Stages Involved
In the case of Judicial Separation of parties, if the married couple does not want to live with each other after marriage, they file a petition of Judicial Separation in the court. The court will hear the matter and investigate the reason for the Judicial Separation and if the reason is valid, then the court will allow the petition of Judicial Separation of the parties. The court will finally pass a decree for the same in which the parties will be judicially separated but the marriage between them is still valid.
In cases of Divorce, there are multiple steps involved. The couple cannot get a divorce even if both of them do not want to live with each other without following the steps established by the law. In cases of Divorce, the court in the first steps asks both parties to reconsider their decision and try various steps to resolve the dispute in their marriage such as mediation, reconciliation, and counseling. The court by these steps tries that the couple do not end their marriage without any effort of being together. Even after these steps if the couple still does not want to stay together then the court passes a decree of divorce that effectively terminates the marriage between the parties.
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