PETITION FOR JUDICIAL SEPARATION SPECIAL MARRIAGE ACT

 IN THE DISTRICT COURT AT………………..

……………………………………………………………… Petitioner

versus

…………………………………………………………… Respondent

Petition for judicial separation under Section 23 of the Special Marriage Act, 1954 (No. 43 of 1954)

The petitioner prays as follows: —

1. The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized/registered under Chapter II/Chapter HI of Act the Act by the Marriage Officer of……………….. at…………….. on…………….. A certified copy of the certificate of marriage is attached with this petition:
2. The status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were as follows:

Husband                                                                                                          Wife

Status                                                                                                              Status

Age                                                                                                                  Age

Place of Residence                                                                                        Place of Residence

(i) Before marriage

(ii) At the time of filing the petition

3. (In this paragraph state the names of the children, if any of the marriage together with their sex, dates of birth or ages).
4. The respondent has……………….. (any one or more of the grounds available for judicial separation may be pleaded here.
5. The matrimonial offences charged should be set in separate paragraphs with time and places of their alleged commission.
6. The facts on which the claim to relief is founded should be stated in accordance with the Rules and as distinctly as the nature of the case permits).
7. (Where the ground of petition is adultery). The petitioner has not in any manner been accessory to or convinced at or condoned the adultery.
8. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the cruelty.
9. Where has not been any unnecessary or improper delay in filing the petition.
10. The petition is not presented in collusion with the respondent.
11. There is no other legal ground why relief should not be granted.
12. There has not been any previous proceedings with regard to the marriage by or on behalf of the parties.

OR

There have been the following previous proceedings with regard to the marriage by or on behalf of the parties: —

11. The marriage was solemnized at………………………………….

The parties last resided together at………………………………….

The parties are now residing at………………………………….

(within the local limits of the ordinary original jurisdiction of this Court).

12. The petitioner submits that this Hon’ble Court has jurisdiction to entertain this petition.
13. The petitioner, therefore, prays for a decree for judicial separation against the respondent.

Petitioner

VERIFICATION

The abovenamed petitioner states on solemn affirmation that Paras…………….. to……………….. of the petition are true to the petitioner’s knowledge and paras ……………….. to……………….. are true to the petitioner’s information received and believed to be true by him.

Verified on this…………….. day of……………….. 19……………….. at………………..

Place………………..

Petitioner

Petition for Judicial Separation Under the Special Marriage Act: An In-Depth Guide

In India, the Special Marriage Act, 1954, provides a framework for the legal union of individuals of different religions or those opting for a civil marriage.

For couples whose marriage has irreparably broken down but who are not ready to divorce, judicial separation under Section 23 of the Special Marriage Act can be a vital legal remedy.

Judicial separation allows both parties to live apart and temporarily suspends the obligations of marriage without formally dissolving it.

Here’s a comprehensive look at how a Petition for Judicial Separation is structured under the Special Marriage Act.

1. Introduction to the Petition

A Petition for Judicial Separation is initiated by the petitioner (either the husband or wife) who seeks to live separately from their spouse due to various reasons such as cruelty, adultery, or other matrimonial offenses.

The petition begins with a statement identifying the parties involved:

• The petitioner (husband or wife) and the respondent (the other spouse).
• The marriage was solemnized under the Special Marriage Act, either under Chapter II (for marriages performed with the permission of the Marriage Officer) or Chapter III (for those registered after solemnization). A certified copy of the marriage certificate is attached to the petition.

Example:

• “The petitioner is the husband/wife of the respondent. The marriage between the parties was solemnized/registered under Chapter II of the Special Marriage Act by the Marriage Officer of [location] at 2025. A certified copy of the certificate of marriage is attached.”

2. Details of the Parties and Their Residence

In this section, the petitioner must provide details of both parties involved in the marriage, including their status, age, and place of residence before and at the time of filing the petition.

Example:

• “Husband: [Status], [Age], [Place of Residence before marriage], [Place of Residence at the time of filing the petition].”
• “Wife: [Status], [Age], [Place of Residence before marriage], [Place of Residence at the time of filing the petition].”

Additionally, if the couple has children, their names, sex, and ages should be provided.

Example:

• “The marriage has produced the following children:
  • [Name of Child], [Sex], [Date of Birth/Age].”

3. Grounds for Judicial Separation

The petitioner must specify the grounds on which they are seeking judicial separation. The Special Marriage Act provides grounds similar to those for divorce, which include:

• Adultery
• Cruelty
• Desertion
• Mental disorder
• Incompatibility

The petitioner must detail the facts supporting these grounds. If the ground is adultery, the petitioner must state that they were not accessory to or condoned the act. Similarly, for cruelty, the petitioner should affirm they have not condoned the cruelty.

Example:

• “The respondent has committed adultery [or any other ground], which has caused irreparable damage to the marriage. The petitioner has not in any way condoned this act.”

4. Delay and Collusion

The petition must affirm that there has been no unnecessary delay in filing the petition. Additionally, the petitioner must confirm that the petition has not been filed in collusion with the respondent. Collusion means that both parties have agreed to separate under false pretenses, which would invalidate the petition.

Example:

• “There has been no unnecessary delay in filing this petition, and the petition is not presented in collusion with the respondent.”

5. Previous Legal Proceedings

If there have been any previous legal proceedings related to the marriage, such as prior petitions for separation or divorce, these must be disclosed. If no such proceedings have been initiated, the petitioner should explicitly state this.

Example:

• “There have been the following previous proceedings regarding the marriage:
  • [Details of any previous legal case including name, case number, court, and result].”

6. Jurisdiction of the Court

This section confirms that the court has jurisdiction over the case. Jurisdiction can be established based on factors such as the place of marriage, where the parties last resided together, or where the petitioner currently resides.

Example:

• “The marriage was solemnized at [location], and the parties last resided together at [location]. This Hon’ble Court has jurisdiction to entertain this petition.”

7. Request for Judicial Separation Decree

The petitioner concludes by requesting the court to grant a decree for judicial separation. Judicial separation allows the parties to live separately while still remaining legally married, suspending the obligations of marriage but not dissolving the union.

Example:

• “The petitioner, therefore, prays for a decree of judicial separation against the respondent.”

8. Verification

In the final step, the petitioner must provide a verification confirming that the facts mentioned in the petition are true to the best of their knowledge and belief. The verification must be signed by the petitioner and witnessed by a notary or legal advocate.

Example:

• “I, [Petitioner’s Name], solemnly affirm that the statements in Paragraphs [X] to [Y] of this petition are true to my knowledge, and the statements in Paragraphs [Z] to [W] are based on information I believe to be true.”

Conclusion

A Petition for Judicial Separation under the Special Marriage Act is a vital legal remedy for spouses who seek to live apart without formally ending their marriage.

This petition allows individuals to address issues such as cruelty or adultery while still preserving the legal bond of marriage. It is an essential process for those who need time and space to resolve marital issues or explore reconciliation options.

For professional legal assistance in filing a petition for judicial separation or any other family law matter, Legal Light Consulting provides expert advice and representation. Contact us today for guidance on your legal needs.