Interpretation of word "Judicially separated" - Indian Laws - General

Interpretation of word Judicially separated The word 'separated' is qualified by the word 'judicially'. Unless the separate living was a judicially ordered or recognised one it would not qualify for exclusion under the provision. The word judicial according to Webster's New Twentieth Century Dictionary, means- allowed, enforced or set by order of a Judge or law court . According to Shorter Oxford Dictionary, the word judicial means- of (used as an adjective of) or belonging to judgment in a court of law, or to Judge in relation to his function; pertaining to the administration of justice; proper to a legal tribunal; resulting from or fixed by a judgment in Court. In the context, therefore, it means an act done in pursuance of an order or direction of a court of competent jurisdiction. It is used in contrast to separate living by agreement of parties or at the intervention of mediators without the intervention of a judicial proceeding in a competent court of law. The expression judicially separated comprises of two words 'judicially' and 'separated'. Separation between husband and wife may take place in numerous ways, for instance desertion by husband of the wife or being cruel to her which may force her to live separately from him. But it is not every separation which is recognised by the Ceiling Act. It should be judicial . It has been seen above that the words ' judicial separation' cannot be understood in technical sense of grant of decree under Section 10 of H.M. Act. The word ' judicial ' according to Chambers dictionary means, 'arising from process of law.' It has at times been contrasted with administrative, ministerial or executive. [JEET SINGH AND ORS. VERSUS STATE OF U.P. AND ORS.- 1992 (11) TMI 284 - SUPREME COURT]