Marriage & Divorce
Chronic Diseases In India today, the divorce rate is significantly low in despite of existence of radical disparity between spouses, either of the two was expected to compromise with the ising in the Indian metropolis. Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another. While contesting for or mutually agreeing with the divorce, persons may seek assistance from the site regarding several divorce related affairs like alimony, child support and grounds for divorce.
For NRI divorce seekers, this website will be quite useful while gaining information regarding the laws concerning the NRI divorce procedures. To get to know about hiring lawyers to dealing with divorce, explore the ntire indidivorce. com in order to understand the dynamics of divorce in India. SanJana Shah (107) India being a cosmopolitan country tolerates personal laws of its citizen.
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As a result each citizen of India is entitled to have his own personal laws inter alia in the matter of marriage and divorce. WHAT IS MARRIAGE?
In order to define marriage, you need to look at not only the historical period, but also on the geographical location and the cultural traditions of the individuals involved in the marriage relationship. A general definition of marriage is that it is a social contract between two individuals hat unites their lives legally, economically and emotionally. A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws).
These may include: Giving a husband/wife or his/her family control over a spouse’s sexual services, labor, and property. Giving a husband/wife responsibility for a spouse’s debts. Giving a husband/wife visitation rights when his/her spouse is incarcerated or hospitalized. Giving a husband/wife control over his/her spouse’s affairs when the spouse is incapacitated. Ђ Establishing the second legal guardian ofa parent’s child. Establishing a Joint fund of property for the benefit of children. Ђ Establishing a relationship between the families of the spouses. WHAT IS DIVORCE? Divorce (or the dissolution of marriage) is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of Divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of Adultery, Cruelty, Desertion for two years, Conversion in religion, Unsound mind,
Suffering from venereal disease and/or Leprosy has renounced the world not heard for 7 years no resumption of co-habitation for one year after the decree of Judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, Husband guilty of rape, sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year.
MARRIAGE Hindus are governed by Hindu Marriage Act, 1955 which provides for the conditions fa Hindu Marriage where under the bridegroom should be of 21 years and bride of 18 years, they both should be Hindus and should not be within the degree of prohibited relationship neither party should have a spouse living nor any party should be subject to recurrent attacks of insanity or epilepsy, either of them should not be suffering from mental disorders or should not be unfit for marriage and procreation of children and both should be of sound mind and capable of giving valuable consent.
Muslims are governed by their personal laws under which “Nikah” (i. e. marriage) is a contract and may be permanent or temporary and permits man 4 wives if he treats all of them equally. To have a valid “Nikah” under the Muslim Law, presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence and hearing of two sane males or one sane male and two sane female adults, all Muslims and acceptance of the said proposals at the same time constitute a valid Nikah under the Muslim Personal Law.
For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law For Indian Christian there is a Indian Christian Marriage Act 1889. Persons of any religion ho get married under the Special Marriage Act, 1954 are governed by the said act. There are certain penal provisions also in the Criminal Procedure Code providing for the maintenance of the wife and punishment for bigamy. DIVORCE India has different divorce laws for different religions. Almost all the religions has their own divorce laws in India which are used among themselves.
There are separate laws for inter-cast or inter-religion marriages. Divorce laws in India for Hindus is described in Hindu Marriage Act, 1955. Hindu Marriage Act is also used for Sikhs, Buddhists and Jains as they dont have their own separate marriage and ivorce laws. Here is the list of various divorce laws in India for various religions: Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955 Christians : Indian Divorce Act, 1869 Inter-Cast of Inter-Religion : Special Marriage Act, 1954 Grounds For Divorce In India In India divorce is granted mainly on 4 different grounds. 1 .