Marriage is one of the most important social institutions of human society. Marriages are decided in heaven and arranged on earth. It is a solemn practice     which involves two individuals. But sometimes two people fail to coordinate with one another which might lead to adverse circumstances. According to Hindu marriage act 1955 section 13 part 1 either party can apply for a decree of divorce on the grounds specified in the section A wife has additional rights to apply for dissolution of marriage under section 13 part 2.Judicial separation is quite different from divorce. While in divorce all the rights and duties of a couple towards one another come to an end. In judicial separation only cohabitation ends other rights and duties still exist. A couple is free to reside under different roof after judicial separation but still has certain rights and duties.

Now let me tell you why judicial separation is better sometimes?

  • Sometimes a person needs to give time and space to themselves and their spouse. This can help in self realisation, self analysis and also understand the value of the partner. Inferring and judging the faults of oneself is a big step towards a sunny future. While in judicial separation there is the option to reconcile and restart things , once divorced the whole marriage is over and remarrying is the only option(marriage has to be solemnized again with the same person)
  • A very major issue that comes to forefront when filling divorce is custody of child/children. Applying for custody is again a long battle which has to be fought with whole mind, body and soul. If a couple is judicially separated both have equal rights upon the kids.
  • A judicially separated wife has similar property rights as a married wife. Once divorced the spouse looses all the rights upon each other and their belongings. All the conjugal rights (matrimonial rights between a husband and a wife) exists during the subsistence of judicial separation. If a spouse dies during the period of judicial separation the other inherits the property provided there is no will.
  • There can be a situation when both the partners in the marriage have reached the highest hierarchy of Maslow’s triangle (Abraham Maslow’s theory of self actualization) and are seeking for legal separation .Alimony, maintenance and remarrying are not their priorities. Such couples can seek judicial separation and let the kids be out of this separation battle.
  • This is the most interesting reason amongst all. If you are well aware about your partner’s chakkar you can apply for judicial separation and if the spouse remarries he/she can be charged under bigamy which might give a lot of benefits to the other partner (provided your partner is so eager to remarry)

It is a common practice in glitzy world of bollywood to tie the knot and part ways. But a few of them have proved this notion wrong .Hritik and Susanne who recently planned to split up have kept their slate clean off all sorts of controversy. They are judicially separated but haven’t filed for divorce as yet .Anurag Kashyap and Kalki Koechin, due to their mutual problems have decided to take some time off from each other and resolve their issues

Divorce is permanently dissolving the marriage while judicial separation is temporarily barring it. Divorce puts an end to a relationship forever. The answer to cruelty, violence, torture, mental turmoil is divorce and one should not refrain from ending such an abusive relationship. Judicial separation is like giving a second chance to your better half. Every person should the love blessings in their lives and maybe it’s worth more than ending the relationship without giving it another attempt to workout. As we all know it each person in our life is either a blessing or a lesson…what are you for your partner….?

By-: Pooja Arora

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By Adv. Nitish Banka
B.E LLB(HONS)
9891549997
Practicing Advocate District and High courts in Delhi/NCR