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Oct 12, 2023 · Judicial Separation under Hindu Law refers to a legal remedy available to a married couple governed by Hindu personal laws who wish to live separately without terminating their marriage. Unlike divorce, which dissolves the marital bond, judicial separation allows the couple to live apart while still maintaining their marital status.
- Introduction
- The Concept of Marriage in Hindu Law
- Marriage Ceremonies
- The Concept of Judicial Separation
- Grounds For Judicial Separation
- Conclusion
- References
The concept of marriage is to establish a relationship between the husband and wife. According to old Hindu Laws, marriage is the formal ceremony and is a religious tie that can not be broken. According to Smritikars, even death can not break the relationship between a husband and a wife. The object of marriage is to permit a man and a woman to com...
Marriage is one of the most essential Sanskaras(values) of nature. The religious duties of marriage have three features in the following: 1. There is a permanent connection, which can not be detached once tied up. 2. There is an endless connection, which is valid not only in this life but also in lives to come. 3. There is a religious connection, i...
Marriage between Hindus, being a religious and an unbreakable tie, execution of specific ceremonies is still compulsory for a valid marriage. There are three significant areas where the specific ceremonies are to be acted. They are: 1. Sagai – This is a formal promise from the father to give the girl in marriage. 2. Kanyadan– This is the actual giv...
Judicial Separation is a medium under the law to give some time for self-analysis to both the parties of a disturbed married life. Law gives a chance to both the husband and wife to rethink about the extension of their relationship while at the same time guiding them to live separately. By doing this, the law allows them the free space and independ...
It is given under Section 10of the Act; the spouse can file a petition for judicial separation on the basis of the following grounds: Adultery[Section 13(1)(i)]- It means where any of the spouses voluntarily had sexual intercourse with any other person except his/her spouse. Here, the aggrieved party can claim the relief but that intercourse should...
A marriage is considered as a sacred relation in our nation but a person should have an exit from a relationship when he/she is not happy with that relation. People have faith towards the Hindu Marriage Act, 1955that they can seek relief from the marriage by filing a divorce. This Act does not allow for leaving a relationship without any valid reas...
https://indiankanoon.org/doc/590166/ https://www.legalbites.in/concept-forms-marriage/ https://www.lawnn.com/judicial-separation/ http://www.helplinelaw.com/family-law/JUDISI/judicial-separation-in-india.html https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf https://www.vakilno1.com/legalviews/judicial-separation-divorce-india.html Studen...
- Ayush Verma
Oct 24, 2023 · Judicial Separation under Hindu Law is a legal procedure designed to give troubled couples some time to reflect on their marriage. It allows both the husband and wife to reconsider their relationship while living apart.
Sep 30, 2022 · Spouses married under the Hindu marriage act 1955 are entitled to claim the relief of judicial separation, it is referred as, A legal procedure where the married couple lawfully split up or separates despite of being married.
- Rachit Garg
- Adultery. Adultery implies the consensual and mutual involvement of a married person with another individual of the different sex who is married or single.
- Cruelty. Both mental and physical cruelties are part of the cruelty concept. Physical cruelty implies that one partner hurts the other partner or induces some bodily harm.
- Desertion. In sub-section (1) of Section 13, Hindu Marriage Act, 1955, Parliament has explained desertion: “The expression ‘desertion’ means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to marriage, and its grammatical variations and cognate expressions shall be construed accordingly”.
- Conversion. Section 13(1)(ii) talks about conversion. If without any of the permission of the other partner, one of the partners changes his religion to some other religion, the other spouse may apply to the court and request divorce or Judicial Separation remedy.
Oct 20, 2023 · Judicial separation in India is a legal ruling issued by a court that orders a married couple to live separately or stop their marital relations without ending their marriage. It’s sometimes referred to as ‘divorce a mensa et thoro,’ meaning separation from ‘bed and board.’.
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Sep 27, 2022 · Explore the concepts of divorce and judicial separation under Hindu law. Understand the grounds for divorce and judicial separation as per the Hindu Marriage Act.
