Despite the low divorce rate in India, statistics do not necessarily indicate happy marriages. Women in India face social and economic barriers to divorce, such as financial dependence and societal stigma. The main reasons for divorce in India include abuse, financial issues, lack of intimacy, unrealistic expectations, and communication problems.

Judicial separation is a provision under Indian marriage laws where both parties live separately for a specified period. During this time, they retain their legal status as husband and wife while having the opportunity to reflect on their marriage. Grounds for obtaining a decree of judicial separation include adultery, cruelty, desertion, forced conversion of religion, incurable diseases, mental illness, and more.

At Legal sarthi we are offering Judicial separation offers couples an alternative to divorce, allowing them time and independence to assess their relationship before proceeding with divorce proceedings. It serves as a chance for introspection and problem-solving. However, social stigma surrounding separation often prevents couples from seeking help or discussing their issues openly.

While divorce terminates a marriage, judicial separation maintains the marital status, preventing parties from entering new relationships. The judicial separation process involves a single judgment, whereas divorce requires two judgments. Judges considering judicial separation assume the possibility of reconciliation, while divorce proceedings focus on the permanent breakdown of the marriage.

The process for obtaining a decree of judicial separation varies depending on personal laws. Under the Hindu Marriage Act, spouses must file a petition before the district or family court, citing grounds for separation. The court grants judicial separation if the grounds are proven.

Judicial separation provides couples with a legal break from matrimonial duties, offering an opportunity to reassess their relationship before pursuing divorce. It is essential to understand that judicial separation is not a requirement for parties to live separately but rather a release from marital obligations while remaining in the same household.