AR Rahman-Saira Banu, Dhanush-Aishwarya separated not divorced! Know what's the difference

AR Rahman-Saira Banu and Dhanush-Aishwarya

AR Rahman and Saira Banu announced their divorce recently. This is not the first big profile celebrity divorces of recent times. From Dhanush-Aishwarya Rajinikanth, Aamir Khan-Kiran Rao, Seema Sajdeh- Sohail Khan to Naga Chaitanya-Samantha Ruth Prabhu, celebrity couples have grabbed headlines for terminating their marriage. While some have announced separation from their spouses, some have announced divorce. So what is the difference between the two in legal terms?

Difference between separation and divorce

The terms divorce and separation have two different meanings under the Hindu marriage act in India. Advocate Vedika Chaubey explains, "Separation is filed under section 10 of Hindu marriage act. Unlike divorce, it does not terminate the marriage. In divorce, everything is over and you cannot be treated like husband and wife. But in separation, even after they are legally separated they will remain husband and wife. In separation, the couples can mutually decide their living arrangement, the custody of children if they have and managing bank paperwork. There is no specific period for separation."

While it has been largely reported that AR Rahman and Saira Banu have been divorced, the official statements mention that the two have separated. Saira's lawyer Vandana Shah shared an official statement on her behalf, saying, "After many years of marriage, Mrs. Saira has made the difficult decision to separate from her husband, Mr. A. R. Rahman. This decision comes after significant emotional strain in their relationship. Despite their deep love for each other, the couple has found that the tensions and difficulties have created an insurmountable gap between them, one that neither party feels able to bridge at this time."

Similarly, actor Dhanush also announced his separation with Aishwarya Rajinikanth back in 2022. The couple filed for divorce only in April 2024 and is yet to receive the same from the court. Actor Sohail Khan and his ex-wife Seema Sajdeh were also legally separated before they got a divorce. They were reportedly separated for a couple of years before they went ahead with a mutual divorce.

Veteran actor Dharmendra also did not divorce his first wife before getting married to his Sholay co-star Hema Malini. It was rumoured that the actor converted to Islam before marrying Hema Malini as the Islam marriage act allows a man to marry four times while the Hindu act does not endorse it without legally divorcing the first wife. However, Dharmendra has in the past refuted rumours of religious conversion.

Increase in separation and divorce rates

Chaubey also highlights the growing trend of opting for separation over divorce among couples. "There is trend in the market where couples for separation instead of divorce so that they can legally claim insurance benefits. Some people have insurance in crore. If the couples divorce they cannot be nominees."

The lawyer also agrees that there has been an increase in divorce rates in the recent past. Some of the reasons for seeking divorce include: "One spouse not doing housework, not getting along with the mother-in-law or incompatibility issue".

There are also two types of divorce- Contested and mutual divorce. "In contested, one party sends notice to the other and they have to respond. Such cases usually go on for long with the end not in sight. It can go on for 10-15 years unless one of the parties does not agree to settle with terms and conditions. In mutual you can get divorce in 6 months," she said adding that most cases end in five years as one of the parties eventually gives in. In some rare cases, the courts can also cancel the petition if the contested divorce grounds are not strong enough.