A process adopted by the court to give time to the couple to have introspection about their troubled relationship. The concept of judicial separation ceases cohabitation amongst the parties to the marriage but does not dissolve the marriage.
It is an instrument which gives or extends opportunity to both the wife and the husband to, on one hand, take necessary actions to continue their relationship and, on the other, directs them to live separately. This allows them to have independence from each other and the much-needed space to breathe.
Judicial separation is the last resort before the official and legal decree of divorce. The decree of judicial separation does not bring about an end to the marital status of a couple. The marriage, even on passing of the judicial separation decree, subsists and continues. The only effect which the decree brings is that the cohabitation of the parties is suspended.
Generally, the grounds on which the decree for judicial separation can be awarded are similar to those for a decree of divorce. Some of the grounds include:
- Venereal (communicable) disease
- One of the parties not being heard for a continuous period of seven years
- Renunciation of the world
- Insanity
- Incurable form of leprosy
- Cruelty
- Adultery
- Desertion
- Apostasy
Apart from the above grounds, a **female petitioner** may seek judicial separation on additional grounds such as:
- Non-resumption of cohabitation by the husband for at least one year after the passing of the judicial separation decree
- Rape, sodomy, or bestiality committed by the husband