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  • Difference Between Judicial Separation And Divorce under Hindu Law

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Difference Between Judicial Separation And Divorce under Hindu Law

Jobee Paul
Jobee Paul
  • Apr 15, 2023
  • 9 min to read
Difference Between Judicial Separation And Divorce under Hindu Law Paul

Introduction Divorce and Judicial Separation are two different legal procedures that terminate a marriage. Divorce is a legal process which puts an end to the marriage, while Judicial Separation is a legal process which allows the spouses to live separately, but does not end the marriage. Under Hindu Law, both divorce and judicial separation are governed by the Hindu Marriage Act, 1955. Difference Between Judicial Separation and Divorce The main difference between Judicial Separation and Divorce is that Divorce terminates a marriage, while Judicial Separation does not. Judicial Separation is a legal process which allows the spouses to live separately, but does not end the marriage. The marriage still remains valid after Judicial Separation and the spouses are still considered to be married. Divorce Divorce is the legal process of dissolving a marriage. It is a permanent termination of the marital relationship and the spouses are no longer legally bound to each other. In India, divorce is governed by the Hindu Marriage Act, 1955. The Act provides for various grounds on which a spouse can seek divorce. These grounds include cruelty, desertion, adultery, mental disorder, conversion to another religion and non-resumption of cohabitation after judicial separation. Judicial Separation Judicial Separation is a legal process which allows the spouses to live separately, but does not end the marriage. This process is governed by the Hindu Marriage Act, 1955. Under this Act, the spouses can seek judicial separation on the same grounds that are available for seeking a divorce. Under Judicial Separation, the spouses are allowed to live separately and even have separate households. However, the marriage is still valid and the spouses are still considered to be married. This means that they cannot remarry unless they obtain a divorce. The Effects of Judicial Separation and Divorce The effects of Judicial Separation and Divorce on the spouses are different. In the case of Divorce, the marriage is terminated and the spouses are no longer legally bound to each other. They are free to remarry and are no longer considered to be married. In the case of Judicial Separation, the spouses are allowed to live separately and even have separate households. However, the marriage is still valid and the spouses are still considered to be married. This means that they cannot remarry unless they obtain a divorce. Conclusion Divorce and Judicial Separation are two different legal procedures that terminate a marriage. Divorce is a legal process which puts an end to the marriage, while Judicial Separation is a legal process which allows the spouses to live separately, but does not end the marriage. The main difference between the two is that Divorce terminates a marriage, while Judicial Separation does not. Both divorce and judicial separation are governed by the Hindu Marriage Act, 1955. The effects of Judicial Separation and Divorce on the spouses are different. In the case of Divorce, the marriage is terminated and the spouses are no longer legally bound to each other. In the case of Judicial Separation, the spouses are allowed to live separately and even have separate households. However, the marriage is still valid and the spouses are still considered to be married.

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Jobee Paul
Jobee Paul

Firm founder Jobee Paul is a practicing advocate and has several years of legal experience in Criminal, Civil, Commercial, Family Laws , Corporate, Real estate, Employment ,Consumer laws, Bail matters, NDPS Drugs cases, Adoption, Registration, Accident claims, Police matters, Agreements, Divorce , Contracts & Legal Documentation / Agreements, Divorce, child custody, Cheque Bounce,

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February 14, 2019

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