Timeline
In both judicial separation and divorce the timeline for filing the petition is different. In Judicial Separation, the married couple can file the petition of judicial separation if they both agree and do not want to live with each other any time after marriage. There is no time limit specified by law to be followed while filing the petition of judicial separation in court.
In the case of Divorce between couples, a time limit of 1 year is specified by the court. It means that any married couple cannot file a petition of divorce in the court even if they do not want to live with each other. The time limit of 1 year is established by the law of our country so that married couples try everything that they can to save their marriage and do not make the decision to divorce in sudden anger or because of small issues.
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