse (adultery);

your spouse has behaved in such a way that you cannot reasonably be expected to live with them (unreasonable behaviour);

your spouse has deserted you for a continuous period of at least two years immediately preceding the presentation of the judicial separation petition (desertion);

you have lived apart for a continuous period of at least two years immediately preceding the presentation of the judicial separation petition and your spouse consents to the judicial separation being granted (2 years separation by consent);

you have lived apart for a continuous period of at least five years immediately preceding the presentation of the judicial separation petition (5 years separation).

Introduction

The concept of marriage in Hindu Law

Forms of Marriage in old Hindu Law

Approved marriage forms.

Unapproved marriage forms

Forms of Marriage in modern Hindu Law

Marriage Ceremonies

The concept of Judicial Separation

Filing petition for Judicial Separation

Grounds for Judicial Separation

Additional grounds for the wife to claim justice

Difference between Judicial Separation and Divorce

Conclusion

References