Section 23 of SMA : Section 23: Judicial Separation

The Special Marriage Act, 1954

Bare Act

  • CHAPTER V: RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

(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 grante...

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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 re...

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 S...

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