Judicial separation doesn’t terminate marital status of the parties but they are not obliged to live together. In continuance of separation party live separate from each other and basic marital obligation remain suspended. But marriage subsist if any of them remarries, he or she will be guilty of bigamy. After the lapse of statutory time period for one year. If the parties are still not willing to continue as husband and wife, either of them can seek divorce. The provision of judicial separation aim to preserve bond, as the party may regret action taken in haste or anger during the period of one year. Thus judicial separation either leads to reconciliation or to divorce. Thus it is viewed as lesser evil than divorce.

The courts have been given discretionary power to grant judicial separation instead of divorce in a petition for divorce founded on same ground, even though no such prayer is made in the petition.

However if a divorce proceeding is filed on the ground of change of religion, pronunciation of world or presumption of death, the court has no power to pass judicial separation in place of divorce decree.

Either party of marriage solemnized before or after this act may present the petition praying for a decree of judicial separation on any of the grounds specified in 13(1) and in the case of wife also on any of the ground specified in 13(2) thereof. These grounds on which a decree of divorce might have been presented.

Section 10(2) provides that where a decree for judicial separation has been passed, the court may on the application by the 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.

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