Basis for Granting the Decree
The basis for granting a Divorce and Judicial Separation is different from each other. Although various grounds are the same in both cases, in case of Judicial Separation the court can pass a decree for the same even in case of a single case of adultery. The court when satisfied by the reason given for Judicial Separation by the couple gives the decree of the same.
In the case of Divorce, the court gives various chances to the couple to resolve their disputes, and only after a very prolonged period if the court is satisfied that the couple cannot cohabit together then they pass a decree for Divorce. The grounds for Divorce are stated in section 13 of the Hindu Marriage Act, 1955 and the parties who have filed for Divorce have to satisfy the court about their ground under this act.
Difference between Judicial Separation and Divorce
In India, marriage is considered very sacred and it is celebrated differently in different parts of the country. The families of both parties are also involved in the same and after performing the rituals of the marriage as per their customs, marriage between a boy and girl is completed. In our country, there was no rule of separation of marriage before the introduction of the Hindu Marriage Act, 1955. Before this act, the couple between whom marriage is performed had to stay together even if they had any differences between them. But after the introduction of the act, the couple who have any differences in the marriage can take the help of judicial separation or divorce and can part away ways with their partner.
Table of Content
- What is Judicial Separation?
- What is Divorce?
- Difference between Judicial Separation and Divorce: Key Analysis
- 1. Timeline
- 2. Stages Involved
- 3. Effects
- 4. Remarriage
- 5. Grounds for Divorce
- 6. Basis for Granting the Decree
- 7. Reconciliation
- 8 Right to Inheritance
- 9. Right to Maintenance
- 10. Scope of Judicial Separation and Divorce