Judicial separation.
pratik
(Querist) 25 July 2010
This query is : Resolved
10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party-
(a) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(b) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or
(c) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or
(d) has, immediately before the presentation of the petition, been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or
(e) has been continuously of unsound mind for a period of not less than two years immediately preceding the presentation of the petition; or
(f) has, after the solemnization of the marriage, had sexual intercourse with any person other than his or her spouse.
Explanation.-In this section, the expression "desertion", with its grammatical variations and cognate expressions, 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 the marriage.
Query : 1)A per section 10 of the hindu marriage act which abovementioned i have heard that if there is a Judicial separation between the husband & wife than they can't marry in their life time but refering the above section there is no clause which says that if the Judicial separation judgement is passed by the competent court than the opposite party can't marry . Also as per section 15 of the above said act not time limit is perferd to appeal to the appellate court so we have to refer to the limitation act or not.
2)Meaning of with its grammatical variations and cognate expressions.
3)Can any body explain me the clause a to d of section 10 pls because i am confused. meaning of deserted as per the clause a of the section 10.
Pls answer the query experts. pls
Thanks In Advance.
GOD BLESS U ALL.
Raj Kumar Makkad
(Expert) 25 July 2010
There is no requirement to mention the ban to re-marry during the period of judicial separation as this section is meant only to define the provisions relating to judicial separation. Section 13 with its entirety deals with various modes of divorce. The period for making/preferring appeal has rightly not been described because it can be got rescind by either of the parties as and when it deems fit.
