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How does the HMA differentiate between judicial separation and divorce?

Posted by jobseeker Garima Rajput | Approved
Answers (2)

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

Answered by jobseeker Daimand Krishna rawat | Approved

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.


Answered by jobseeker Poonam Kumari | Approved

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