What is Judicial Separation?
The term Judicial Separation is defined under section 10 of the Hindu Marriage Act, 1955. Under this section, Judicial Separation is defined as when both the husband and wife do not want to stay together and jointly file an application before the court that they do not want to stay together. There can be specific reasons and only after the fulfillment of those reasons, the court order a judicial separation between a married couple. During this time all the rights of husband and wife are not curtailed and they still are legally married to each other. They can reconsider their decision and make amends in their relationship so they do not have to divorce each other.
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