Judicial separation and divorce are two legal remedies available to married couples under Hindu Law in case they wish to separate from each other. Here are some key details about both of these legal remedies:
Judicial Separation under Hindu Law
- It is a legal remedy where the couple decides to live separately but still remain married.
- It does not dissolve the marriage but only suspends its legal effects.
- It does not allow either party to remarry.
- It may be granted on any of the grounds on which a divorce can be granted.
- The grounds for judicial separation include cruelty, desertion, adultery, conversion, and mental disorder.
Divorce under Hindu Law
- It is a legal remedy where the marriage is dissolved and both parties are free to remarry.
- It terminates the legal effects of marriage and severs the matrimonial bond between the parties.
- The grounds for divorce under Hindu Law include cruelty, adultery, desertion, conversion, mental disorder, and incurable diseases such as leprosy, venereal disease, and HIV/AIDS.
- The Hindu Marriage Act, 1955, provides for both mutual consent divorce and contested divorce.
- Mutual consent divorce can be granted when both parties agree to dissolve the marriage.
- Contested divorce is granted when one party seeks divorce on the grounds mentioned in the Act and the other party contests it.
- The court may grant interim maintenance to the wife during the pendency of divorce proceedings.
- The court may also grant permanent alimony to the wife or make arrangements for the maintenance of the children of the marriage.
