India

Allahabad High Court Upholds Judicial Separation Order Under Hindu Marriage Act

The Allahabad High Court has affirmed that under Section 10 of the Hindu Marriage Act, 1955, if there is no cohabitation between husband and wife for a year following a decree for the restoration of marital rights or judicial separation, the separation order remains valid.

In its ruling, the bench of Justice Soumitra Dayal Singh and Justice Donadi Ramesh stated that if no cohabitation occurs within the stipulated statutory period, the affected party has the option to file for divorce based on the absence of cohabitation.

The court observed that during the relevant period, there was no cohabitation between the parties, thus deeming the judicial separation decree appropriate.

Consequently, the court dismissed the wife’s appeal.

Case Background

The case involved a dispute from Urai, Jalaun, where the husband alleged that his wife had left him in 2002.

Despite his efforts to revive the marital relationship, the wife did not resume cohabitation, leading him to seek restoration of marital rights.

The wife countered with a request for judicial separation.

In 2006, the trial court dismissed the husband’s case but granted judicial separation as requested by the wife under Section 10 of the Act.

One year later, the husband claimed that there had been no cohabitation, while the wife asserted that they had lived together.

Believing the husband’s claim, the trial court ordered a divorce for both parties.

The wife challenged this decision in the High Court.

The High Court concluded that the trial court correctly found no reason to doubt the husband’s claim that the parties had not lived together, and thus, their marriage had not been revived within one year of the judicial separation decree.

The court noted that there was no evidence proving that the marriage had revived after 11 May 2006.

Additionally, regarding the applicability of Section 13(1A) of the Act, the court held that it depended on cohabitation, which clearly did not occur.

Also Read: Allahabad High Court Orders Investigation Into Alleged Misuse Of Government Position In Jhansi

Vishal Talwar

Recent Posts

India’s Mobile Phone Manufacturing Boom: A Decade Of Growth

India's mobile phone manufacturing sector has witnessed a remarkable transformation over the past decade. Driven…

45 seconds ago

Abhishek Banerjee Demands CBI Accountability In RG Kar Doctor Murder Case

Trinamool Congress General Secretary Abhishek Banerjee on Wednesday called for the Central Bureau of Investigation…

16 mins ago

Malayalam Film Industry Faces Scrutiny: SIT To Investigate Hema Committee Report

After a series of holidays, the Special Investigation Team (SIT), a team of four woman…

36 mins ago

Protesting Doctors Demand Fresh Talks With Bengal Government

The West Bengal Junior Doctors’ Association (WBJDF) is continuing its protest against the tragic rape…

1 hour ago

Assam BJP Aims To Enroll 40 Lakh New Members Amid Ongoing Membership Drive

Assam BJP is gearing up to intensify its membership drive next week, with a target…

2 hours ago

Israeli Airstrike Kills 3 Hezbollah Members In Southern Lebanon

Three members of the Hezbollah militant group were killed in an Israeli airstrike on a…

3 hours ago