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JUDICIAL SEPARATION: Legal Separation without divorce
Either
party to the marriage may present a petition on any of the grounds
stated in the provisions for divorce,
praying for a decree of judicial separation. A judicial separation
is a legal way to stay separate from the spouse, without obtaining
a decree of divorce. It also helps in cases to defend a petition
for restitution of conjugal rights. A judicially separated spouse
cannot be given a meaning to include a spouse merely living separately,
and who has not obtained a decree for judicial separation.
In
case, there has been no resumption of cohabitation between the parties
to the marriage for a period of one year or upwards, after the passing
of the decree for judicial separation, it shall be a ground for
a divorce.
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