Section 23 of SMA : Section 23: Judicial Separation

Bare Act

(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,

• (a) on any of the grounds specified in sub-section (1) and sub-section (1A) of section 27 on which a petition for divorce might have been presented; or
• (b) on the ground of failure to comply with a decree for restitution of conjugal rights;

and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.

(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

Simplified Act

(1) A husband or wife can ask the local district court for a legal separation by submitting a request known as a petition. This can be done for the following reasons:

• (a) Based on the same reasons that one could file for divorce, as listed in section 27, subsections (1) and (1A); or
• (b) If one partner does not follow a court order to resume their marital relationship (restitution of conjugal rights).

If the court believes the reasons in the petition are true and there's no legal rea...

Explanation using Example

Imagine a scenario where a woman has been subjected to repeated acts of cruelty by her husband. She decides that she needs a break from the marriage to think things over but is not yet ready to file for divorce. She learns about Section 23 of The Special Marriage Act, 1954, which allows her to seek judicial separation. She files a petition in the district court, citing the cruelty as her ground, which is also a valid ground for divorce under the Act.

The court examines the evidence presented and, after verifying the truth of her statements and finding no legal reason to deny the application, grants ...