Question

Difference between judicial separation and divorce hindu marriage act

Answer 1

Judicial Separation means a phase of a marriage where husband and wife are not obliged to stay together and the marriage has not been dissolved. It is based on the legal phrase “divorce a mensa et thoro” means “from bed and board” as per law dictionary. Basically the term is used to denote the kind of a marriage where husband and wife are not free from the bonds of marriage, nevertheless the order of Judicial Separation granted by the court prohibits husband and the wife to cohabit together and insist that they must live separately.

Distinction between Judicial Separation and Divorce

Judicial separation is always treated to be as an alternative to divorce. The basic difference between Judicial Separation and divorce is that divorce brings the marriage to an end whereas judicial separation does not.

The legal status of judicial separation is different from being divorced and married. In case of judicial separation the court orders for the prohibition on cohabiting together, but does not end the obligations of marriage. Both husband and wife still remain in the same ties of marriage obligations. In case of divorce the parties are allowed to get remarried, but in case of Judicial Separation it is illegal to get remarried.

But there are also some similarities between two. The procedure and grounds for getting both, Judicial separation and divorce are the same. It is at the option of the parties which remedy they choose from the court. If court will be satisfied it will grant the decree. Judicial Separation only suspends the obligations and duties leaving the room for reconciliation and if they fail to reconcile for one year, either of them may seek divorce on this ground

hope that helps :)