Mutual Judicial Separation: Towards An Evolving Jurisprudence in Indian Matrimonial Law

Source: India Legal

This article by Preeti Singh examines the scope of judicial innovation in contemporary matrimonial jurisprudence, specifically addressing whether Family Court can and should grant judicial separation based on mutual consent under the Hindu Marriage Act, 1955 (hereinafter referred as HMA). While the statutory scheme of HMA expressly provides for judicial separation on fault-based grounds, it does not expressly prohibit judicial separation by mutual consent. This legislative lacuna, coupled with the absence of any express bar, raises a compelling question of statutory interpretation, judicial creativity, and evolving societal needs.

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