Write on the heart for you; write on the paper for society. Affidavit, Notice, Certificate everything. All religions, all castes, all colors. Register your love.
As per Hindu view, marriage is a sacred relationship in some Hindu system of marriage. There is no role of State as marriage is private affair with social realm in traditional reference marriage is undoubtedly. The most important transaction point in a Hindu life and most important of all Hindu “Sanskar”. The provision of divorce is considered anthema to the Hindu religion. The Hindu view of family where married daughters were regarded as belonging to the family of their husband not the family of their father.
Section 7 of the Hindu marriage Act, recognizes the ceremonies and customs of marriage. It is solemnized in accordance with the customary rites and ceremonies of either party. Such rituals includes “Saptapadi” taking of 7 steps by the bride and bride groom together before the holy fire the marriage becomes complete. It binding when the 7th step is taken in front of family of both bride and bride groom.
Court marriages unlike ordinary Indian wedding, are the marriages solemnized in accordance with the provision of special marriage Act, 1954. It can take place in the court itself in the presence of marriage officer and 3 witnesses. Any two person of opposite gender belonging to the same religion/caste or from different religion/caste can marry through the legal process followed by the Act in the court marriage.
A divorce is formal ending of a marriage. It is more permanent then a separation and involves a legal process. If you get a divorce that means the marriage is officially over/finished. Following are the grounds under which a divorce can be asked by either party to marriage. Cruel and inhuman treatment constitutes as grounds for divorce in a proper defence, acceptable differences enable the defendant to have the ability to arrange valid grounds for divorce:
Maintenance is an essential factor that is taken into consideration by the court while deciding on divorce proceedings in India. As per Supreme Court the family courts must not delay the grants of maintenance to a wife estranged from her husband and that the husband cannot shy away from the responsibility of sustaining his wife irrespective of the status of their relationship. The court went on that a delay in such adjudication by courts is against human rights and also against the basic dignity of an individual.
Section 125 of code of Criminal Procedure is an economic umbrella that makes provision of maintenance to be provided to divorced wives to help them to maintain and support themselves, in both during and at the conclusion of divorce proceedings. Section 125 of Cr.P.C. is a secular provision governing maintenance law across all personal laws. Supreme Court has held that the maintenance right of a wife cannot be limited by any personal law.
Under section 24 of the Hindu Marriage Act, 1955 the wife may also claimed interim maintenance. So as to enable herself and have sufficient funds to continue with the litigation.
A Hindu wife is entitled to leave separately without forfeiting her claim as to the maintenance in case of desertion, cruelty, change of religion on the part of the husband and other good causes.
Momden law recognizes marriage as a contract. The marriage in the momden law is governed by personal laws. Matrimonial causes with regard to muslim marriages are governed by the momden law and the desolution of muslim marriage Act, 1939. A momden husband has always the sanction of the queran to give his wife talak.
He desolution of marriage is a creature of statute. The law of marriage divorce and other matrimonial causes is not uniform across the place and societies. Different Acts have been enacted to governed the law of marriage for different communities in India.
Any husband can present a petition praying that his marriage may be dissolved on the ground of his wife being guilty of adultery.