Family Law
Divorce may be filled on grounds specified u/s 13 Hindu marriage act 1955 being Hindu after one year of marriage. For the Decree of divorce you need to file petition in concern district family court with prayer to alimony.
You may refer the Divorce law section of this website to get detail information.
Decree of divorce may obtained by filling first motion joint petition u/s 13 B(1) of Hindu marriage act 1955, and second motion joint petition u/s 13 B(2) of Hindu marriage act 1955. Remember the time period for filling of the second motion is 6 month, but the Hon’ble Supreme Court in Amardeep Singh vs. Harveen Kaur judgment, allowed family court to waive off the 6 month cooling period on certain grounds. Hence one may obtain divorce by this process in just 15 days.
Section 9 Hindu marriage act, 1955 provide bar to abstain from the company of the spouse without any reasonable cause. If either of the spouse left or withdraw from the company of other, the other spouse asked the remedy u/s 9 HMA to join the matrimonial home by filling the petition in family court under the above said law.
The marriages under the Hindu law which are not according to the clause (i) , (iv) & (v) of Section 5 of the Hindu marriage act, 1955 are void ab initio. Hence to declare those marriages null and void a petition u/s 11 Hindu marriage required to file before the concern family court to obtain the decree.
Section 26 Hindu marriage act, 1955 provide right to ask the physical custody of minor child to natural guardian, a petition to concern family court may be presented. To taken the custody of the minor child one may file the petition under various sections of the Guardian and ward Act for any person may be Muslim, Parsi or other than a Hindu and including the Hindu.
Provision to Maintainace for wife : wife may asked from the husband by presenting to the petition under section 24 Hindu marriage act, 1955 & section 125 Criminal procedure code to the concern court. The wife also asked to maintenance u/s 23 Domestic Violence Act.
U/s 125 CRPC wife, parants and children may liable to maintained by the husband, son/daughter and parants respectively.
Provision to Maintainace for Husband: U/s 25 Hindu marriage act, 1955 a husband may also ask for maintainace from the wife if she earn more than him.
It is been often seen that the wife/daughter in law may be sexually /physically harassed by the in laws at the in laws home. Hence one should file complaint u/s 498a r/w section 354, 354B and other if required as per the case or consult with legal practitioner of your choice.
The marriages of Hindu, Parsi shall be according to the Hindu marriage act.
The marriage of Muslims should according to the shariat law.
The marriage of Sikhs should according to the Anand marriage act
A legal marriage performed according to concern law if not accepted by any of the government departed for any requirement, one may file the suit before the family court to declare the marriage valid.
—————–Marriage Registration & Court Marriage———————
There is a provision in India to register a marriage within one month of solemnisation of marriage.
For registration of marriage first of all you need some procedure which need to follow according to state law.
In Delhi one can apply on Delhi government official portal i.e www.delhi.gov.in and apply it online thereafter some of the documents you need;-
- 4 marriage photographs
- 4 passport size photographs each
- copy of Adhaar card each
- copy of resident proof
- copy of Marriage card
- Proof of Place of marriage
On completion of all the formalities and due enquiry the certificate will be issued to applicant. Applicant may verify the certificate online and same shall be available to download for further use.
