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Marriage and Divorce

Everything About Marriage And Divorce Laws In India

India has a convoluted legal system because of many different religious and personal regulations that regulate marriage and divorce. These laws, which are frequently inspired by particular religions and customs, handle a variety of aspects of marriage, such as ceremonies, age, and reasons for divorce.

India is a largely secular nation where many different religions are practiced freely. The three main religions practiced are Hinduism, Christianity, and Islam. Humans’ complete marriages in line with cultural customs and ceremonies, the majority of which are codified in statutory personal laws. Consequently, the personal laws of the spouses, based on their respective religions, basically determine matrimonial laws in the country of India, including rules on marriage, divorce, and other related matters.

 

Marriage Laws in India

The institution of marriage unites two people for all time. India is a secular nation where individuals are free by constitution to practice any religion they choose. India has a variety of religious personal laws that establish ...Read More

Marriage Laws in India

The institution of marriage unites two people for all time. India is a secular nation where individuals are free by constitution to practice any religion they choose. India has a variety of religious personal laws that establish marital regulations.

Hindu Marriage Act (1995)

  • The individuals getting married need to be single and not have a spouse from a prior marriage who is still alive.

  • The legal age is 21 years for men and 18 years for women.

  • It is imperative that both parties maintain mental stability and possess the ability to freely consent to the marriage.

  • The individuals who marry must be psychologically well-suited for one another, meaning they cannot be experiencing any mental health issues.

  • The bride and groom ought not to be "sapindas" of one another unless their respective religions permit it.

Indian Christian Marriage Act (1872)

  • The bride and groom should be 18 and 21 years old, respectively.

  • The permission of the couple who are getting married must be freely given and unaffected by outside pressure.

  • At the moment of marriage, none of the parties shall be married to someone from a previous marriage.

  • The marriage requires a sense of sanity of both partners.

  • In India, a marriage registrar, who has the ability and license to register marriages and issue marriage certificates, and the presence of at least two trustworthy witnesses are prerequisites for the marriage ceremony.

Muslim Marriage Act (1954)

  • The bride and groom should both identify as Muslims and declare their religion in it.

  • Regarding age, mental competence, and other factors, each party must be able to enter into a marriage.

  • The Islamic rule of marriage does not restrict both bride and groom from getting married to each other.

  • The Muslim bride and groom shall freely consent to marry each other in accordance with this act, understanding the terms of the marriage contract. 

  • Muslim marriage shall take place before or in the presence of an individual designated as a marriage officer in accordance with the regulations of the Act for Muslim Marriage.

  • The Muslim Marriage Act's provisions will govern the registration of marriages.

Special Marriage Act (1954)

  • Under this Act, it is mandatory to register a marriage in India before tying the knot in marriage. You can engage a family lawyer in India to finish the marriage registration process.

  • Both the bride as well as the groom must be at least 18 and 21 years old, respectively.

  • They must both be in good mental condition.

  • The couple who are getting married are not allowed to be blood-related or have ancestral connections. The Act prohibits relationships, in which a marriage cannot be performed between parties.

Divorce Laws in India

In its most basic form, divorce is the legal dissolution of a marriage through a court process. However, there are other legal procedures associated with getting a divorce in India, such as distinct procedures for Hindus, Christians and Muslims.

Divorce in “HINDU” Religion

In the Hindu Marriage Act of 1955, Section 13, describes the grounds for obtaining a divorce. This act lays down different grounds for the grant of divorce in the Hindu Religion. The main grounds are as follows:

  • When one of the spouses engages in sexual activity with someone other than their spouse, it is regarded as adultery under HMA.

  • Both physical and emotional cruelty are considered forms of cruelty. Physical cruelty is when one spouse intentionally harms the other spouse; this is easy to spot, however, mental cruelty can be more severe and difficult to detect, as it affects the victim's health.

  • Desertion is the act of one spouse leaving the other with no explanation and without permission with the goal of never returning. Desertion is a legal basis for divorce if it occurs after two years.

  • The other spouse may file for divorce in court if one of the two converts their religion.

  • The state in which an individual becomes unsound is called insanity. When one spouse cannot cohabitate with the other due to a mental illness, insanity becomes a basis for divorce.

  • Renunciation refers to the act of giving up something and walking the path of God; if one spouse renounces something similar, this can be a legitimate reason for divorce.

  • If family members and friends haven't heard and presumed to be dead from a person for seven years and are unsure of their whereabouts, that individual is deemed dead. Thus, this qualifies as a legal basis for divorce.

Divorce in “CHRISTIAN” Religion

In the Indian Divorce Act 1869 of Section 10A, outlines the two legal procedures for obtaining a divorce among Christians in India. It outlines two kinds of divorce. They are:

Divorce by Mutual Consent- Once both partners have come to the conclusion that they can't live together happily, they can file for divorce in district court after living apart for a minimum of two years.

Divorce that is Contested- Any of the spouses may file for a contested divorce for the following reasons:

  • Unsound mental state for a minimum of two years in a row.

  • On the ground of adultery

  • On the ground of cruelty

  • For a minimum of two years, one spouse has ceased being a Christian.

  • Wilfully declining to have the marriage consummated.

  • Is found deserted for a minimum of two years.

  • Husband is a sodomy and rape victim.

  • Any spouse who has been missing for a minimum of seven years.

Divorce in the “MUSLIM” Religion

In the Dissolution of Marriage Act of 1939 Section 2, outlines the two procedures for obtaining a divorce among Muslims in India. They are:

Judicial Divorce:

  • Divorce under court supervision requires a waiting period and only one declaration is the divorce called Talaq-e-Ahsan.

  • judicial dissolution issued for good cause such as cruelty or abandonment by a judge or qazi is the divorce known as Faskh.

Extra-judicial Divorce:

  • A divorce that is started by the wife and in which she gives up her dower is the divorce known as Khula.

  • The divorce which is finalized using a certain process and conducted outside of court is known as Talaq-e-Hasan.

  • Divorce cases handled extrajudicially may be impacted by local traditions through customary divorce as well.

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