The following is a brief introduction to the topic:
In Indian culture, marriage is regarded as one of the most prestigious social institutions. For Indians, a marriage is not just the union of two people but also the merging of two families. There are situations where a marriage that is solemnized with a lot of festivities can lose track of a happy family. Two individuals who had hoped to be married no longer want to remain together and part ways.
In India, marriage is governed by the personal laws of Hindus and Muslims. Personal laws also deal with provisions that relate to the termination of marriage. In such situations, a divorce attorney is crucial. The parties to the divorce, i.e., The husband and wife, can seek temporary relief through judicial or legal separation or end the marriage permanently by divorce. It is important to know the pros and cons of divorce vs legal separation before taking such a drastic step. This article discusses the pros and cons of divorce vs. legal separation.
Divorce and Legal Separation
The divorce law is the permanent ending of a marriage. Legal separation or judicial separation is a temporary suspension. Divorce is a legal dissolution of a marriage that an authority or court has declared. A decree of judicial separation passed by a court of law allows husband and wife the option to avoid the cohabitation obligation for a certain period and then reunite later.
Divorce and Separation of Judicial Authority
In India, divorce and marriage are governed by civil law. Divorce lawyers can help resolve disputes in marriages. Religion affects the grounds for divorce and judicial separation. The Hindu Marriage Act and Special Marriage Act are examples of such laws. Provide settings for both. In Muslim law, divorce is based on the fact that the husband is considered superior. There is no need for specific locations. In the Dissolution Of Muslim Marriages Act of 1939, the wife has a right to divorce in specified areas. Still, there are no provisions in Muslim law that specifically address judicial separation. In India, the table below outlines various grounds for divorce vs split.
Divorce and Legal Separation: What are the grounds for divorce?
The Hindu Marriage Act of 1955
Mutual consent
Adultery
Cruelty
Desertion for two years or more
Unsound mind
It was no longer a Hindu/Religious conversion
Venereal Disease (in a communicable form).
Renunciation of the world
You may not have heard the phrase, “I’ve been alive for seven years or more.”
After one year, there is no return to cohabitation.
After one year from the date of the decree of restitution, there is no restitution to conjugal rights.
Hindus: Separation on legal grounds
Adultery
Cruelty
Desertion for two years or more
Unsound mind
It was no longer a Hindu/Religious conversion
Venereal Disease (in a communicable form).
Renunciation of the world
You may not have heard the phrase, “I’ve been alive for seven years or more.”
Hindu wives can also use this as an additional ground to divorce or separate from their husbands.
Bigamy prior to HMA, 1955
Husband guilty of rape/ Sodomy/ Bestialty
No cohabitation during the first year of receiving maintenance by decree/order
Rejection of marriages before the age of 18 when they were solemnized prior to 15 years.
The grounds for divorce under Muslim Law (The Dissolution of Muslim Marriage Act, 1939 [2]
Unknown whereabouts of husband (for more than four years).
Husband failed to provide maintenance for two years
Husbands sentenced to 7 years or more imprisonment
Three years of marital infidelity by the husband
The husband is ineligible at the time of the marriage and continues
Husband insane for more than two years/suffering from a virulent venereal illness
Marriage before the age of 15 and divorce before the age of 18 (Khayar-ul Bulugh or Optional puberty).
Husbands are treated with cruelty
Other grounds recognized by Muslim law
The Divorce Act of 1869
Mutual consent
Adultery
Desertion for two years or more
Christian conversion is no longer a thing
Unsound mental condition lasting two years or more
Two or more years of Communicable Venereal Disease
You may not have heard the phrase, “I’ve been alive for seven years or more.”
Refusal of marriage to consummate
Non-compliance with decree of restitution for more than two years
Desertion for two years or more
If you have a reasonable fear of harm or are treated with cruelty
Additional grounds for wife if husband guilty of rape/sodomy/bestiality
Christians: Separation from the Judiciary on Religious Grounds
Adultery
Cruelty
Desertion for two years or more
The Special Marriage Act of 1954 [4]
Mutual consent
Adultery
Desertion for two years or more
The Indian Penal Code of 1861 provides for imprisonment of seven years or more.
Cruelty
Unsoundness of the mind is a chronic condition
The spread of venereal disease
No one has heard from you for seven years or more
After one year, no cohabitation is allowed
Special Marriage Act: Grounds for Separation
Adultery
Desertion for two years or more
The Indian Penal Code of 1861 provides for imprisonment of seven years or more.
Cruelty
Non-compliance with the decree on restitution conjugal rights
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