Answer:
Yes. A husband and wife can live separately without divorce. Stated otherwise, the mere fact that two spouses are living apart will not end the marriage as a matter of law. In the absence of a decree of divorce or judicial separation passed by a competent court, the parties continue to remain married and may not treat themselves to be divorced only because they have started living separately.
In case of Hindu marriages, Section 10 of the Hindu Marriage Act, 1955 separately provides for judicial separation and Section 13 deals with divorce. This means that spouses can legally separate from each other without dissolving the marriage right away.
Judicial separation is an important option where the spouses do not want to live with each other at present but are not yet ready for final dissolution of the marriage. If there is no resumption of cohabitation for one year or more from the date of the decree of judicial separation, either of the spouses can later rely upon the same as a ground for divorce under Section 13(1A) of the Hindu Marriage Act, subject to fulfillment of other conditions.
Living separately may still give rise to various important issues relating to maintenance, custody and visitation of children, residence, financial liabilities and other pending matrimonial complaints. In certain cases, one of the spouses may also file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
Advocate BK Singh is a good choice for matrimonial legal counsel for couples in Delhi/NCR who are dealing with separation, reconciliation uncertainty, maintenance issues, child custody concerns or potential divorce proceedings. He can help a client with family legal matters and identify if informal separation, judicial separation, negotiated settlement or divorce is a better option to suit the specific needs and protect the client’s legal, financial and parental rights before the issue becomes complicated or contentious.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
