Is judicial separation and divorce the same? Subscribe

Marriage is a symbol of love and sacredness. In Indian society, marriage plays an indispensable part. But sometimes, some sensitive marital disputes are swept under the rug. And there are times when people want to separate from their partners but are unaware of the marriage-related law in India. Divorce has always been taboo in India. People tittle-tattle about it and humiliate the couple. Nevertheless, couples who want legal assistance to dissolve their marital dispute approach the court for a divorce. 

You might have heard about Judicial separation and wondered what the difference is between Judicial separation and divorce. Say no more. In this article, you will learn the difference between judicial separation and divorce.  

Marriages in India are considered sacred and the Indian laws aim to secure them the most. 

Indian laws are constituted to provide justice and equality to its citizens. That's why seeking a divorce in India can take a little longer. Marriage laws in India scrutinize the matter and intend to give second chances whenever it is required. Just like that, there is a Judicial separation system in India.

What is Judicial Separation in India? 

Judicial Separation in India is the duration the court mandates before the divorce proceedings. The period of judicial separation is provided to give time to the couples to resolve their marital dispute and give a second chance to their marriage.

Quite often, people shuffle the two topics into one. People consider Judicial separation and divorce the same while they are drastically different. In a nutshell, Judicial separation intends to provide time for the couples to make their marriage work. On the other hand, divorce is the legal procedure to terminate a marriage. When the couple reaches the final stage, that is divorce. They are mentally prepared and firm with their decision that they no longer want to be with their partner.

- While divorce is a legal procedure to terminate the marriage, judicial separation believes in giving a period commanded by the court to encourage the couple to resolve their marital disputes. 

- Under personal laws, the judicial selection period is one year. But when it comes to divorce, no petition can be filed for divorce within one year of marriage. 

We hope this article was helpful to you. To read such informative blogs, check out our other forums.





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