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Section 23: Judicial separation.

The Special Marriage Act, 1954Central Act · Act 43 of 1954

(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,--

(a) on any of the grounds specified [in sub-section (1) [and sub-section (1A)] of section 27] on which a petition for divorce might have been presented; or

(b) on the ground of failure to comply with a decree for restitution of conjugal rights;

and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.

(2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

Where this provision sits

ActThe Special Marriage Act, 1954
Section23
Marginal noteJudicial separation.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it4

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 29 of 1970. . Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970).
  • inserted, Act 68 of 1976. . Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976).

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