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Judicial separation is when you get a court order permitting you to live separately from your spouse. Under the law, once a couple is married, they are expected to cohabit. Each spouse automatically gets the right to cohabit with the other spouse. Therefore, if you want to formally stop living with your spouse (in case of problems in your marriage), then you can opt for judicial separation.
In judicial separation, you still remain legally married to your spouse. You only start living separately. In a divorce, your marriage itself is put to an end.
Judicial separation grants a couple the space and time to live separately and resolve their issues. Since the marriage continues to exist, you can let go of the judicial separation at any time and go back to your marriage if you want.
People usually opt for judicial separation in two situations:
When a couple gets married, they are expected to live together. If one of them wants to live separately, without the consent of the other, they can do so, but, the other spouse can always file for Restitution of Conjugal Rights.
The Hindu Marriage Act, Section 10.
Yes, you can, but only one year after the date when judicial separation has been granted and if you and your husband have not started living together during the separation period. For example, if the court passed the order for judicial separation on 1 st January 2020, then you can file for divorce only after 1 st January 2021, provided you both have not been living together during this period.
Please note: This information has been made available to you for your benefit on an ‘as is’ basis, and is only for your information. It does not constitute legal advice and cannot substitute professional legal advice. Our disclaimer policy can be viewed here ( disclaimer policy)