Can judicial separation be granted instead of divorce for which party has approached the Court? : Del HC says
[21 February 2022] As per the scheme of the Hindu Marriage Act, 1995 the ambit and the scope of the Judicial Separation and Divorce is qualitatively different. The High Court observed that the parties cannot remarry during the period of judicial separation, since the status of marriage subsists. Whereas, once a decree of divorce is granted, parties are free to remarry once the statutory period of appeal expires and there is no restrain passed by a competent court against remarriage.
Elaborating the analysis, in view of the present facts, this Court opined that the Family Court’s decision in ordering the judicial separation instead of Divorce was faulty. It is not for the Court to decide to substitute the relief sought by the petitioner who has approached the Court.