1.

Introduction: - Marriage is considered as an unbreakable tie between husband

and wife. However, at times it is difficult to adjust in a relationship. Similarly,
marriage can also come to an end. The parties have a remedy to it through
Judicial Separation or Decree of Divorce. Though the grounds provided for both
are same but there is a difference between both.

2. Meaning: -Section 10(1) provides that either husband or wife can file for a
decree of judicial separation on any of the grounds as mentioned by law. These
grounds are discussed under Section 13(1) of the Hindu Marriage Act, 1955.
Also, few additional grounds are mentioned particularly for wife under Section
13(2) of the Act. However, a decree of Judicial Separation does not amount final
end of the marriage. It only frees the party from marital obligations.
3. Grounds for Judicial Divorce
a) SECTION 1 (Fault Grounds)

i. Adultery (Section 13(i))

If the opposite party involves in voluntary sexual intercourse with someone
other than his or spouse after solemnization of marriage shall amount to
adultery. Even a single act of adultery gives the opposite party a chance
for relief. Many courts have stated that circumstances must be so
compelling that the only irresistible conclusion can be adultery. Also, if an
unrelated person is found with wife after midnight be conferred as
adulterous act. 

ii. Cruelty (Section 13(ia))

When either of the spouse a bad behaviour towards another amounts to
cruelty. This cruelty includes mental as well as physical cruelty.
A consistent course of conduct inflicting immeasurable mental agony
and torture may constitute cruelty. Mental cruelty may consist of verbal
abuses and insults by using filthy and abusive language leading to
constant disturbance of mental peace of the other party. Physical
violence is considered as a physical cruelty.

iii. Desertion (Section 13(ib))

If either party has deserted the petitioner for continuous period of two
years then his or her spouse can file a petition for judicial separation. The
term desertion means to desert the other party without any sufficient
cause. A wife may file a case on ground of adultery without any other
qualifying offence such as cruelty or desertion. When a petition is filed the
petitioner is expected to prove intention through conduct as person’s mind
cannot be read.

iv. Conversion (Section 13(ii))

If one party converts from Hindu to any other religion then his or her
spouse has an option to file a petition under Section 10. It is to be noted
that conversion does not give chance to the converted party to file the
petition.

v. Unsound Party (Section 13(iii))

 Where either of the party is suffering from a mental disorder to an extent
that petitioner cannot live with other party. However, it is important to
prove that the respondent is of unsound mind. The term ‘metal disorder’
means mental illness, arrested or incomplete development of mind,
psychopathic disorder or disability of mind, and includes schizophrenia.

vi. Venereal Disease (Section 13(v))

If the party is suffering from venereal disease that be communicable in
form then other party can obtain the relief.

vii. Renounced the world (Section 13(vi))

If the spouse enters into the leaves the worldly affairs and enters any
religious believes only. It is believed to be civil death and provides relief for
judicial separation to other party.

viii. Presumed death (Section 13(vii))

This refers when spouse is missing since past seven years continuously
and neither of his or her friends, relatives or any other person possible is
aware about his existence or has not been heard alive.
Further, Section 13(2) of the Hindu Marriage Act, 1955 provides various
grounds for wife to file a decree of judicial separation against the husband.

b) SECTION 2 (Special Wife Grounds)

i. Bigamy
Wherein husband has more than one wife living. It is to be noted, that if
the husband has married before the commencement of the Act and after
this, he has remarried again then such a petition can be filed. Provided
that the other wife must be alive during the presentation of petition.

ii. Rape, Sodomy or Bestiality

If the husband has committed an offence like rape, sodomy or bestiality
then the wife can take the relief.

iii. Non-resumption of Cohabitation

If the court has passed a decree for maintenance under Section 18,
Hindu Adoption and Maintenance Act or Section 125 of CrPc and ever
since the parties have not cohabited together for a continuous time span
of 1 year then the wife seek divorce.

iv. Option of Puberty

If the marriage of women was done at a younger age and the marriage
was solemnized before the age of fifteen, then once she attains the age of
fifteen, she holds an option to repudiate the marriage before attaining the
age of eighteen.