Key takeaway
A decree of judicial separation suspends the duty to live together but keeps the marriage alive — neither spouse can remarry. Divorce ends the marriage. Judicial separation is available on the same grounds as divorce, and if the couple does not resume living together for a year after the decree, either can then seek divorce on that basis.
Comparison
| Judicial separation | Divorce | |
|---|---|---|
| Marriage | Continues | Ends |
| Remarriage | Not allowed | Allowed after decree becomes final |
| Duty to cohabit | Suspended | Ends |
| Maintenance | Available | Permanent alimony available |
| Reversible | Yes, court can rescind if parties reconcile | No |
Grounds and procedure
Under section 10 of the Hindu Marriage Act, either spouse may seek judicial separation on any ground on which divorce could be sought under section 13(1), and a wife on the additional grounds in section 13(2). The procedure is similar to a contested divorce. See contested divorce.
Converting to divorce
If there is no resumption of cohabitation for one year or more after a decree of judicial separation, either spouse can seek divorce under section 13(1A).
When separation may suit
- religious or personal objections to divorce;
- uncertainty about ending the marriage;
- wishing to retain certain status-linked benefits, subject to the relevant rules.
NRI couples should also consider how a separation decree is treated in their country of residence.
Related guides
- All NRI legal guides
- NRI divorce and family law in India: the complete guide
- Mutual consent divorce: waiving the cooling-off period
- NRI divorce lawyer (service)
References
- Hindu Marriage Act, 1955, sections 10, 13 and 13(1A) — India Code
- Special Marriage Act, 1954, sections 23 and 27
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
