Judicial Separation As Matrimonial Remedy Under Hindu Law

Viral Vallabhraj Mehta, Shree L.R. Tiwari College of Law

ABSTRACT

One of the most important aspects of human existence is marriage. But the most difficult circumstances in a person's life are divorce and legal separation. Marriage is regarded as a sacrament in Indian culture. The husband-and-wife relationship is founded on custom and tradition, and it will never change. If a marriage didn't work out, there was no recourse available until 1955. They had to stay together because they couldn't get a divorce and stop their marriage. After 1955, the Hindu Marriage Act went into effect, containing provisions for judicial separation and divorce. According to Manu, a husband and wife are inseparable till death. Their bond is indestructible.

The Arthashastra states that a marriage dissolved by mutual consent is null and void and needs to be mutually repudiated by both parties. Scripture from antiquity holds that a woman is incomplete without her husband and vice versa. Because she is inseparable from her husband, the wife is viewed as his ardhangini. But Manu does not really think that a marriage should end. On the other hand, because there are a lot of reasons to divorce your husband, Section 13 was expanded to include a lot of subclauses by the Hindu Marriage Act of 1955. The dissolution of a marriage is the definition of divorce given under the Act. The marriage or married status relationship should be protected in some way for the reasons specified by law and in the benefit of society. Section 13 of the Hindu Marriage Act of 1955 states that there are alternatives available in all other instances and that divorce is only allowed for very serious grounds. Section 10 of the Hindu Marriage Act, 1955 provides the concept of judicial separation for both couples who marry under the same Act. If they want to dissolve their marriage, they can file a petition for judicial separation under section 10. When the order is issued, they are not obliged to live together.

Although it has characteristics similar to a divorce, a judicial separation is a technique that Indian courts have established that allows both parties in a challenging marriage some time for reflection in an attempt to prevent the marriage from ending in divorce. [1 All of the information regarding the judicial

separation legal tool will be included in this research paper.