Abstract

This article intends to explore the law relating to judicial separation inMalaysia from the perspective of its importance and the issues that have arisenwith respect to its effectiveness, as an avenue to encourage the preservation ofa marriage. The investigation extended to an analysis on the lacuna in law onjudicial separation in Malaysia, specifically with respect to the need for a timeframe, which would essentially create certainty and encourage reconciliationbetween the parties. A comparative legal research methodology is employed incomparing the positions in Malaysia and India. It is hoped that the findings ofthis paper on judicial separation, particularly related to the need for a statutorytime frame, will encourage reconciliation between the parties and preserve thesanctity of marriage, as is envisioned in the concept of a judicial separation.