Divorce v. Judicial Separation

My Lord, Decree for Divorce v. Decree for Judicial Separation?

A 3-Judge Bench in Jeet Singh, (1993) 1 SCC 325 ruled that, a Decree or an Order for Judicial Separation permits the Parties to live apart. There would be no obligation for either Party to cohabit with the other; mutual rights and obligations arising out of a marriage are suspended. The Decree however, does not sever or dissolve the marriage. It affords an opportunity for reconciliation and adjustment. Though, Judicial Separation after a certain period may become a ground for Divorce, it is not necessary and the Parties are not bound to have recourse to that remedy and the Parties can live keeping their status as Wife and Husband till their lifetime.

It is quite clear that there is a distinction between a Decree for Divorce and Decree of Judicial Separation. In the former, there is a severance of status and the Parties do not remain as Husband and Wife, whereas in the later, the relationship between Husband and Wife continues and the legal relationship continues as it has not been snapped.”

Hon’ble Justice Dipak Misra, Krishna Bhatacharjee v. Sarathi Choudhury, [Criminal Appeal No. 1545 of 2015].