• lawyers for judicial separation
    We understand how hard, emotional and painful a divorce process can be
  • lawyers for judicial separation
    We help our clients, guiding them through the life-altering process
  • lawyers for judicial separation
    Sophisticated representation for complex divorce / annulment / separation situations

Judicial Separation

What is the difference between Judicial Separation and Divorce

Judicial separation is different from divorce. In case of judicial separation court orders for the probation of co-habiting the couple but still both wife and husband shall remain in the same ties of marriage obligations. Whereas divorce is end of marriage.

U/S 10 of the Hindu Marriage Act, 1955.

  • 1 Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party-
    • a) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
    • b) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or
    • c) has, for a period of not less than one year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or
    • d) has, immediately before the presentation of the petition, been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or
    • e) has been continuously of unsound mind for a period of not less than two years immediately preceding the presentation of the petition; or
    • (f) has, after the solemnization of the marriage, had sexual intercourse with any person other than his or her spouse.


No provision so far enabling parties to the marriage parties to the marriage to seek the remedy of judicial separation.

U/S 22of the Indian Divorce Act, 1869. (for Christians)

Judicial Separation on grounds of :
  • Adultery
  • Cruelty
  • Desertion, without reasonable excuse for two years or more

U/S 34 of the Parsi Marriage & Divorce Act, 1936.

Suits for judicial separation.—Any married person may sue for judicial separation on any of the ground for which such person could have filed a suit for divorce

U/S 23 of the Special Marriage Act, 1954

(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 1[in sub-section (1)] 2[and sub-section (1-A)] 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.


  • I did my Doctorate in Psychology and Nero Sciences. I approached Dr. Rao for advice. A holistic and honest view while addressing the core issues.

    - by Shilpa Sist- United Kingdom    

  • Right from the moment i started explaining. Highly relieved after talking to Mr. Rao., Try it out yourself. I rate him "Excellent".

    - by Murthy - USA    

  • Very efficient and dynamic lawyer. I am so glad to acknowledge reliable lawyer. More than content to have met him and taken his advise.

    - by Blessy Mcwan -    

  • GMRao is very professional.I was very impressed with his consulting and will highly recommend his services to any one who is in trouble related to wife.

    - by Siddhartha -    

  • Mr. GM Rao is highly client focused and provides 360 degree expansive legal advise based on all the possible implications.As a lawyer Mr. GM Rao is ethical fair and will go the extra mile if you trust his expertise.

    - by Kalpana -USA    

Keep in touch

Maheshwari Complex,Masab Tank, Hyderabad.
+91 959 005 9999
If I am unable to take up your call, please leave SMS with your name, purppse of the call and short details about your case, I will call you back.
Copyright © 2015 - All Rights Reserved -  GMRao AdvocateVer.1.11.2020