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Pravesh DabasAdvocate Delhi, India

02 · Family & Personal Matters

Divorce & Judicial Separation

Divorce ends a marriage by court order. Judicial separation allows spouses to live apart under a court order while the marriage itself continues.

Judicial separation lets spouses live apart under a court order without ending the marriage.

What this covers

  1. 01Divorce by mutual consent
  2. 02Contested divorce on statutory grounds
  3. 03Judicial separation
  4. 04Annulment of void or voidable marriages
  5. 05Settlement of alimony, custody and property alongside divorce

How it generally works

Under the Hindu Marriage Act, 1955, spouses who have lived separately for at least a year and agree that the marriage should end may seek divorce by mutual consent under section 13B. There is ordinarily a waiting period of six months between the first and second motions, which courts may waive in suitable cases.

A contested divorce requires proof of a ground recognised by law, such as cruelty, desertion for two years, adultery or certain illnesses. The Special Marriage Act, 1954 and other personal laws contain similar provisions.

Judicial separation is available on the same grounds as divorce and suspends the obligation to live together without ending the marriage.