Judicial Separation is awarded as a resort to the parties in a troubled marriage/relationship to afford to them some time for introspection. Thus, the law allows both parties to live separately and simultaneously allows them an opportunity to think about the continuance of their relationship thus allowing them much needed space and independence.
Judicial Separation is a process before the actual legal breakup of a marriage i.e. divorce. The reason for such a provision and its existence in the Hindu Marriage Act is because the everyday struggles of a couple, the strain of living together, wear and tear of daily life can lead to an abrupt break in the marriage. A judicial separation does not affect the legal relationship status between the parties. It only affects their co-habitation. Once a decree for judicial separation is passed, a husband/ wife who have moved the court are under no obligation to live with their spouse. Unlike a divorce, a decree for judicial separation can be rescinded on the application of either party where the court thinks it just and reasonable.
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