Judicial separation

It is a temporary suspension of marital rights as a result of decree passed by the court.

SECTION-10 deals with judicial separation.

Section 10 (1)

Either party to a marriage may present a petition praying for judicial separation on any of the ground specified in section13(1)&(2).

Section 10 (2)

Where a decree has been passed for judicial separation then it shall no longer be obligation for petitioner to cohabit with the respondent

Effects of Judicial Decision

1-Marriage is not dissolved.

2-After passing of decree the couple are not bound to live together 3-During this period remarriage amounts to bigamy.

4-It doesn't prevent the parties from resuming cohabitation and living together.

*Judicial Separation

1- Given under Section 10

2-Doesn't dissolve the marriage

3-Neither party is free to remarry.

4-Petition can be filed anytime after marriage.

5-Possibilty of reconciliation is there after separation

*Divorce

1-Given under section 13&13(B)

2-It does dissolve the marriage parties are free to remarry.

3-Petition can be filed after one year of marriage.

4-No possibility of reconciliation is there after separation.