Navigating Marital Disputes: The Role of Judicial Separation in Modern Hindu Marriages

  • Samridhi Mittal
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  • Samridhi Mittal

    Student at Christ (Deemed to be University), Pune Campus, India

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Abstract

Hindu law views marriage as a holy and indestructible ritual, representing an enduring relationship that transcends lifetimes. In India, Hindu weddings are governed by the Hindu Marriage Act of 1955 (HMA), which also has judicial separation measures. Married couples may live apart without ending their marriage thanks to judicial separation, which gives them an opportunity to work things out before filing for divorce. This article offers a thorough analysis of judicial separation under the HMA, looking at its definition, significance, context, legal foundation, grounds for separation, procedural features, and ramifications. Couples can evaluate their marriage, get treatment, and perhaps prevent divorce through legal separation. The essay highlights the possibility of reconciliation and the maintenance of marital ties by drawing comparisons between legal separation and divorce. It also covers the function of counselling and mediation as well as the necessity of legislation changes to improve access to support services. Case laws are included to show how judicial separation is really applied in practice. In the end, the paper emphasizes how crucial judicial separation is as a way to resolve marital disputes while defending the family's interests and future.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 4, Page 23 - 31

DOI: https://doij.org/10.10000/IJLSI.112077

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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