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Judicial Separation As A Matrimonial Remedy Under Hindu Law

Biswa Ranjan Palo, Shree L R Tiwari College of Law, University of Mumbai


Now the position has changed marriage is no longer treated as an indissoluble union. With the changing requirements, attitudes and aptitudes, society has drastically changed and it is very difficult for married couples to cope with the change. While adjusting to a new atmosphere in the matrimonial home, spouses may commit, knowingly or unknowingly, with or without intention, some kind of mistakes which create an unhealthy atmosphere in the matrimonial home. It is difficult to say which party is at fault but the matrimonial relationship loses its sanctity. Thus, divorce earlier which was considered as an evil, has become a necessity in the society. The Marriage Laws (Amendment) Bill, 2010, which remained in a state of suspended animation for some time, has been activated again. The Union Cabinet has approved the Bill with certain significant modifications to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. This initiative has been hailed as ‘historic’. In the present paper, an attempt has been made to see how far the recent amendment to introduce the irretrievable breakdown as a ground of divorce aligns with the changing social needs of the society and judicial separation is not the remedy.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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