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Showing posts from June, 2023

What Is The Proof For Court Marriage In India?

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Court marriages do away with the traditions and ceremonies of traditional marriage by solemnizing a marriage between a male and a female who are legally permitted to marry regardless of their caste, religion, or creed in a court, before a marriage registrar, and in front of three witnesses. Eligibility: Court Marriage Eligibility for court marriage in India generally includes the following criteria: Age: The minimum age for a court marriage is 21 years for the groom and 18 years for the bride.  Consent: Both individuals should give free and voluntary consent for the marriage. Consent from both parties is essential. Relationship: The couple should not be within the prohibited degrees of relationship as specified by law. They should not be closely related by blood. Marital Status: Both individuals should be unmarried or legally divorced. In the case of a previous marriage, a divorce decree or death certificate of the previous spouse is required. Sound Mi...

Is Years Of Separation Mandatory For Divorce In India?

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to file for a divorce The minimum period of separation that is required between a husband and wife varies depending on the grounds on which divorce has been granted. For a mutual divorce, when the couple decides to file for divorce, the minimum period of separation that is required is one year. As has been mentioned under Section 13B of the Hindu Marriage Act, 1955, the provision related to mutual divorce has been explained. It explains the dissolution of the marriage by a decree of divorce based on the ground that the parties have been living separately from each other for a continuous period of not less than one year and have decided to mutually dissolve the marriage. For further information on the subject, you must seek a Divorce lawyers in hyderabad , who will offer you much-needed advice related to your matter.  For a contested divorce, if any one of the partners initiates divorce while the other does not agree, the minimum period required for separation shall dep...

What Are The Rules Of Court Marriages In Different States Of India?

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In most of the country, court marriages take place in accordance with the Act's procedure. Without regard to caste, creed, or religion, the marriage officiant conducts the ceremony. This marriage has been legally ordained. The court marriage application can be handed directly by the bride and groom to the marriage officer to obtain their marriage license. The office of the marriage official in whose district or jurisdiction the bride or bridegroom resides is where the court marriage can be registered. There are some general prerequisites and guidelines that apply throughout the nation, while the laws and procedures for court weddings in India can differ slightly from state to state. The general guidelines for court marriages in various Indian states are as follows: Age: The bride must be at least 18 years old, while the groom must be at least 21. The precise laws of the state in which you wish to get married should be checked, as some may have somewhat varying age restric...

On Which Grounds Can A Wife File A Divorce Case?

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In India, there are two types of divorce. Mutual consent divorce refers to the two parties' agreement to separate since they are both directly involved in a marriage. In some situations, the husband and wife merely need to explicitly state before the court that they intend to dissolve their union, and then, following a specific procedure, divorce is granted. In-depth proof of the divorce's causes before the court is not really necessary. The extremely difficult process of divorce can be made even more difficult by going through a contentious divorce. If one of them wants to end the marriage and the other wants to go on, the other is chosen. In such situations, the party seeking to dissolve the marriage must establish the legal grounds for divorce in India. For instance, a spouse must establish beyond a reasonable doubt that the other committed adultery in order to obtain a divorce on adultery grounds. According to the previously described religious regulations that app...

What Is The Difference Between Marriage Certificate And Registration?

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A marriage certificate is an official legal document issued by the government or authorized authority that serves as proof of a marriage between two individuals. It contains essential information such as the names of the spouses, the date and place of marriage, and the signature of the official. It is often required for various legal and administrative purposes, such as changing surnames, applying for joint accounts, or immigration processes. Marriage registration refers to the formal process of officially recording a marriage with the relevant government agency or authority. It involves submitting the necessary documents and completing the required paperwork to establish the legal recognition of the marriage. The purpose of marriage registration is to create an official record of the marriage that can be used for legal and administrative purposes, such as obtaining a marriage certificate, accessing spousal benefits, or proving marital status. Difference between Marriage Certi...

How Long Does A Cooling Period Take In India?

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In a mutual divorce, the husband and wife agree on the separation's terms and conditions as well as the divorce itself. This divorce is frequently faster and less expensive than one that is in dispute. In order to avoid drawn-out and expensive court fights, the majority of couples choose peaceful divorce. If both partners agree on the reasons for the separation, the court will frequently grant the divorce without a hearing. The mutual divorce must be authorized by both couples in order to be finalized, but there is a catch. Alimony, child custody, and property distribution fall under this category. Before they can initiate a disputed divorce when there are still issues from their marriage, even one of those issues must be resolved. Anyone filing for a mutual divorce must adhere to the cooling-off period. The two can think things over and perhaps reach an agreement during this time. Several exceptions apply to the standard six-month cooling-off period. The divorce will typicall...

What Happens After A Police Charge Sheet Is Filed?

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The police present a charge sheet to the magistrate after conducting their investigation and being certain that the defendant is guilty. If, following the filing of the first First Information Report, the officer in charge of the police station where it was filed considers there is sufficient evidence or justifiable grounds to conduct an investigation, it is permissible to make an arrest and send a report to the Magistrate in accordance with Section 170 of the Code of Criminal Procedure, 1973. Additionally, this section requests that the accused be sent to the Magistrate for further action. The investigating office will draft a charge sheet after looking into the connected offense, and the officer-in-charge will then submit the report to the court. The court will consider the complete situation before issuing a summons or a warrant. An official notice that an appearance in court is required is known as a summons. After the police file a charge sheet, the legal process moves throug...

What Are The Basic Rule Of Divorce In India ?

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When divorce proceedings are initiated by either parties of the marriage against their spouse, such a divorce could be termed as a contested divorce. Grounds for a contested divorce as provided in the following Acts passed by the legislature in India are mostly common and a petition can be filed for divorce on the basis of-  The Hindu Marriage Act, 1955 The Indian Divorce Act, 1869 The Dissolution of Muslim Marriage Act, 1939 The Special Marriage Act, 1954 Parsi Marriage and Divorce Act, 1936 The grounds provided by the law in order to initiate the proceedings for divorce in India are mainly- Adultery, Cruelty, Desertion, Conversion, Grave mental Disorder, Communicable venereal diseases to either spouse, some other grounds such as the impotence of the partner, imprisonment of the partner, failure to provide maintenance to the complainant, etc. Different types of Divorce- If Parties to the marriage do not wish to continue their relationship and ar...

How To Prove False Allegations By Wife In Court ?

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In India, a woman can file a complaint under Section 498a of the IPC alleging that her husband has harassed or tortured her on any level, including mental, physical, and psychological, and the IPC punishment for such an offense is well-known by the general public as a result of the large number of 498a cases that have gained attention. Due to the fact that it is a cognizable, non-bailable, and non-compoundable offense in India, every woman understands its usage and holds it as an instrument of defense against any kind of matrimonial cruelty. But there has been a noticeable surge in bogus 498A cases and the misuse of Section 498 of the IPC during the last few years. Without a well-defined and simple mutual divorce procedure, 498A frequently turns into a convenient option for settling disputes. Rights Guaranteed against Wife's False Claims The husband can go to court and register a counter-case against his wife for any erroneous allegations to establish he is innocen...