Divorce and Legal Separation: What’s the difference

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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