WHEN MARRIAGE NEEDS A BREAK: EXPLORING THE GROUNDS FOR JUDICIAL SEPARATION IN INDIA

The concept of judicial separation serves as a crucial provision within the Hindu Marriage Act of 1955. While traditional Hindu law considers marriage as an indissoluble sacrament, the realities of modern life need legal mechanisms to address marital discord. Here comes the concept of judicial separation, as defined under Section 10 of the Hindu Marriage Act, 1955, which allows a court to order a married couple to live apart without dissolving the marriage. This provision serves as a vital stepping stone, offering couples a structured period to reflect on their relationship and potentially reconcile before going for the ultimate decision. The paper outlines the historical context and legal grounds for seeking judicial separation, including adultery, cruelty, desertion, conversion, and mental disorders. It also references landmark Indian court cases that have shaped the interpretation and application of these grounds.