Judicial Separation- Judicial separation is defined under section 10 of the HMA, 1955.
- Judicial separation is kind of a legal break up by court which later may convert into a patch up. The objective of the court to give judicial separation to the aggrieved party is to think about their relationship and give it another chance before the divorce.
- it is not necessary for the aggrieved parties to live separately. They can live under the same roof. Judicial separation is a release from duties not from the house.
- Judicial separation can be a ground for divorce but divorce can never be judicial separation.
Divorce- Divorce is defined under section 13 of the Hindu Marriage Act 1955.
- Divorce means “Dissolution of marriage”, according to Hindu Marriage Act,1955. That is once a decree of divorce is passed the marriage ends there permanently.
- A Divorce can not be filed before the expiration of one year of marriage.
