Adv. Kailash Nevagi

Usually people with a non-legal background consider the provisions under 498A of Indian Penal Code and under Domestic Violence Act synonymous to each other. Although both the provisions are meant to protect women against cruelty and harassment there are certain distinctions between the two.  Liability and Nature of Proceeding: The primary distinction between Section 498A IPC and Domestic Violence is the nature of liability attached to the provisions. Indian Penal code is a criminal law wherein the offender is reprimanded with punishment if proven guilty of committing offences enumerated within the code. Hence the acts committed under Section 498A amount to offences for which punishments are prescribed under the same section i.e. imprisonment up to 3 years and fine. The proceedings with respect to a complaint under 498A are criminal proceedings. As to the Domestic Violence Act, the proceedings under the same are quasi criminal in nature and not criminal proce...

Meaning Judicial Separation means a phase of a marriage where husband and wife are not obliged to stay together and the marriage has not been dissolved. It is based on the legal phrase “divorce  a mensa et thoro” means “from bed and board” as per law dictionary. Basically the term is used to denote the kind of a marriage where husband and wife are not free from the bonds of marriage, nevertheless the order of Judicial Separation granted by the court prohibits husband and the wife to cohabit together and insist that they must live separately. Distinction between Judicial Separation and Divorce Judicial separation is always treated to be as an alternative to divorce. The basic difference between Judicial Separation and divorce is that divorce brings the marriage to an end whereas judicial separation does not. The legal status of judicial separation is different from being divorced and married. In case of judicial separation the court orders for th...