difference
Querist :
Anonymous
(Querist) 20 February 2010
This query is : Resolved
Dear All,
What is the difference between judicial separation and divorce decree? If one has got the decree of judicial separation, can he remarry?
adv. rajeev ( rajoo )
(Expert) 20 February 2010
Juidicial Seperation: A legal seperation of man and wife , ordered by the court, where each becomes seperated, but neither is allowed to marry again.
Divorce : Legal ending of the marriage.
Raj Kumar Makkad
(Expert) 20 February 2010
If a person has got decree of judicial separation then he cannot perform re-marriage as relation as husband and wife remain intact despite of passing of such decree whereas in divorce both the parties remain free.
Guest
(Expert) 20 February 2010
agree with experts
Kiran Kumar
(Expert) 20 February 2010
10. Judicial separation.
10.3[Judicial separation. (1)Either patty to a marriage, whether
solemnized before or after the commencement of this Act, may present a
petition praying for a decree for judicial separation on any of the
grounds specified in sub-section (1) of section 13, and in the case of
a wife also on any of the grounds specified in sub-section (2)
thereof, as grounds on which a petition for divorce might have been
presented.]
(2) Where a decree for judicial separation has been passed, it
shall no longer be obligatory for the petitioner to cohabit with the
respondent, but the court may, on the application by petition of
either party and on being satisfied of the truth of the statements
made in such petition, rescind the decree if it considers it just and
reasonable to do so.
