divorce and judicial separation

n/a

What is the difference between divorce and judicial separation?
 
Reply   
 
Advocate

Simply put, divorce means the marriage is death and judicial seperation means the marriage is in coma.


Total likes : 1 times

 
Reply   
 


Advocate

Yes Mr Assumi is abs. right about the real situation.


According to law after a divorce we may get remarry but after a jud. sep. we mayn't.

 
Reply   
 
Advocate

Dear SanjayJi, Thank you for taking the time to give your comment.

 
Reply   
 
Advocate.

Dear  Sir,


   Great answer by Assumi Sir.


The procedures for divorce and legal separation are essentially the same. The actions are filed in the same way and proceed the same way through the court's calendar. And, the end result for both will be a final judgment which divides assets and debts, determines financial obligations between the spouses, and establishes placement and custody rights to the children.



However, a legal separation is different from a divorce. If you are legally separated, you cannot marry anyone else until the legal separation is converted to a divorce, and then you must wait six months after this is done. Also, if you are legally separated and you reconcile with your spouse, you can dismiss the legal separation and thus restore the marriage. In contrast, if you divorce, you will have to remarry your spouse. Also, in some circumstances, one spouse may be eligible for continuing health coverage from the other spouse's employer, even after a legal separation is granted. The same is not true with a divorce.


 

 
Reply   
 
Private legal practice

Judicial separation means severance  of  connection among the spouses by the order of the Court. But it should not be taken to mean 'divorce' for that also severs the connection of spouses. In Judicial separation the severance of connection is permanent and also affects the status and position of the spouses as husband and wife. Judicial separation thus is a step midway between subsistence of marriage and complete dissolution of marriage effected by divorce. Divorce is a remedy whereby the marriage is dissolved and the matrimonial tie is broken for ever.

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

I do agree with Mr. Akhilesh.

 
Reply   
 

Please suggest as per facts below:

1. Wife is Adulterous and confessed the same in written on plain paper before Panchayat.

2. She is willing to get divorced by mutual consent and separation period till date is just two months.

3. Kindly suggest what should be done to get divorce AS SOON AS POSSIBLE.?

4. Can a mutual consent divorce petition be filed mentioning Adultery facts and that too in a separation period of just two months.

 
Reply   
 
Practicing Advocate

For mutual consent divorce, the husband and wife should be living seperate for one year or more prior to the date of filing of petition.

 
Reply   
 
practising lawyer

Actually, judicial separation is executed by the order of court for specified time and here the marriage is still in existence; whereas the divorce is a permanant separation of marriage where marriage is not in present.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x