Section 13A – Hindu Marriage Act – Alternate Relief In Divorce Proceedings.

Code

Section 13A of the Hindu Marriage Act, 1955

“Alternate relief in divorce proceedings.—In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.”

Explanation

This section provides the court with the discretion to grant a decree of judicial separation instead of divorce in certain situations. This applies when the petition for divorce is filed under the Hindu Marriage Act, 1955, based on grounds other than:

• Adultery (Section 13(1)(ii))
• Desertion for two years or more (Section 13(1)(vi))
• Cruelty (Section 13(1)(vii))

The court can only grant judicial separation if it deems it just and fair based on the specific circumstances of the case.

Illustration

Consider a situation where a couple is seeking divorce due to irreconcilable differences. The court, after hearing both parties, might determine that despite the differences, the couple still holds strong emotional ties and there is a possibility of reconciliation. In such a case, the court might grant judicial separation instead of divorce, allowing the couple time to resolve their issues and potentially reunite.

Common Questions and Answers

Q: What are the advantages of judicial separation over divorce?

A: Judicial separation allows the couple to separate legally without severing the marital bond completely. This can provide time for reconciliation, prevent immediate division of property, and offer a more amicable resolution than divorce.

Q: How long does a couple have to be separated before they can get a divorce?

A: This section doesn’t dictate a specific separation period. However, the Hindu Marriage Act requires a period of one year after a decree of judicial separation for a divorce to be granted based on the grounds of separation.

Q: Can a party object to a decree of judicial separation?

A: Yes. Both parties have the right to present arguments and evidence in court regarding the appropriate relief. The court ultimately decides based on the facts presented.