Wednesday, 31 August 2017

Monday, 26 February 2018

Difference between Divorce and Judicial Separation

There are four matrimonial remedies under the modern Hindu law. They are Restitution of conjugal rights, Judicial separation, Nullity of marriage and Divorce. Section 10 of the act deal with
judicial separation and section 13,13-B,14 and 15 of subject the act deal with Divorce. Difference between Divorce and Judicial Separation are discussed below.






1. Judicial Separation - The separation is a state of relation between husband and wife when they are under no obligation to live together or to perform martial obligation for each other. Section 10 of the Hindu marriage act deals with judicial separation. Section 10 provides that either party to a marriage may present a petition praying for decree of
judicial separation on any of the ground specified in sub-section(1) of section 13 and in case of wife also on any of the ground specified in sub-section(2) thereof, as grounds on which a petition for divorce might have presented.





This section lays down:
Section 10 (1) -''Either party to a marriage,whether soDivorce --d before or after the commencement of this act,may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section(1) of section 13,and in the case of a wife also on any of the grounds specified in sub-section(2) thereof, as grounds on which a petition for divorce might have been presented.''

Section 10 (2) - Where a decree for judicial separation has been passed,it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may on the application by petition of either party and on being satisfied of the truth of the statement made in such petition rescind the decree if it considers it just and reasonable to do so.''

2. Divorce - The textual Hindu law did not recognize a divorce. According to Kautilya's Arthashastra ,marriage might be dissolved by mutual consent in the case of the unapproved from of marriage. But Manu does not believe in discontinuance of the marriage relationship. Divorce is also known as dissolution of marriage. A divorce is a legal action between married people to terminate  their marriage relationship. Generally Divorce was unknown to old Hindu law as marriage was regarded as an indissoluble union of the husband and wife. The present act has introduced vital and dynamic change in the Hindu law of marriage and divorce.

Difference-between-Divorce-and-Judicial Separation


Difference between Divorce and Judicial Separation

Following are the point which differ Divorce and Judicial Separation :

Divorce -
(i) The parties of Divorce are free to remarry after divorce.
(ii) The object of Divorce is to liveindependently.
(iii) The decree of Divorce terminate marriage relation.
(iv) After the decree of Divorce dissolves the marriage.
(v) Divorce is a process by which the marriage is dissolved.

Judicial separation -
(i) Parties cannot remarry during period of judicial separation.
(ii) The object of Judicial Separation is unite the couple.
(iii) The decree of Judicial Separation does not terminate the marriage.
(iv) After the decree of Judicial Separation the rights and obligations of the spouses remain suspended.
(v) Judicial Separation mean suspended of conjugal rights for some time.
(vi) Section 10 of the Hindu marriage act deals with judicial Separation.

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