Judicial separation under Section 10
Section 10 of the Hindu Marriage Act, 1955 permits either spouse to seek a decree of judicial separation on the grounds available under Section 13(1). A wife may additionally rely on the grounds specified in Section 13(2), where applicable.
After a decree of judicial separation, cohabitation is no longer obligatory. The court may later rescind the decree on an application by either party if it considers it just and reasonable to do so.
Sample affidavit format
IN THE COURT OF THE _____________ AT _____________
H.M.A. PETITION NO. ______ OF 20__
IN THE MATTER OF:
VERSUS
AFFIDAVIT
I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, presently residing at ____________________________________________, do hereby solemnly affirm and state as follows:
1. That I am the Petitioner in the accompanying petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955, and I am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.
2. That I have read and understood the contents of the accompanying petition. The statements of fact contained therein are true and correct to my knowledge and belief, and the legal submissions are based on advice received and believed by me to be true.
3. That my marriage with the Respondent was solemnised on _____________ at _____________ in accordance with Hindu rites and ceremonies / applicable customary rites.
4. That the particulars relating to the parties, marriage, residence, jurisdiction, matrimonial history and other material facts stated in the accompanying petition may be read as part of this affidavit and are not repeated here for the sake of brevity.
5. That the facts constituting the ground or grounds on which judicial separation is sought are correctly set out in the accompanying petition and are true to my knowledge and belief.
6. That the petition has not been presented in collusion with the Respondent and, to the best of my knowledge, there is no legal bar to grant of the relief sought, subject to the determination of the Hon'ble Court.
7. That the details of any previous or pending matrimonial proceedings between the parties, if any, have been fully disclosed in the accompanying petition.
8. That the annexures/documents filed with the accompanying petition are true copies of their respective originals, wherever so stated.
9. That this affidavit is made in support of the accompanying petition under Section 10 of the Hindu Marriage Act, 1955.
DEPONENT
VERIFICATION
I, ____________________________, the above-named deponent, do hereby verify that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my knowledge and belief, that no material fact has been concealed, and that nothing stated herein is false.
Verified at __________________ on this ____ day of __________________, 20__.
DEPONENT
Attestation:
Solemnly affirmed / sworn and signed before the competent authority in accordance with the applicable law and local court rules.
Key legal provisions to check before filing
Section 10: Judicial separation. The grounds are linked to Section 13(1), with additional grounds available to a wife under Section 13(2), where applicable.
Sections 19 and 20: These provisions deal with the court in which a petition may be presented and the contents and verification of petitions.
Section 21: Subject to the Act and rules made by the High Court, proceedings under the Hindu Marriage Act are regulated, as far as may be, by the Code of Civil Procedure, 1908.
Section 22: Proceedings under the Act are to be conducted in camera, subject to the statutory rule on publication.
Family Courts Act, 1984: In areas where a Family Court has been established, matrimonial jurisdiction is ordinarily exercised in accordance with that Act and applicable rules.