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| Name | Section 10 of Hindu marriage act / Judicial Saperation |
| Video Uploader | Video From LEgit Expansion |
| Upload Date | This Video Uploaded At 17-04-2020 15:12:49 |
| Video Discription | https://www.instagram.com/invites/contact/?i=r2rrxwb1imtv&utm_content=m3hnzz8 Video by Abhishek Sharma Section 10 in The Hindu Marriage Act, 1955 10 Judicial separation . 10 [ (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. The provision for judicial separation is contained in section 10 of the Hindu Marriage Act, 1955. The section reads as under: A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought. Hence, judicial separation can be had on any of the following grounds: Adultery Cruelty Desertion Apostacy (Conversion of religion) Insanity Virulent and incurable form of leprosy Venereal disease in a communicable form Renunciation of world by entering any religious order Has not been heard of as being alive for seven years If the person applying for judicial separation is the wife, then the following grounds are also available to her: Remarriage or earlier marriage of the husband but solemnised before the commencement of Hindu Marriage Act, 1955, provided the other wife is alive at the time of presentation of petition for judicial separation by the petitioner wife. Rape, sodomy or bestiality by the husband committed after the solemnization of his marriage with the petitioner. Non-resumption of co-habitation between the parties till at least one year after an award of maintenance was made the husband and in favour of the petitioner wife. Solemnization of the petitioner wife’s marriage with the respondent husband before she had attained the age of 15 years provided she had repudiated the marriage on attaining the age of 15 years but before attaining the age of 18 years. It is on all the above grounds that judicial separation can be sought. The first 9 grounds are available to both the husband and the wife but the last four grounds are available only to the wife. It is to be noted that it is on these grounds that divorce is also to be granted. It has been held that unless a case for divorce is made out, the question of granting judicial separation does not arise. Therefore, the Courts while dealing with the applications for judicial separation shall bear in mind the specific grounds raised for grant of relief claimed and insist on strict proof to establish those grounds and shall not grant some relief or the other as a matter of course. Thus on a petition for divorce, the Court has discretion in respect of the grounds for divorce other than those mentioned in section 13 (1A) and also some other grounds to grant restricted relief of judicial separation instead of divorce straightway if it is just having regard to the facts and circumstances. ILR (1964) 2 Punj 732. The Punjab and Haryana High Court has also held that a reading of sec 24 and 26 (maintenance) does not show that if a petition under section 9, 10 12 or 13 is disposed of, the jurisdiction of the court to award maintenance pendent lite by an order to be passed is taken away. AIR 1981 Punj 305 ; 1981 Hindu LR 345 The above decisions go on to show that even where a decree for judicial separation is passed in favour of the husband, maintenance may still be awarded to a wife and judicial separation is no defence to a claim for maintenance under Hindu Marriage Act. Though section 10 of the Hindu Marriage Act does not provide any time as to how long judicial separation can last. But section 13 of the Act provides that if there is no resumption of co-habitation between the parties one year after the decree for judicial separation is passed, the parties can get a decree for divorce on this ground itself. But divorce on this ground will be given only when one year has expired after the passing of the decree for judicial separation and not earlier. The Act does not refer to any specific grounds on which a decree for judicial separation can be annulled or rescinded. Section 10(2) however, empowers the Court to rescind the decree for judicial separation if it considers it just and reasonable to do so. However Courts have repeatedly warned that this power of rescission has to be exercised with great circumspection and not in a hurry and only after satisfying themselves that it would be just and reasonable to allow such rescission. #section10 #judicial #saperation #HMA |
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| Tags | section 10 | hindu marriage act | of | judicial saperation | subsection 1 | sub section 2 | hindi | English | divorce | section 13 | 13(1) | 13(2) | hindu | Abhishek Sharma | legit | expansion | section 10 of hindu marriage act | 1955 | husband | wife | court | decree | decree of judicial saperation |
