Legal Question in Family Law in India

difference

I am informed that i will receive a divorce notice. I talked to my wife and she was ready for a legal seperation. But she asked her lawyer the difference between divorce and legal seperation. She is told that both are same. It made some confusions. Is there any truth in it


Asked on 8/28/08, 6:55 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: difference

The two are widely different.

Divorce means "dissolution" of marriage.

"Judicial Separation" means the parties are separated but they still remain husband and wife in law.

One example can be about inheritance :

In the event of death of one spouse, the divorced spouse does not inherit anything whereas if the parties are only separated, the spouse will have full rights of inheritance.

In nutshell, in judicial separation, the parties retain the status and title of husband and wife for all legal purposes even though they may be separated and may be living separately.

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Answered on 8/28/08, 8:09 am

Re: difference

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

Divorce and judicial separation both are totally different in fact. By a decree of divorce marriage is dissolved

and spouse no more remained husband and wife.They lose status of husband and wife. On the other hand in judicial separation marital tie remains intact.Spouses live separately but they have all the status of being husband and wife except conjugal rights.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Read more
Answered on 8/28/08, 11:59 am

Re: difference

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

Divorce and judicial separation both are totally different in fact. By a decree of divorce marriage is dissolved

and spouse no more remained husband and wife.They lose status of husband and wife. On the other hand in judicial separation marital tie remains intact.Spouses live separately but they have all the status of being husband and wife except conjugal rights.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Read more
Answered on 8/28/08, 12:30 pm

Re: difference

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

Divorce and judicial separation both are totally different in fact. By a decree of divorce marriage is dissolved

and spouse no more remained husband and wife.They lose status of husband and wife. On the other hand in judicial separation marital tie remains intact.Spouses live separately but they have all the status of being husband and wife except conjugal rights.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Read more
Answered on 8/28/08, 12:30 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: difference

No legal separation only entitles you to reside separately but relation of husband and wife won't come to an end whereas in divorce the relation ends.

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Answered on 9/01/08, 2:10 am


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