Grounds for Divorce
Judicial Separation is the initial stage and the party can reconsider their decision of separation if they resolve disputes with each other. They cannot use divorce as a ground for their Judicial Separation as both processes are very distinct legal processes.
In case of Divorce if the parties are already judicially separated and still do not want to stay together and do not want to resolve their disputes then they can use the ground of Judicial Separation for their divorce. The parties who are going through Judicial Separation for more than a year and still want to stay away from each other, then can file a petition for the same in the court and the court will grant a decree for Divorce based on Judicial Separation.
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