Judicial Separation is typically considered a preliminary step toward divorce, and the grounds for it are outlined under Section 10 of the Hindu Marriage Act, which are largely similar to the grounds for divorce.

When the petitioner successfully proves the grounds for judicial separation, the Court issues a decree of judicial separation, allowing both spouses to live apart legally.

The standard of proof required for judicial separation is comparatively lower than that required in a fully contested divorce case.

A decree of judicial separation can later become a ground for divorce if the spouses do not resume cohabitation for at least one year following the court’s order.

The law also permits the petitioner to file an application seeking conversion of the judicial separation case into a divorce petition, subject to the Court’s approval.

The timing of this conversion application plays an important role, making strategic legal guidance essential.