Right to Maintenance
In the case of Divorce, the wife can seek maintenance from her husband as established by the law under the Hindu Marriage Act, 1955. There are also some cases in which the wife cannot claim maintenance from the husband. If the wife is involved in adultery, then she cannot claim maintenance from her husband.
In case of Judicial Separation of parties, they are still legally married and it is the responsibility of the husband to provide maintenance to his wife if the wife is unable to maintain herself. Various judgments have clarified that the decree of Judicial Separation does not curtail the right of maintenance of the wife.
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