Question

Difference between restitution of conjugal rights and judicial separation

Answer 1

Both restitution of conjugal rights and judicial separation are terms referred to in the Hindu Marriage Act.

Restitution of conjugal rights is concerned with the right to stay together. If one partner withdraws from the other partner’s society without any justifiable excuse, the affected (second) partner can approach the Court for restitution of conjugal rights. But, if the Court’s decision is not adhered to and the partners stay separately for a year, it can become a reason for divorce.

Judicial separation is concerned with legal separation without divorce. It is a legal way for one partner to separate from the other without getting the divorce decree from the court.