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 if
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 prohibited relationship.
Section 3 states that the central government may by notification appoint its diplomatic officers as a marriage officer in that foreign country.
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.