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JUDICIAL SEPARATION

JUDICIAL SEPARATION

All matrimonial statutes, apart from those under Muslim law, contain a provision for judicial separation.

Hindu law- A wife or husband can file for judicial separation under section 10 of the Hindu Marriage Act 1955 on any of the fault grounds for divorce stated in section 13(1) of the Hindu Marriage Act 1955, and a wife can sue for judicial separation on any one of the additional fault grounds in section 13(2) (section 10, Hindu Marriage Act 1955).

Special Marriage Act 1954 - A husband or wife can file for judicial separation under Section 23 of the Special Marriage Act 1954 on any of the grounds specified in section 27 (other than the grounds specified in clause (I) and (j) of section 27 on which a petition for divorce might have been presented or on the ground of failure to comply with a decree for restitution of conjugal rights) (section 23, Special Marriage Act 1954).