Difference between ‘Judicial Separation’ and ‘Divorce’ are as follows:
Judicial Separation:
(1) The grounds of judicial separation are less serious.
(2) The possibility of reunion of the spouses is present.
ADVERTISEMENTS:
(3) It is a less drastic state.
Grounds:
(1) A single act of sexual intercourse outside the marital relationship is sufficient.
(2) Desertion for two years.
(3) Either party suffering from leprosy for one year.
ADVERTISEMENTS:
(4) Legal cruelty is a ground for judicial separation.
(5) If either party is suffering from unsoundness of mind for not less than two years.
(6) Either party suffering from V.D. for three years. The V.D. should not have been contracted from the petitioner.
Image Source: divorcesourceradio.com
Divorce
(1)The grounds for divorce are more serious.
ADVERTISEMENTS:
(2) No reunion of the spouses is possible.
(3) It is more drastic a remedy.
Grounds:
(1) Living in adultery is necessary for divorce.
(2) Respondent not heard of for seven years.
(3) Either party suffering from leprosy for two years.
(4) Legal cruelty is not a ground for divorce.
(5) If either party is suffering from unsoundness of mind continuously.
(6) Either party suffering from V.D. for two years.
Except these there are four more grounds for divorce:
(1) If change of religion by either party.
(2) If either party becoming a sanyasi or renouncing the world.
(3) If the parties do not live together for two years after the decree of restitution of conjugal rights, then divorce can be granted.
(4) If the parties do not live together for two years after the decree of judicial separation, then divorce can be granted.
Further various grounds for divorce are equally available to both the spouses under the Hindu Marriage Act, 1955. It may be relevant to refer the provisions of Divorce Act (4 of 1869) relating to divorce over here. It has been found that provisions of Divorce Act contained in Section 10 are discriminatory towards the wives. Moreover it is also discriminatory on the grounds of religion. As such the Bombay High Court has recently quashed Section 10 as ultra virus of Articles 14, 15 and 21 of the Constitution.