What is Divorce?
In our country, Divorce can be understood as a legal right that ends all the rights and obligations of marriage between a couple. The couple can divorce on various grounds and some of them are adultery, bigamy, desertion, etc. Any couple can apply for divorce only if they have completed one year of their marriage. In case one year is not completed, they cannot apply for divorce. The couple has to approach the court in case they do not want to stay together and file for divorce. The court in the case of divorce usually gives a period in which the couple has to reconsider their decision and try to make amends in their relationship. Even after this period if the couple still does not want to stay together then the court orders a decree of divorce and the marriage between them is legally ended. A divorce ends the relationship between the couple entirely and they are free to remarry.
Basis |
Judicial Separation |
Divorce |
---|---|---|
Timeline |
No time limit specified to file Judicial Separations. |
A time limit of 1 year is specified by the court. |
Effects |
The marriage is still valid. |
All the rights towards the marriage are finished. |
Reconciliation |
The parties can reconsider their decision and start living together as a married couple. |
Divorce is a final step and there is no chance of reconciliation. |
Right to Inheritance |
Right to Inheritance exists even if one of the party dies. |
Right to Inheritance does not exist as there is no relationship between the parties. |
Scope |
Very less or limited scope. |
The scope is wide. |
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