By S&S Co. Advocates & Solicitors · Published 2 August 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
Under Section 10 of the Hindu Marriage Act, 1955, a court can grant a decree of judicial separation. It relieves the parties of the obligation to live together but does not dissolve the marriage, so neither can remarry. It is sometimes sought by spouses who wish to formalise a separation while leaving room for reconciliation.
Section 13(1A)(i) provides that either party to a marriage may present a petition for divorce on the ground that there has been no resumption of cohabitation as between the parties for a period of one year or upwards after the passing of a decree for judicial separation. Courts have noted that the provision is meant to allow a prolonged, unreconciled separation to be converted into a final divorce, and it is available to either party, including the one against whom the separation decree was passed, although the court will look at the facts and at any bar on relief.
The divorce petition is a fresh proceeding and ancillary matters such as maintenance and the custody of children are dealt with according to the law. The one-year period runs from the date of the decree, and the evidence of whether cohabitation was resumed is considered.