Marriage is beginning of family life. It’s a lifelong commitment. Earlier the practice of polygamy was widely accepted in all societies. With human evolution and civilization, it was realized that monogamy is better for the institution of marriage. The commitment of friendship, love, companionship, and interest of the child keeps the institution of marriage alive. This institution has been working well for centuries. Rights and obligations are an integral part of the matrimonial relationship. The matrimonial law governs the registration of marriage under the personal law, restitution of conjugal rights, judicial/ non-judicial separation, divorce, maintenance, custody of a child, maintenance of a child. According to our best lawyers for matrimonial cases in Chandigarh, the reasons for increasing divorce rates in India are compatibility issues, less respect for the institution of marriage, more acceptance to divorce and false criminal cases. This article is an attempt to give an overview of the Matrimonial law in India to those who seek.
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 matrimonial lawyers in Chandigarh can be sought for help and their expert skills may come to use in such situations.
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Maintenance under S125 CrPC and how the application is made 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 basic necessities like food, shelter, medical expenses. […]Read more
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