Mutual Judicial Separation: Towards An Evolving Jurisprudence in Indian Matrimonial Law
By Preeti Singh This article 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…
