Marriage is an event which brings to beginning the family life. For being a lifelong commitment, marriage is observed as a sacrament. In historic societies, polygamy/ polyamory was quite prevalent, however, with the advent of human evolution, and coming of rationality, logic, sciences, culture, ethics, and morality – which shaped the modern day civilization, monogamous marital relationships eventually emerged as a winner. Over centuries, the institution of marriage has undergone many changes as to its legal, societal and moral validity. It has been evolving to befit the evolution of society. Rights and obligations being an integral part of the institution of marriage, the matrimonial law has become exhaustive and it is advisable to hire the best Divorce Lawyers in Chandigarh who are well versed in the process of Mediation, Reconciliation, and settlement, and can provide rightful guidance. The matrimonial law field governs:
Every week our leading matrimonial lawyers of Chandigarh are engaged in a shockingly large number of marital disputes. Astonishingly, the number keeps drastically increasing and it urges us to delve into the majorly quoted underpinned issue called – ‘incompatibility’! What a fruity word, isn’t it? A word that became a phenomenon in the last few decades, just because it sounds techy!!?
Humans have been incompatible with one another for as long as history speaks. Human history is that of bloodshed, mass-violence, and war. And so it seems that the world is a bad bargain in lieu of un-affordability of tolerance towards reasonable human-fallibilities. Much goes to the flimflam and the media-perfect idealization & awakening surge. The institution of marriage has been pushed to the beginning of an extinction. Besides, acceptance of divorce and the fashion of vindictive-assault by levelling false criminal charges has introduced a new dimension to the intellectual care-free freedom.
We are not suggesting that one should tolerate evil. The entire concept of law is based on the rejection of evil, and we wouldn’t advocate against it. However, one should permit human fallacies and not take an offence where it’s not due and especially where it isn’t even intended. If everything wrong has to be evil, so is an exaggerated reaction, and of course, vengeance.
The first rightful suggestion is of Mediation & Reconciliation between the parties, because it is extremely difficult to even know from where the fault started in a relationship and even more difficult, is to attribute the fault to one person. Besides, digging the grave is likely to do more harm than any good. The only effective measure is to cruise the parties out of the situation of discord. In simple words, attempts must be made to help the couple sort out their differences. Alternate remedies can also be suggested as therapies etc.
Registration of Marriage
The registration of marriage is done at the office of 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 seek the help of the best lawyers for matrimonial cases to approach High Court to ensure their safety, life and liberty remain protective from extremely fanatic parents, family or members of their caste and community. Petition for conjugal rights can be filed by either of the spouse and on the satisfaction of the court, an 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 a 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 a child especially, younger age is usually given to the mother unless mutually agreed upon or contested.
It is advisable to resolve matrimonial disputes peacefully and amicably. However, if either of the parties is not willing to resolve the dispute amicably, our best divorce lawyers in Chandigarh can be sought for help and their expert skills may come to use in such situations.
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