What is Judicial Separation? What It Means and How It Works

Judicial separation is a legal remedy that allows spouses to live apart without dissolving the marriage. It is governed by Section 10 of the Hindu Marriage Act, 1955, and Section 23 of the Special Marriage Act, 1954.

While the marriage remains legally intact, the order suspends marital obligations such as cohabitation. Grounds for judicial separation include cruelty, adultery, and desertion—similar to divorce. 

If the separation continues for one year, it may later serve as a ground for divorce. 

Recently, the Gauhati High Court granted judicial separation to a woman after her husband’s baseless doubts over their child’s paternity and repeated acts of violence were held to constitute cruelty.