Grounds for Judicial Separation

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:

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 be placed after
the marriage.

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.

Cruelty [Section 13(1)(i-a)]- When the spouse treats his/her partner with

cruelty or inflicts any mental or physical pain after the marriage. The sufferer
can file a petition on the grounds of cruelty.

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.

Desertion [Section 13(1)(i-b)]- In this section, it is defined that if the spouse

left the other spouse for any reason without informing him/her for a period not
less than 2 years before filing the petition by another spouse, desertion gives a
right to claim relief of judicial separation for the hurt party.

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.

Unsound mind [Section 13(1)(iii)]- If any spouse in a marriage is suffering

from any mental disease which is difficult to live for the other spouse with the
sufferer. The other spouse can claim relief from judicial separation.

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.

Leprosy [Section 13(1)(iv)]- If any spouse suffering from any disease like

leprosy,  which can not be recovered, then the other party can file a petition for
judicial separation because he/she can not waste their own time due to the
sufferer.

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.

Venereal Disease [Section 13(1)(v)]- If any party to a marriage or a spouse

has any type of disease which is incurable and communicable and the spouse
does not know about the fact at the time of marriage, then it could be a valid
ground for the spouse to file petition for judicial separation.

Illustration- ‘A’ is suffering from an abnormal disease that is spread by

communication. The disease which is irrevocable. In this case, ‘B’ the wife of ‘A’
can file a petition for the judicial separation in good faith for their future of the
two children.

Renounced the World [Section 13(1)(vi)]- In Hindu law, by renouncing the

world means “Sannyasa”. Renunciation from the world conveys that the person
has given up the world and leading a holy life. He is considered a civil dead. If a
spouse renounces the world to live a holy life, his/her partner can file for judicial
separation.

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.

Civil death/Presumed death [Section 13(1)(vii)]- If a person is not found for

7 or more years and their relatives or any other person have not heard from
him/her or it is believed that he/she may be dead. Here, the other spouse can
file for 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.