Asked in Marriage
judicial separation is both will separate from each other after this decree, and restoration is both will united again after decree, but seperation decree is valuable coz it can be enforceable, but restoration decree is not enforceable by court.
The important difference between Judicial separation and restitution of conjugal rights are available in Sec 9 and 10 of Hindu Marriage Act and Yogesh ji already explain in detail with examples
Judicial Separation is defined under section 10 of the HMA while the restitution of conjugal rights is defined under section 9 of HMA. All the grounds those available for divorce are also same for judicial separation. In judicial separation a wife can file an FIR against her husband under section 376B and husband will be punished for 2 to 7 years while in restitution of conjugal rights such type of offence not made out. When a wife lives separate from her husband without any reason or other spouse he or she file an application before the concerning family court under section 9 of HMA for restitution of conjugal rights.
Jud SEP. is sepreted by court if one party don't want to live with other as such on the grounds of cruelty etc. & cong right s is reunion of both
judicial separation is nothing but divorce, Restitution of conjugal rights is restore the family reunion...by Chandrashekhar Vithal Jadhav Advocate Bangalore.
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