Scribd
Upload
3 views6 pages

Judicial Separation

The document outlines the legal framework for judicial separation under various acts, including the Hindu Marriage Act, the Special Marriage Act, and the Divorce Act. It highlights the differences between judicial separation and divorce, the grounds for obtaining a decree, and the implications for property rights during separation. Key sections detail the rights of separated spouses, including the wife's status regarding property acquisition and the conditions under which a decree can be rescinded.

Uploaded by

daanunair2013
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
3 views6 pages

Judicial Separation

The document outlines the legal framework for judicial separation under various acts, including the Hindu Marriage Act, the Special Marriage Act, and the Divorce Act. It highlights the differences between judicial separation and divorce, the grounds for obtaining a decree, and the implications for property rights during separation. Key sections detail the rights of separated spouses, including the wife's status regarding property acquisition and the conditions under which a decree can be rescinded.

Uploaded by

daanunair2013
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 6

J U D I C I A L

SEPA RA T I O N
• Difference from divorce
• Relevance
• Section 14, HMA/ Section 29, SMA
• Section 13 A, HMA/ Section 27 A, SMA
• The Hindu Marriage Act, 1955- Section 10
• Upon the any of the grounds available for Divorce
• where a decree for judicial separation has been passed, it
shall no longer be obligatory for the petitioner to cohabit with
the respondent,
• the court may, on the application by petition of either party
and on being satisfied of the truth of the statement made in
such petition, rescind the decree
• The Special Marriage Act, 1954 -Section 23
• Additional ground of failure to comply with a decree
for restitution of conjugal rights
• The Divorce Act, 1869
• Section 22
• the husband or wife may obtain a decree of judicial separation, on
the ground of adultery, or cruelty, or desertion for two years
or upwards.

• Section 23
• —application for judicial separation may be made by either
husband or wife by petition to the court and the court, on being
satisfied of the truth of the statements made in such petition, and
that there is no legal ground why the application should not be
granted, may decree judicial separation accordingly.
• Section 24 - separated wife deemed spinster with respect to after-acquired
property
• —In every case of a judicial separation under the act, the wife shall from the
date of the sentence, and whilst the separation continues, be considered as
unmarried with respect to property of every description which she may
acquire, or which may come to or devolve upon her. Such property may be
disposed of by her in all respects as an unmarried woman, and on her
decease the same shall, in case she dies intestate, go as the same
would have gone if her husband had been then dead
• provided that, if any such wife again cohabits with her husband, all such
property as she may be entitled to when such cohabitation takes place shall
be held to her separate use, subject, however, to any agreement in writing
made between herself and her husband whilst separate.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy