Judicial Separation in India is different from Divorce. People usually refer to both as one and the same thing which is not correct. Both of the concepts have different meanings and different results. One must be clear about the same before proceeding with either. Judicial Separation can be advised depending on circumstances as explained below.
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What is Judicial Separation in India
The decree of judicial separation in India permits the spouses to live separately from each other. Judicial separation is an alternative to divorce. It is beneficial to spouses who due to any reason find it impossible to reside together as husband and wife. But however are unable to decide the future of their marriage. Judicial Separation is the first option. It comes before divorce. This gives a second chance to marriage. Therefore, by way of this, the marriage stays intact. It provides them alot of time to reflect on their thoughts and actions to make an informed decision. Such decisions play a crucial role. Especially when there are children involved in the process. You can read here about child custody.
Judicial Separation in India as an Alternative to Divorce
Judicial separation in India is an important precursor to divorce. It affords a final opportunity to spouses to resume, re-start their marital life. Judicial Separation allows the couples to refer each other as their spouse. At the same time allows the parties to lead separate lives. Hence, it gives the Parties the required individual space they need before deciding to part ways completely. This individual space that the Parties get is not infinite. It has a time limit. The Parties get an opportunity to decide their future action within this time period.
Judicial Separation versus Divorce
Judicial separation is beneficial for couples who due to cultural and religious reasons do not wish to file for a divorce. Legal separation may often lead to reconciliation . Judicial separation allows the couples to take time away from the conflict of marriage. This helps in making the most prudent decision with respect to the future course of action. It is important that a couple thinking of getting divorce atleast considers the option of Judicial Separation once. This might a marriage saver in many cases.
Hence, one must not decide on divorce straight away. Judicial separation can be sought on any of the grounds on which a divorce maybe filed. It is always advisable to go for judicial separation as re-conciliation is always open. But, in case, spouses decide on Divorce, mutual divorce should be considered before jumping into a legal battle in case parties have already decided to end their marriage. Hence, Judicial Separation is different from divorce. You can read here about mutual divorce.
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