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Judicial Separation

Judicial Separation is generally a step towards divorce. Section 10 of the Hindu Marriage Act provides grounds for judicial separation. It is akin to grounds for divorce.

On successfully proving case for judicial separation by party initiating the process, Court passes decree of judicial separation. It implies that party may live separately.

Standard of proof in case of judicial separation is lesser in degree as compared to contested divorce.

Judicial Separation provides ground for divorce in the event of no cohabitation between spouses in a period of one year after the passing of decree of judicial separation.

It is also permitted subject to the approval of the Court that at appropriate stage, on application by the party filing case of judicial separation to convert to divorce. Timing of such application is a vital factor.