Vidhara

The Special Marriage Act, 1954

§23Judicial separation

(1) A petition for judicial separation may be presented to the district court either by the husband or the wife,― (a) on any of the grounds specified [in sub-section (1) [and sub-section (1A)] of section 27] on which a petition for divorce might have been presented; or (b) on the ground of failure to comply with a decree for restitution of conjugal rights; and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. (2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

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Official text: India Code (official)

Official India Code text: The Special Marriage Act, 1954, English PDF (bitstream 123456789/1387/1/A1954-43E.pdf, 377,569 bytes, sha256 8edbdc1c6178de27...) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-08-03. Extracted via pdftotext 26.07 -bbox and the @nexlex/ingest inline parser. This PDF prints its amendment footnotes at body height, so sections 3 to 7 were re-extracted from the source line stream and their numbering restored (D-058). Automated parse; footnotes and amendment history excluded. Spot-verified against the PDF; full clause-level proofread pending.

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