What is judicial separation?
After a decree, the spouses are no longer obliged to cohabit. The court can rescind the decree if the parties reconcile.
If there is no resumption of cohabitation for one year or more after the decree, either party may seek divorce under section 13(1A).
Who may need this service
- Spouses who want legal separation but not divorce, for personal or religious reasons
Legal framework
Section 10 of the Hindu Marriage Act, 1955; section 23 of the Special Marriage Act, 1954.
Documents generally required
- Marriage proof
- Evidence of the ground relied upon
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Assess. Identify the ground.
- Petition. File in family court.
- Hearing. Evidence and arguments.
- Decree. Separation decree.
Common problems we see
- Maintenance during separation
How an advocate can help
- Advise on separation vs divorce
- Represent you in court
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Frequently Asked Questions
Is a judicially separated spouse still married?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.