Judicial separation petition (s.10 HMA)
A decree that frees a spouse from living with the other without ending the marriage, on any ground for divorce under section 13(1).
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Principal Judge, Family Court, Shantipur
HMA Petition No. ______ of 2026
Versus
PETITION UNDER SECTION 10 OF THE HINDU MARRIAGE ACT, 1955 FOR A DECREE OF JUDICIAL SEPARATION
Respectfully Showeth:
1.That the marriage between the petitioner and the respondent was solemnised on 14-02-2021 at Shantipur, according to Hindu rites and ceremonies. Both parties are governed by the Hindu Marriage Act, 1955.
2.That no child was born of the marriage.
3.That after the marriage the parties lived together as husband and wife, last at House No. 204, Sector 9, Shantipur, and they have been living apart since 01-06-2024.
4.That the petitioner seeks a decree of judicial separation on the following grounds, each of which is a ground for divorce under Section 13(1) of the Act:
(a)Desertion (Section 13(1)(ib)): the respondent has deserted the petitioner since 01-06-2024, without reasonable cause and without the consent or against the wish of the petitioner, for a continuous period of not less than two years immediately preceding the presentation of this petition: on that day she left the matrimonial home for her parents' house at Kalyanpur, saying that she would not come back, and she has not returned despite the visits of the petitioner and his parents on 20-07-2024 and 05-01-2025;
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Proof of the marriage: the marriage certificate if it was registered, otherwise the wedding card and photographs of the ceremony
- Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
- The other spouse's full present address (and phone number, if known), for the court's notice
- Birth certificates of the children, if any (photocopies)
- Papers that support each ground, with dates: medical records, police complaints or DDR entries, messages and letters, and the names and addresses of witnesses
- Copies of the petitions and orders in any earlier or pending case between you: maintenance, domestic violence, an FIR or another petition
- Passport-size photographs, usually two or three
Where to go
Filed through an advocate in the Family Court (or the District Judge where there is none) of the district where you married, where the other spouse lives, where you last lived together or, for a wife, where she now lives. The court usually sends the parties to mediation or counselling first.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- Judicial separation does not end the marriage: neither spouse may remarry. It frees the petitioner from the duty to live with the other spouse.
- If you do not live together again for one year or more after the decree, either of you may ask for divorce (Section 13(1A)); if you reconcile, the court can cancel the decree on a petition (Section 10(2)).
- Maintenance and the costs of the case can be asked while it is pending: see "Interim maintenance and litigation expenses (s.24 HMA)".
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on this petition or application is set by the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.