Matrimonial Law refers to the
set of legal rules which are in practice in India with regards to
family' issues such as marriage, divorce and inheritance,
etc. It is an area of the law, which deals with family-related
issues such as marriage, civil unions, domestic partnerships,
adoption, surrogacy, annulment, child abuse, divorce, property
settlements, alimony and parental responsibility. The breakdown of
a family relationship is often the most difficult period of the
lives of all concerned and should be handled with great
understanding. Ligamine's attorneys has dealt with a variety of
successful cases giving them the experience and the confidence to
take up any kind of case related to a matrimonial dispute. Our team
completely understands all the complexities involved in such cases
and makes the best efforts to help clients meet justice.
Registration of Marriages
The Supreme Court of India in
2006 under judgment of Seema v. Aswani Kumar held that
registration of marriage is mandatory in India irrespective of
religion and directed the states to frame rules for registration of
marriages in India.
Marriages among Hindus are registered under section 8 of the Hindu
marriage act 1955. All marriages shall be registered with the Hindu
marriage Registrar or the Additional District Magistrate in each
state. Section 8 of the act states that state government shall make
rules in respect of registration of marriage and provide
particulars to be entered in the Hindu Marriage register. This
section applies to Hindus, Jains, and Buddhist.
Sikhs marriages are registered
under Anand marriage act. Parsi marriage and divorce act, 1936
provides for compulsory registration of marriages. The Indian
Christian marriage act also provides for compulsory registration of
marriage among Christian.
The Hindu marriage Act 1955 governs marriage law. It also provides
for dissolution of marriage or divorce in India among Hindus.
Section 14 of the act states that no petition for divorce can be
filed before the expiry of 1 year and it is only in exceptional
case that High court is empowered to grant leave to file a petition
before 1 year. It provides 3 main grounds for divorce in India.
Section 13 of the Hindu marriage act provides grounds for divorce.
Any one of the spouses can make a petition under section 13 of
Hindu marriage act 1955 to file the petition of divorce to District
Magistrate within whose territorial jurisdiction either of the
spouses resides or both spouses last resided or place where the
marriage was solemnized. The petition is required to contain ground
on the basis of which the petitioner seeks divorce. This could be
on the ground of adultery, cruelty, desertion or conversion or
unsound mind or any other cause as mentioned in the section 13.
Marriage of Indian citizen outside India is governed by the
Foreign Marriages Act 1969. Section 4 states that marriage between
parties in case one party is an Indian citizen can be solemnized
under this act or under a marriage officer in a foreign country
Neither party has a spouse living
Neither party is idiotic or lunatic
The bridegroom has completed 21 years of age
and the bride has completed 18 years of age.
And the parties are not within degree of
Section 3 states that the central government may by notification
appoint its diplomatic officers as a marriage officer in that
Section 5 states that parties to a marriage under this act should
send a notice as prescribed in First Schedule of this Act stating
intent to marriage to the marriage officer of the district within
whose local limits any one of the parties resided at least 30 days
preceding notice was given. The notice shall also state that party
has resided in that place. This marriage notice shall be kept as a
record and shall be recorded in a "Marriage Notice Book"
Section 7 states that marriage officer shall publish this notice
in his office and in India or country in which party is ordinary
resident. Section 8 states that any person may in writing can raise
objection to marriage on any ground specified in section 4 of the
act within 30 days from date of the notice.
In case no objection is raised then by virtue of section 9
marriages shall be solemnized under this act and the marriage
officer shall issue a certificate under section 14 of the Act
confirming the solemnization of marriage under the act which shall
be a conclusive proof of marriage. The parties to marriage may
register marriage with the marriage officer under section 17.