AIMS AND OBJECTIVES.

 To find out the concept of Judicial Separation.

 To find out the grounds for Judicial Separation.
 To find out the meaning of Unsoundness of mind as a ground for the passing of the
decree
 To find out the Court`s power in rescinding the decree.

HYPOTHESIS.

1. The researcher presumes that unsoundness of mind is a ground for passing of the decree
of Judicial Separation.
2. The researcher presumes that in the case of wife, there are additional grounds for the
passing of the decree of Judicial Separation.
3. The researcher on close examination believes that judicial separation is different from
divorce.
4. The researcher believes that Judicial Separation might lead to reconciliation between the
parties.
CONCLUSION.

The hypothesis taken at the very first while making this project has either been proved or
disproved. The first hypothesis that the unsoundness of mind is a ground to Judicial Separtion
has been proved as unsoundness of mind of either party to marriage is a ground of judicial
separation. The Amendment Act of 1976 has amended the section and now it is no longer
required to establish that the other party has been continuously of unsound mind for a period not
less than two years immediately prior to the presentation of the petition

The second hypothesis that the wife has additional grounds to attain the decree of Judicial
Separation against her husband is also correct. In the case of a wife there are additional grounds
under Section 13(2).

Thirdly, the hypothesis that Judicial Separation is different from Divorce is also true as it has
been mentioned in the project that Judicial Separation is granted on the same ground as that of
divorce can be but it does not lead to total dissolution of the marriage as under Divorce. Also,
divorce has additional grounds under Section 13.

Fourthly, the hypothesis that the judicial separation might lead to reconciliation is false or has
been unproved as the concept is to stay apart and not to reconcile. Although the Court of law on
being satisfied by the truth of the statements may rescind the decree but it is no manner the
aspect or ground for reconciliation between the parties.

To conclude, judicial separation is a decree from the court that prohibits husband and wife to
cohabitate and orders them to live separately for a certain period. It does not dissolve the
marriage of the concerned couple. I think this provision helps a lot for settlement of disputes. It
gives a fair chance to the couple to rethink about their split in marital bond.Law allows an
opportunity to both the husband and the wife to think about the continuance of their relationship
while at the same time directing them to live separate, thus allowing them the much-needed
space and independence to choose their path.