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 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.
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