Section 10 of HMA : Section 10: Judicial Separation

Explanation using Example

Imagine a scenario where Ravi and Priya are married under Hindu law. After some years, Ravi begins to exhibit cruel behavior towards Priya, causing her mental and physical harm. Priya, not wanting to divorce immediately, decides to seek a judicial separation. She files a petition under Section 10 of The Hindu Marriage Act, 1955, citing the cruelty as her ground, which is also a valid ground for divorce under Section 13(1). The court grants her a decree for judicial separation, which means Priya is no longer legally required to live with Ravi while they are separated. If, over time, Ravi undergoes counseling and there is a significant change in his behavior, Priya might consider resuming their marital relationship. She can then apply to the court to rescind the decree of judicial separation, and if the court finds it just and reasonable, they can revoke the decree, allowing Ravi and Priya to cohabit again as husband and wife.