Effects
In the case of Judicial Separation of parties, they are still legally married and all the rights of the marriage still exist. In this case, the couples are only separated and do not live together with each other. They can still reconsider this decision and choose to live again together after getting their decree of Judicial Separation turned in with the help of the court. The decree of Judicial Separation is the initial step and by that, the couple is only separated for a limited period. If the couple still chooses not to want to live together then they can file for divorce in court.
In the case of Divorce of parties, all the rights of the parties towards the marriage are finished. Divorce brings the marriage between the parties to a complete end and both the parties are free to start their new life. All the restrictions of the marriage on that couple are waived off by divorce.
Difference between Judicial Separation and Divorce
In India, marriage is considered very sacred and it is celebrated differently in different parts of the country. The families of both parties are also involved in the same and after performing the rituals of the marriage as per their customs, marriage between a boy and girl is completed. In our country, there was no rule of separation of marriage before the introduction of the Hindu Marriage Act, 1955. Before this act, the couple between whom marriage is performed had to stay together even if they had any differences between them. But after the introduction of the act, the couple who have any differences in the marriage can take the help of judicial separation or divorce and can part away ways with their partner.
Table of Content
- What is Judicial Separation?
- What is Divorce?
- Difference between Judicial Separation and Divorce: Key Analysis
- 1. Timeline
- 2. Stages Involved
- 3. Effects
- 4. Remarriage
- 5. Grounds for Divorce
- 6. Basis for Granting the Decree
- 7. Reconciliation
- 8 Right to Inheritance
- 9. Right to Maintenance
- 10. Scope of Judicial Separation and Divorce