Under the Hindu Marriage Act (HMA), 1955, judicial separation and divorce are two distinct legal remedies.
Judicial Separation (Section 10): It allows spouses to live separately without ending the marriage. It offers a chance for reconciliation and does not dissolve the marital bond.
Divorce (Section 13): It legally ends the marriage, severing all marital ties and rights.
In short, judicial separation is a pause, while divorce is a complete break in the marital relationship
Under the Hindu Marriage Act (HMA) of 1955, judicial separation and divorce are two distinct legal remedies available to married couples facing marital issues. Here's a simple comparison:
Judicial separation (sec. 10)- It is a court-ordered separation where the couple lives apart but remains legally married.
Divorce (sec.13 ) It is the legal dissolution of the marriage.
Legal Grounds: Both remedies can be sought on similar grounds, such as cruelty, adultery, desertion, mental disorder, or venereal disease.
Application Timing: A petition for judicial separation can be filed at any time after marriage. Divorce can only be filed after one year of marriage.
Effect on Marriage: Judicial separation suspends marital rights and duties but does not end the marriage. Divorce terminates the marriage permanently.
Reconciliation: Reconciliation is possible during judicial separation, as the marriage still exists. After divorce, reconciliation is not possible unless the parties remarry.
Remarriage: Neither spouse can remarry during judicial separation. After divorce, both parties are free to remarry.
Property Rights: During judicial separation, the spouse may inherit the other's property if they die. After divorce, there is no such inheritance unless specified in a will.
Procedure: Judicial separation involves a single-stage judgment. Divorce typically involves a two-stage process: first, a decree nisi, followed by a decree absolute.
matrimonial disputes.
Maintenance: Both parties may be entitled to maintenance during judicial separation. Maintenance can also be claimed after divorce, depending on the circumstances.
Religious Considerations: Some individuals may prefer judicial separation over divorce due to religious beliefs that do not recognize divorce.
Now we can say that , judicial separation offers a temporary solution allowing couples to live apart while maintaining their marital status, whereas divorce provides a permanent end to the marriage.
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