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Grounds For Judicial Separation Sec 10
Grounds For Judicial Separation Sec 10
It is given under Section 10 of the Act; the spouse can file a petition for judicial
separation on the basis of the following grounds:
Case- Revathi Vs. Union of India and Ors – In this case, the Court held that
Section 497 of IPC is prepared like, a husband can not prosecute the wife for
defiling the sanctity of the married tie by the charge of adultery. The law does
not permit the husband of the offending wife to prosecute his wife and the wife
also has not permitted to prosecute the offending husband for being disloyal to
her. Therefore, both the husband and wife have no right to strike each other
with the weapon of criminal law.
Case- Shyamsundar Vs. Santadevi – in this case after the marriage, the wife
was badly harmed by her husband’s relatives and the husband also stood lazily,
taking no steps to protect his wife.
The Court held that the intentional neglect to protect one’s own wife amounts to
cruelty on the husband’s part.
Case- In the case, Guru Bachan Kaur Vs. Preetam Singh, the husband filed a
petition for divorce after 7 years of declared desertion and never understood the
problems of the wife who was also a working woman. But the wife was willing to
live with her husband at her house in the place of her service.
The High Court held that there is nothing like mutual desertion. One party has
to be guilty in desertion.
Conversion/Apostasy [Section 13(1)(ii)]- If any spouse gets converted into
any other religion other than Hindu, then the other spouse can file for judicial
separation.
Case- In Durga Prasad Rao Vs. Sudharshan Swami, it was observed that in
every conversion case, formal rejection of religion or operation of the sacrificial
ceremony is not essential. Therefore, in the case of conversion, the question of
fact arose.
Case- Anima Roy Vs. Prabadh Mohan Ray (AIR 1969) in this case, the
respondent was found suffering from an abnormal disease after 2 months of
marriage. The doctor who checked the respondent also could not find the
particular time of starting the illness. Therefore, it was held that disease was
not proved at the time of marriage.
Illustration- ‘A’ a sufferer of an abnormal disease and ‘B’ is the wife of ‘A’. If ‘A’
is suffering from a disease that is incurable and the doctor also can not
understand the disease. In this case, ‘B’ can file a petition for judicial separation
if she doesn’t want to continue with her husband.
Illustration- If ‘A’ changed his religion and went somewhere, where people also
can not find him. ‘B’ the wife of ‘A’ got hurt so much by hearing this news.
Therefore she can file a judicial separation.
Illustration- ‘A’ and ‘B’ have been husband and wife for 4 years and suddenly
the husband disappeared for about 8 years. ‘B’ as his wife she did her best to
find her husband in these 8 years but she couldn’t find him. Then, ‘B’ can file
the judicial separation for this case.