Marriage and Divorce: Remedies Under the Laws

If a woman is subjected to aggressive and violent behaviour from her husband, she can end the marriage. This can be done either by executing a separation agreement with her husband, by judicial separation or by divorce.
Divorce is the complete dissolution of marriage whereas judicial separation by a court order gives the right to live apart from the husband while the marriage tie still subsists. A woman can not remarry after judicial separation but she can after divorce. But in most cases, a woman can not apply for divorce until at least one year from the date of marriage, but she can apply for judicial separation at any time.
A woman’s right to her husband’s property upon his death is not affected by judicial separation but terminates upon divorce. Choice regarding divorce or judicial separation will depend on these factors as well as on the laws set out under the matrimonial Acts that applies to a particular woman. When deciding whether or not to legally separate from her husband, a woman should bear in mind that, unless Hindu Law is applicable to her, she can not claim maintenance for herself or her children without first applying for divorce or judicial separation.
This consideration is important if a woman decides to live apart from her husband, she need to ensure that she has adequate financial support for herself and her children. A third option is to live apart from her husband through a separation agreement.
This is like a contract, where wife and her husband agree to live separately and release each other from the duties that come with marriage. As in judicial separation, marriage continues to exist. However, unlike judicial separation, one does not have to go through court proceedings to be released from marital duties – the signing of the agreement is enough.

[Inputs: Premjit Elangbam,DHR, LLM [Advocate]