Section 10 HMA: Judicial separation
Hindu Marriage Act, 1955
Section 10 HMA at a Glance
Section 10 HMA lets either spouse petition for judicial separation on any divorce ground in Section 13(1) HMA, and a wife also on Section 13(2) HMA grounds. The decree ends the petitioner's duty to live with the respondent.
Section 10 HMA Bare Act Text
10. Judicial separation.
(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.
(2) Where a decree for judicial separation has been passed, it shall no longer be 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.
Amendments to this section
- Subs. by Act 68 of 1976, s. 4, for sub-section (1) (w.e.f. 27-5-1976).
Section 10 HMA in Simple Words
Section 10 HMA allows a married spouse to obtain a court decree for judicial separation instead of a divorce. Under Section 10(1) HMA, either party to a marriage, whether solemnised before or after the commencement of the Hindu Marriage Act, 1955, may present a petition praying for a decree for judicial separation. Section 10(1) HMA was substituted by Act 68 of 1976 with effect from 27 May 1976.
Either the husband or the wife may seek judicial separation on any ground listed in Section 13(1) HMA for divorce. Those grounds are that the other party: had voluntary sexual intercourse with any person other than the spouse after the marriage; treated the petitioner with cruelty after the marriage; deserted the petitioner for a continuous period of not less than 2 years immediately before the petition was presented; ceased to be a Hindu by converting to another religion; has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent; has been suffering from a venereal disease in a communicable form; renounced the world by entering any religious order; or has not been heard of as alive for 7 years or more by persons who would naturally have heard of that party if alive.
Section 10(1) HMA also gives a wife an additional right: a wife may present a petition for judicial separation on any of the further divorce grounds specified for a wife in Section 13(2) HMA.
Section 10(2) HMA sets out the legal effect of the decree and how it can end. Once a decree for judicial separation is passed, the petitioner is no longer obliged to cohabit, meaning live together as spouses, with the respondent. However, either party may later apply to the court by petition to rescind (cancel) the decree, and the court may rescind the decree if satisfied of the truth of the statements in that petition and if the court considers it just and reasonable to do so.
When Section 10 HMA Applies
- A marriage solemnised either before or after the commencement of the Hindu Marriage Act, 1955.
- A petition presented by either party to the marriage on any ground in Section 13(1) HMA, or by the wife also on any ground in Section 13(2) HMA.
- Once a decree for judicial separation is passed, cessation of the petitioner's obligation to cohabit with the respondent.
- For rescinding the decree, an application by petition from either party, satisfaction of the court as to the truth of the statements in that petition, and the court considering rescission just and reasonable.
Example of Section 10 HMA
When Section 10 HMA Does Not Apply
- The additional divorce grounds in Section 13(2) HMA apply only in the case of a wife and cannot be used by a husband petitioning under Section 10(1) HMA.
- A petition under Section 10(1) HMA does not lie where none of the grounds in Section 13(1) HMA (or, for a wife, Section 13(2) HMA) is satisfied, such as desertion lasting less than a continuous period of 2 years immediately preceding the petition under Section 13(1)(ib) HMA.
- Under Section 10(2) HMA, a court will not rescind a decree for judicial separation unless a party applies by petition, the court is satisfied of the truth of the statements in that petition, and the court considers rescission just and reasonable.
FAQs on Section 10 HMA
What is Section 10 HMA?▼
Section 10 HMA lets either party to a marriage petition the court for a decree of judicial separation on any divorce ground in Section 13(1) HMA, and lets a wife also petition on the grounds in Section 13(2) HMA. Once the decree is passed, the petitioner is no longer obliged to cohabit with the respondent, though the court may later rescind the decree on either party's petition.
Does a decree under Section 10 HMA dissolve the marriage like divorce?▼
No. Unlike Section 13 HMA, which dissolves a marriage by a decree of divorce, Section 10(2) HMA states that a decree for judicial separation ends the petitioner's obligation to cohabit with the respondent and allows the court to rescind the decree later.
Does Section 10 HMA apply to marriages solemnised before the Hindu Marriage Act, 1955 came into force?▼
Yes. Section 10(1) HMA expressly covers any marriage solemnised either before or after the commencement of the Hindu Marriage Act, 1955.
Can a wife apply for judicial separation on extra grounds under Section 10 HMA?▼
Yes. While either spouse may petition on any ground specified in Section 13(1) HMA, Section 10(1) HMA allows a wife also to petition on any of the grounds specified in Section 13(2) HMA.
Who can apply to rescind a decree for judicial separation under Section 10(2) HMA?▼
Either party to the marriage. Section 10(2) HMA allows either the petitioner or the respondent to apply by petition to have the decree rescinded.
Is the court bound to rescind a judicial separation decree whenever a spouse applies under Section 10(2) HMA?▼
No. Under Section 10(2) HMA, the court may rescind the decree only on being satisfied of the truth of the statements made in the petition and if the court considers it just and reasonable to do so.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·