Section 23 of SMA : Section 23: Judicial Separation

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 her a decree of judicial separation. This means she is no longer legally obligated to live with her husband during the period of separation. However, the Act also provides that if, in the future, she and her husband decide to reconcile, they can apply to the court to rescind the decree of judicial separation, and if the court finds it just and reasonable, they can cohabit once again as husband and wife.