(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 (1-A) 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.
Legal Commentary & Landmark Judgments: Section 23
Section 23 provides the statutory remedy of Judicial Separation under the Special Marriage Act, enabling either spouse to obtain a decree suspending marital cohabitation without dissolving the legal bond of marriage.
Judicial separation under Section 23 is ideal for clients who cannot live together due to severe cruelty or adultery but oppose outright divorce for religious, financial, or pension reasons. Furthermore, under Section 27(1)(h), non-resumption of cohabitation for one year following a Section 23 decree ripens into an absolute ground for divorce.