:- Judicial separation is a state of marriage authorized by the court where a husband and wife do not live like a married couple. In many situations it becomes impossible for either spouse to live with the other person. At the same time, they either do not want a divorce or do not have enough ground for divorce. In Such a situations, court may grant a decree of judicial separation.
:- Difference between judicial separation and divorce
Section 13 of the Hindu Marriage Act lays down the grounds of divorce and section 13A says that if The Court considers it just to do it may pass a decree for Judicial separation instead of Divorce. Section 13B also provides the circumstances when decree of divorce by mutual consent can be passed.On the other hand section 10 of the Act provides the same grounds of divorce as also the grounds of Judicial separation. Though the grounds are same, there is material difference in between Divorce and Judicial Separation.
The points of distinctions may be shown in the following tabular form.
Divorce:-
(1) Marital tie comes to an end by divorce.
(2) In the case of divorce the mutual rights and obligations of husband and wife ceases to continue.
(3) Divorce ends the bonds between husband and wife. The wife is only entitled to the maintenance and alimony under section 25 and custody, maintenance and education of the children under section 26 of the Hindu Marriage Act.
(4) Divorce gives the right to the parties to remarry.
(5) After divorce the former husband’s intercourse with his former wife, without her consent, is a punishable offence under section 376 of I.P.C.
Judicial Separation:-
(1) Judicial separation does not put the marital tie to an end.
(2) But in case of judicial separation the mutual rights and obligations of husband and wife remain suspended only.
(3) In Judicial separation, the parties continue to remain as husband and wife.
(4) But judicial separation does not give the parties the right to remarry because the marital tie continues.
(5) But in case of Judicial separation, if the cohabitation does not take place between the parties for a period of one year or upwards, either of the parties may seek for divorce under section 13 (1A)(i )of the Act. So, cohabitation is expected for reconciliation amongst the parties in case of Judicial separation.