An aggrieved spouse can obtain judicial Separation on any of the grounds for divorce.
Adultery
Unreasonable behaviour
Desertion
Two years’ separation with consent
Five years’ separation without consent
However, in order to obtain Judicial Separation, marriage for marriage for a minimum period of 12 months is not required. Therefore couples that cannot apply for a divorce because they have not been married for 12 months can always apply for a judicial Separation, wherein decisions regarding the children, if any, property and money can also be taken. In Judicial Separation, the marriage is not terminated but you do not have to live together. In order to get a Judicial Separation, a petition has to be filed in the Court, A h a “Statement of Arrangements” Form also has to be filed as it is done in a divorce case. The original or certified copy of the marriage certificate also has to be submitted along with a court fee or a fees exemption form.
Nullity of Marriage
A marriage can be “Annulled” if it is not valid. In order to get a marriage annulled, a “Nullity Petition” has to be filed. Nullity of marriage can be sought for in the following situations:
The marriage has not been consummated (There has been no sex between the husband and the wife since marriage)
One of the spouses was already married at the time of the marriage
One of the spouses was below 16 years of marriage at the time of the marriage
Inter – married (Married to a close kin)
Your partner was suffering from infectious venereal disease, which he was aware of at the time of marriage, but did not let you know about it.
The bride was pregnant at the time of the marriage and the child belonged to some other person, which she was aware of but the husband was not made aware
The application for annulment of a marriage must be made within a reasonable time. You need not be married for a minimum period of 12 months before you can apply for annulment of a marriage.
