Matrimonial Law

Overview of Matrimonial Law

Matrimonial Law

During stone ages, the practice of polygamy was widely accepted in all societies. With human evolution and civilization, it was realized that monogamy is better for institution of the marriage. The commitment of friendship, love, companionship and interest of the child keeps the institution of marriage alive. This institution is working well since centuries. Rights and obligations are integral part of the matrimonial relationship. Matrimonial law governs registration of marriage under personal law, restitution of conjugal rights, judicial/ non-judicial separation, divorce, maintenance, custody of child, maintenance of child. According to our Best Matrimonial lawyers in Chandigarh, the reasons of increasing divorce rates in India are compatibility issues, less respect to the institution of marriage, more acceptance to divorce and false criminal cases. This article is an attempt to give an overview on Matrimonial law in India to those who seek.

Laws governing Marriage, Divorce, Child Custody, Maintenance, Separation

Laws applicable are personal laws like: The Hindu Marriage Act, Hindu Adoptions and Maintenance Act, Hindu Minority and Guardianship Act, Special Marriage Act, The Muslim Women (Protection of Rights on Divorce) Act and The Indian Divorce (Amendment) Act.

The registration of marriage is done at the O/o Registrar of Marriages. The documentary formalities for registration of marriage includes proof of the marriage (photographs of the rituals, marriage certificate of Temple or Arya Samaj if available), birth proof and age proof of each spouse, two witnesses etc. In case of any threat, the wedded couple can approach High Court for life and liberty to ensure their security from their parents, family or members of their caste and community. Petition for conjugal rights can be filed by either of the spouse and on satisfaction of the court, appropriate order may be passed depending upon the merits of the case. The separation can be judicial/ non-judicial and it can be a ground of divorce. Maintenance application U/s 125 CrPC can be filed by either spouse, however, it is usually granted only to the females. At the same time, child maintenance application can also be filed U/s 125. The divorce petition can be contested or mutual. The grounds for divorce under Section 13 of Hindu Marriage Act are adultery, cruelty, desertion, conversion, unsoundness of mind, Schizophrenia, virulent and incurable leprosy and venereal disease in communicable form. The divorce case may be filed in the city where couple last lived jointly, place of residence of the girl and place of the marriage. The divorce petition can be filed before the District Judge/Family Court which has a competent jurisdiction to try the matter. The custody of the child especially, younger age is usually given to the mother unless mutually agreed upon or contested.

It is always advisable to resolve matrimonial disputes peacefully and amicably. However, either of the party is not willing to resolve the dispute amicably, our best matrimonial lawyers in Chandigarh can always help you with their expert skills in such situations.

Matrnimonial law

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Articles On Matrimonial Law



In Matrimonial Law, NRI Divorce On August 24, 2017

Marriage is an institution which unites two people. No one wants to break it, even those who wants to break it are afraid of the fear of social stigma. In recent years, there are lot of divorce cases entertained in the courts of law in India. Who can s …

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It was in 1983 that as a great savior to the fair gender section 498A was incorporated in IPC Indian Penal Code 1860, stating: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with  …

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Section 498A was inserted in IPC in the year 1983 with an intention of protecting married women from being subjected to cruelty by her in-laws. As per the provisions of this section, the relatives of husband or he himself can get imprisonment up to thr …

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India is home to diverse religions and marriage is considered to be one of the sacred things. It is a bond which is created by god. No one wants to break this due to various reasons like some do not want to get the stigma of divorce; some think that th …

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In the eyes of legal marriage is socio legal approval to a couple to live together and start a family. In India marriages are legally registered, here marriage can be registered under two acts: Hindu Marriage Act, 1955 Special Marriage Act, 1954 Any pe …

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Registration of marriage under Hindu Marriage act, 1955 In the eyes of law marriage is socio legal approval to a couple to live together and start a family. In India marriages are legally registered, here marriage can be registered under two acts: Hind …

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Marriage under Muslim Law Marriage is a union of male and female, which gives them social and legal approval to live together and start a family. Marriage has different meanings and interpretation in different religions, as in Hindus it is considered a …

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Maintenance under Sec 125 CrPc According to Indian law maintenance can be provide to specific classes of society such as wife, children and aged parents. Maintenance is generally allowed by the court to the affected party, just to bear the cost of the …

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In Love Marriages, Matrimonial Law On July 19, 2017

Love Marriages Love is a force of nature blessed by god, which can neither be taken away nor can be forced upon. However much we may want love cannot be demanded, there is very little control of man over love he can command love as much as he can comma …

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IMPLICATIONS OF DOMESTIC VIOLENCE ACT, 2005 The protection of women from domestic violence act grants Indian women more rights and protections than have ever been granted to them in the past. The act gives a very broad definition of domestic violence i …

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In Divorce, Matrimonial Law On July 18, 2017

Divorce is the legal dissolution of marriage by a court or other competent body. It is the ending of the marital relationship. India is a land of different religious communities having their personal marriage laws. All Hindus as well as Buddhists, Sikh …

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Overview There was a time when divorce was possible on the fault, wrongdoing or actions of one person only and he/she was punished for his /her fault. If both the parties were at fault, they could not apply for divorce; they were asked to resolve the d …

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Overview In general, conjugal rights are the rights which are provided to the married couples in relation to their sexual relations during the subsistence of the marriage. Restitution of Conjugal rights is the right to stay together. Section 9 of the H …

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Landmark Judgments On Matrimonial Law



In On

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) ARNESH KUMAR ….. APPELLANT VERSUS STATE OF BIHAR & ANR. …. RESPONDENTS J U D G M E N T Ch …

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