Judicial separation is lesser evil than divorce as it leaves hope for reconciliation.

The decree of judicial separation by the court implies that the husband and wife are no more obligated to live together or to fulfil their marital obligation. Both are free to live separately their lives. But they are not divorced yet so they cannot remarry and their status is still married as husband or wife in either case.

Section 10 of HMA, 1955 deals with the concept of judicial separation. The grounds for getting a decree of Judicial separation are the same as divorce i.e., adultery, cruelty, mental disorder, desertion, conversion, etc.

If the court passed the decree of judicial separation the same can be rescinded by the court at the request of either party. The court looks into the previous facts and circumstances and new facts and circumstances on which the party is relying for the cancellation of the decree of judicial separation. If the court finds it reasonable then the decree will be rescinded. But there is no way to look back when the decree of divorce is passed.

Section 13(1A) (2) of HMA, 1955 says that after the decree of judicial separation is passed and parties had not cohabited within one year from the date of the decree is passed either party can appear before the court and pray for the decree of divorce.

In case the parties after the decree of judicial separation committed sexual intercourse the decree of judicial separation becomes ineffective. But in the case of decree of divorce, there is no effect of commission of sexual intercourse. If during the decree of judicial separation either party died then the other party had the right over the property of the deceased.

The judicial separation decree provides a chance to the party to save their marriage as the object of HMA is to save the social institution of marriage.

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