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Bittu (sr. software engineer)     14 June 2010

Legal Seperation vs Divorce


I want to know

1. what is the difference between Legal Seperation and Divorce?

2. can husband get any advantages, if he file for Legal Seperation rather than Divorce? where husband and wife is staying seperately since 3 years.

3. after Legal seperation, can he file for Divorce? After how many days he can file for divorce?

please help me to give the proper reply.

I am Indian Hindu.



 10 Replies

Pranjal Srivastava (Lawyer)     15 June 2010

1-Differences  between DIVORCE and JUDICIAL SEPARATION

Divorce is the dissolution of marriage and it brings to an end of marital rights and obligations between the parties but in Judicial separation rights and obligations of the parties to marriage are Suspended Temporarily martial relationship between the parties does not come to end.

In case of Divorce ,the parties can remarry after a period of appeal has passed but in case of Judicial separation the parties can NOT marry unless a decree of divorce is obtain as provided in Sec 13 of HMA.

If the parties resort the cohabitation during the course of divorce there would be no effect on a decree of divorce but in Judicial Separation if the same happens the decree would be Neutralised.

2-Advantages of Judicial Separation

 I don't think husband will get any extra advantage except mental peace if he is not willing to live with her wife. But there will be no Tag of DIVORCEE will be attached with either parties. Wife and Husband both can claim on the property of each other after the death of other one. Wife can claim for maintenance in this duration.


3-Getting Decree Of Divorce

As per Sec 13 (4) (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties.




adv. rajeev ( rajoo ) (practicing advocate)     15 June 2010

Pranjal has explained in detail.  Divorce from the competent civil court is better.  Except the civil court even god has no power to seperate the husband and wife.

Nikhil Arora (student)     15 June 2010

Well explained Pranjal Sir

Anjali (IT)     17 June 2010

somewhere I read this:

Legal Separation :  "Marriage is in coma"

Divorce : "Marriage is dead".

Arup (UNEMPLOYED)     17 June 2010


2 Like

Pranjal Srivastava (Lawyer)     18 June 2010

Dhanyavaad Gupta Ji

Raman (Owner)     13 May 2013

Hi Pranjal, 

I am right now in a big mess, and I am really looking to end this marraige/relationship. 

But, I am not sure how to proceed with my application for divorce. And, another concern is how costly can be filing the divorce case. And, how much time its gonna take for me to get justice. 


I have consulted couple of lawyers in Delhi, but the fees that they quoted was really high, as high as 70,000Rs.


Plz help,


ashoksrivastava (scientist)     13 May 2013

judicial seperation is legal trial for divorce. When their are marital problems severe enough to make cohabitation difficult but not sufficient to make you able to decide to severe the ties permanantly ,JS is a good option for couples to re reevaluate their relation ship. regards ASHOK

Raman (Owner)     13 May 2013

Hi Ashok, 


Thanks for getting back on this. 

Can you plz enlighten me more on this, My marraige is a 25yr old marraige. And, I was going thru pain & suffereing all these years, in order to provide for my childrens. 

What would you suggest is better legal seperation or divorce. How much cost is involved in hiring an advocate and pursuing this case legally. Or are there any other alternatives?


Thanks in advance,


Anjuru Chandra Sekhar (Advocate )     14 May 2013

@Raman.  A joke on Advocates.


A man harrassed by wife by constant abuses visits a lawyer to discuss about various legal options available to him.  He narrates all the story to the lawyer and tells him he is not in a position to bear all that she says, it is very hurting.  Lawyer tells him, "agle baar aisaa kahegi naa....to kheenchke ek dhappad maar!".  Man is scared with that thought, and asks "what if she files any criminal cases?".  Lawyer assures, "Dont worry about all that....main dekh loongaa". Man goes home and returns after few days to lawyer.


He tells lawyer "I did what you said.  She filed several cases against me one under 498a, one under DV act etc....".  Lawyer says, "Fine.  Now we have to fight all those cases in court and give reply to all that she complained".  Client asks, "Magar aapne to kahaa main dekh loongaa". 


Lawyer said, "Dekh loongaa kaa matlab yehi hain. If she files cases against you, I will defend your cases".




PS.  Moral of the story:  Never allow Advocate to tell you what you have to do.  Tell him what you want him to do.


Fees : Rs.15000/- for Divorce case is reasonable.  Rs.20000 more than enough.


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