Judicial Separation under Hindu Marriage Act, 1955
The concept of marriage is to establish a relationship between the husband and wife. According to old Hindu Laws, marriage is the formal ceremony and is a religious tie that can not be broken. According to Smritikars, even death can not break the relationship between a husband and a wife. The object of marriage is to permit a man and a woman to complete the religious duties of the life made by God. According to earlier scriptures, a man was imperfect without a woman and a woman(ardhangini) is also incomplete without her husband. In modern laws, if a person does not want to stay in married life and does not want to extend any longer then he/she can request relief under the Hindu Marriage Act, 1955 by way of the Judicial Separation. The concept of marriage in Hindu Law Marriage is one of the most essential Sanskaras(values) of nature. The religious duties of marriage have three features in the following: ? There is a permanent connection, which can not be detached once tied up. ? There is an endless connection, which is valid not only in this life but also in lives to come. ? There is a religious connection, in which the performance of religious ceremonies is required. Hindu Marriage was designed to be a religious ceremony and conducted formally to give specific blessings; the consent of the parties didn?t hold any significant place in old Hindu Law. Under Section 12 of the Hindu Marriage Act, it is defined that a marriage is voidable if the following are satisfied: ? Either party is impotent or unfit for the procreation of children. ? The condition specified in clause (ii) of Section 5: 1. Either party gives consent in the form of an unsound mind at the time of marriage. 2. Capable of giving a valid consent as such unfit for the procreation of the child while he/she has been suffering from a mental disorder. 3. Either party is subjected to the habitual attack of mental disorder. ? If the marriage happened without the consent of the bride or her parent or guardian pressure. ? The bride was pregnant by another man other than the bridegroom at the time of the marriage. Section 5 of the Hindu Marriage Act,1955, defines that a marriage is valid if the following conditions are satisfied: ? Either party shouldn?t have any other living spouse at the time of the marriage. ? Neither party is incapable of giving valid consent. The consent would be valid only when the parties are of sound mind at the time of giving consent. ? Neither party has been subject to the habitual attack of mental disorder. ? The age of both spouses should be legal according to the Marriage Laws, 1976(bridegroom should be 21 years old and bride should be 18 years old). ? Either party should not fall within the degree of prohibited relationship which is provided under Section 3(g) of the Hindu Marriage Act,1955. ? There should not be the Sapinda relationship between the spouses. Section 11 of the Hindu Marriage Act,1995 states that a marriage is void if the clause (i), (vi), (v) of Section 5 is not satisfied. These are clauses in the following: ? Either party shouldn?t have any other living spouse at the time of the marriage. ? Either party should not fall within the degree of prohibited relationship which is provided under Section 3(g) of the Hindu Marriage Act,1955. ? There should not be the Sapinda relationship between the spouses. The advanced concept of marriage is contractual in nature. It takes the ethics of liberty and equality(free choice and Individuals). Today, it is an established opinion of the people that marriage is to be operative and must be an agreement by choice entered into by both parties.


