Hindu Marriage Act, 1955: Judicial Separation & Divorce
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Section 10 of the Hindu Marriage Act, 1955 provides the Judicial Separation for both the spouse, those who are married under the Hindu Marriage Act, 1955. Section 13 of this Act deals with the conditions of Divorce amongst Hindu marriages.
Question: What really is the contrast between Judicial Separation and Divorce?Judicial separation is a legal process that refers to a legal break up of marriage before the divorce. In simple terms, judicial separation refers to the situation when the parties by each other’s consent get separated for a specific period. Judicial separation is the situation where both husband and wife get the chance to give another opportunity to their marriage before divorce proceedings.
In this, both the parties will live separately for a specific period given by the court to save their marriage. And during this phase also both the husband and wife will continue the legal status of being in a relationship and yet at the same time live separately.
The main objective behind the judicial separation is to give another chance to the parties to reconcile their differences which are occurred for indifferent behavior of the other party.
Judicial separation can be filed at any time after the marriage but in the case of divorce, it can only be filed after the completion of 1 year of marriage. Judicial separation gives release from matrimonial duties and obligations for a certain period of time while divorce dissolves the marriage permanently. Judicial separation is a first-step process while the divorce is a two-step process. In judicial separation, if the ground for it is satisfied by the court, then it is granted but in case of divorce, the reconcile the marriage first and then ordered for divorce. Judicial separation can also be the ground for divorce. Under judicial separation, the parties can think about their marriage and reconcile it but under divorce, one cannot reconcile their marriage. Divorce cannot be judicial separation while judicial separation may convert into divorce.
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Before 1955, neither partner had any remedy in the situation of a broken marriage. Things change in benefit of both parties to the marriage after the introduction of the Hindu Marriage Act in 1955. In the event of a broken marriage, the parties no longer have to suffer in the relationship and can immediately end it by judicial separation or a Divorce Judgement.
Judicial Seperation?
When a couple can’t agree on how they’ll live separately, one of them can file a ‘decree of judicial separation’ with the courts.
They don’t have to live together. However, some matrimonial obligations and rights remain. During their separation, they are unable to remarry. They have the freedom to live their lives anyway they want. They have the freedom to live apart from one another. During the separation, all rights and responsibilities are suspended. The same grounds apply to judicial separation as they do to divorce. Judicial separation may be filed for the following reasons under Section 13(1): Adultery, Cruelty, Desertion, Conversion, Insanity, Leprosy, and Venereal Diseases , For the past seven years, he has not been heard alive. In the case of a judicial separation, the court can also decide on the wife’s support, child custody, and property. Judicial Separation is the first step in the divorce process. The goal of judicial separation is to give the parties a chance to work out their differences. A petition can be filed at any moment after the marriage. There is only one stage of Judgement . If the grounds are met, the decree will be granted. It’s essentially a divorce that’s been put on hold for a while. After the decree is passed, the parties are not allowed to remarry. It is a valid reason for divorce. Judicial separation can be obtained based on a single instance of adultery. There is a chance for reconciliation.Divorce?
When a couple divorces, they stop being husband and wife. When a marriage ends in divorce, all reciprocal rights and obligations are dissolved as well. Both parties are free to remarry. Divorce grounds are the same as judicial separation grounds. Parties can only file after one year of marriage has passed. The process of judging is two-fold. Reconciliation comes first, followed by divorce. It will put an end to the marriage. Once a divorce decision has been granted, the parties are free to remarry. It is important to be in an adulterous relationship. There is no chance of a reconciliation.
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