Separated vs. Divorce India: Understanding the Difference
Marriage, a sacred institution in Indian society, binds two individuals and their families. However, sometimes circumstances lead to a breakdown in the marital relationship. In such cases, couples may choose either legal separation or divorce. Let’s delve into the distinctions between these two legal processes.In such cases, couples may choose either legal separation or divorce. Let’s delve into the distinctions between these two legal processes. Separated vs divorce India
Legal Separation: The Interval
- Definition:
- Legal separation is a temporary suspension of the marital bond.
- A decree of judicial separation grants relief from the obligation of cohabitation for a specified period.
- Couples may reunite later if they choose.
- Grounds for Legal Separation:
- The grounds for legal separation vary based on personal laws:
- Hindu Marriage Act: Provides specific grounds for both divorce and judicial separation.
- Special Marriage Act: Allows couples to seek separation without waiting for a year (unlike divorce).
- The grounds for legal separation vary based on personal laws:
- Advantages of Legal Separation:
- Provides time for self-reflection and analysis.
- Allows couples to assess whether they can survive without the marriage.
- Leaves room for potential reconciliation.
Divorce: The Permanent End
- Definition:
- Divorce is the final dissolution of a marriage.
- It occurs when a competent authority or court legally terminates the marital relationship.
- Unlike legal separation, divorce is irreversible.
- Grounds for Divorce:
- Grounds for divorce vary based on personal laws:
- Hindu Marriage Act: Specifies grounds for divorce.
- Muslim Law: Allows the wife to seek divorce under The Dissolution of Muslim Marriages Act, 1939.
- Christian Law: Provides grounds for divorce.
- Grounds for divorce vary based on personal laws:
- Advantages of Divorce:
- Provides a clean break from the marriage.
- Allows individuals to remarry.
- Ends legal obligations between spouses.
Legal Ally On Separation – LawCrust
In summary, legal separation offers a pause, while divorce marks the end. Whether you choose separation or divorce, remember that LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd, stands ready to provide premium legal services. LawCrust specialises in providing the best lawyer services for divorce cases, ensuring expert representation and support through every step of the process.
For immediate assistance, call us at +91 8097842911 or email bo@lawcrust.com. Trust LawCrust, where excellence delivers results!