The provision for judicial separation is contained in section 10 of the Hindu Marriage Act, 1955. The section reads as under:
"A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought."
Here question arises what is the meaning of Judicial Separation: In strict sense a court decree requiring a man and wife to cease cohabiting but not dissolving the marriage.
But in broader sense it can be said that Judicial Separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally-binding consent decree. The most common reason for filing with the courts for a legal separation is to make interim financial arrangements for the two of them, such as deciding which one will pay which bills, possess which property, and whether one of them shall pay the other temporary financial support. These financial arrangements are actually what the term “separate maintenance” refers to, and “separate maintenance” is not a synonym for “legal separation”.
Hence, judicial separation can be had on any of the following grounds:
If the person applying for judicial separation is the wife, then the following grounds are also available to her:
1. Remarriage or earlier marriage of the husband but solemnized before the commencement of Hindu Marriage Act, 1955, provided the other wife is alive at the time of presentation of petition for judicial separation by the petitioner wife.