Point out the distinction between judicial separation and divorce

Difference between Judicial Separation and Divorce.

The Hindu Marriage Act ,1995 following the English statue on the parties of the two fold rights of claiming  decree for dissolution of marriage by divorce judicial separation. There are fundamental points of difference between the two which are mentioned below .

a ) A degree of divorce has the effect of dissolving the marriage and putting an end to the marriage tie. It allows parties to contract fresh marriage after expiry of the period prescribed in the status . The Separation affected by the decree of divorce in absolute and final.

            A degree for Judiciary separation is not absolute and final none of the parties can contract fresh marriage after the decree. It only presents parties from cohabitation. It separate the parties on bed and board.

b ) An application for a decree for judicial separation can be presented at any time after marriage. There is no time limit prescribed in Section 10 of Hindu Marriage Act,  to make an application for judicial separation.

        On the other hand , normally no Court will pass a decree for divorce unless the application was presented after the expiry at least one year from the date of the marriage Section 14 of Hindu Marriage Act 1955, however enables a court to pass a decree for divorce even before the expiry of one year after the marriage if the court is satisfied that it is a case of exceptional hardship to the petitioner or of exceptional on the part of the responded.

c ) The ground of judicial separation under the Hindu Marriage Act 1955, prior  to the amendment by the marriage  law amendment act, 1976 were different compared to the ground of divorce . The marriage law amendment act , 1976 provides that any party may  present a petition for degree for judicial separation on any of the grounds is for which a petitioner for divorce can be presented. 

             The provision for divorce by mutual consent introduced by the marriage law amendment act, however cannot be invoked  as a ground of judicial separation. The said act also provides that a court may open a petition pass a decree for judicial separation except on the ground of conversion from Hinduism renunciation of worldly of fairs. When a party has not been heard of as alive for seven years. A person may apply for a decree of divorce after the expiry of one year from the decree of judiciary separation or from the decree of restitution of conjugal rights , in case it is not complied with.