Marriage & Divorce

BUSINESS LAW PROJECT

TOPIC: MARRIAGE AND DIVORCE

Prepared BY:

Sanjana shah(107)

Sadhvi jaggi(111)

Siddharth bagri(115)

Souren bhulchandani(116)

Simone contractor(117)

Introduction

In India there are different divorce laws for different religions and it is absolutely imperative to understand that all these religions have their own divorce laws in India which are used amongs themselves with separate laws for inter-cast or inter-religion marriages.

The list of various divorce laws in India for various religions:

1. Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955 2. Muslims : Dissolution of Muslim Marriages Act, 1939 3. Christians : Indian Divorce Act, 1869 4. Parsis : The Parsi Marriage and Divorce Act, 1936 5. Inter-Cast of Inter-Religion : Special Marriage Act, 1954
Grounds for Divorce in India:

In India divorce is granted mainly on 4 different grounds. (You can see the grounds for divorce for Muslims here (section number 2):

1. Adultery 2. Desertion 3. Cruelty 4. Impotency 5. Chronic Diseases
In India today, the divorce rate is significantly low in despite of existence of radical disparity between spouses, either of the two was expected to compromise with the other so that their marital bonding survives. However, the rate of divorce is rapidly rising in the Indian metropolis.

Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another.

While contesting for or mutually agreeing with the divorce, persons may seek assistance from the site regarding several divorce related affairs like alimony, child support and grounds for divorce. For NRI divorce seekers, this website will be quite useful while gaining information regarding the laws concerning the NRI divorce procedures. To get to know about hiring lawyers to dealing with divorce, explore the entire indidivorce.com in order to understand the dynamics of divorce in India.

Sanjana Shah (107)

India being a cosmopolitan country tolerates personal laws of its citizen. As a result each citizen of India is entitled to have his own personal laws inter alia in the matter of marriage and divorce.

WHAT IS MARRIAGE?

In order to define marriage, you need to look at not only the historical period, but also on the geographical location and the cultural traditions of the individuals involved in the marriage relationship.

A general definition of marriage is that it is a social contract between two individuals that unites their lives legally, economically and emotionally.

A marriage, by definition, bestows rights and obligations on the married parties, and sometimes on relatives as well, being the sole mechanism for the creation of affinal ties (in-laws). These may include: • Giving a husband/wife or his/her family control over a spouse’s sexual services, labor, and property. • Giving a husband/wife responsibility for a spouse’s debts. • Giving a husband/wife visitation rights when his/her spouse is incarcerated or hospitalized. • Giving a husband/wife control over his/her spouse’s affairs when the spouse is incapacitated. • Establishing the second legal guardian of a parent’s child. • Establishing a joint fund of property for the benefit of children. • Establishing a relationship between the families of the spouses.

WHAT IS DIVORCE?

Divorce (or the dissolution of marriage) is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In most countries divorce requires the sanction of a court or other authority in a legal process.

Divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of Adultery, Cruelty, Desertion for two years, Conversion in religion, Unsound mind, Suffering from venereal disease and/or Leprosy has renounced the world not heard for 7 years no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, Husband guilty of rape, sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year.

MARRIAGE

Hindus are governed by Hindu Marriage Act, 1955 which provides for the conditions of a Hindu Marriage where under the bridegroom should be of 21 years and bride of 18 years, they both should be Hindus and should not be within the degree of prohibited relationship neither party should have a spouse living nor any party should be subject to recurrent attacks of insanity or epilepsy, either of them should not be suffering from mental disorders or should not be unfit for marriage and procreation of children and both should be of sound mind and capable of giving valuable consent.
Muslims are governed by their personal laws under which "Nikah" (i.e. marriage) is a contract and may be permanent or temporary and permits a man 4 wives if he treats all of them equally. To have a valid "Nikah" under the Muslim Law, presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence and hearing of two sane males or one sane male and two sane female adults, all Muslims and acceptance of the said proposals at the same time constitute a valid Nikah under the Muslim Personal Law.
For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law For Indian Christian there is a Indian Christian Marriage Act 1889. Persons of any religion who get married under the Special Marriage Act, 1954 are governed by the said act. There are certain penal provisions also in the Criminal Procedure Code providing for the maintenance of the wife and punishment for bigamy.

DIVORCE

India has different divorce laws for different religions. Almost all the religions has their own divorce laws in India which are used among themselves. There are separate laws for inter-cast or inter-religion marriages. Divorce laws in India for Hindus is described in Hindu Marriage Act, 1955. Hindu Marriage Act is also used for Sikhs, Buddhists and Jains as they don't have their own separate marriage and divorce laws. Here is the list of various divorce laws in India for various religions:

• Hindu (including Sikhs, Jains and Buddists) : Hindu Marriage Act, 1955 • Muslims : Dissolution of Muslim Marriages Act, 1939 • Christians : Indian Divorce Act, 1869 • Parsis : The Parsi Marriage and Divorce Act, 1936 • Inter-Cast of Inter-Religion : Special Marriage Act, 1954
Grounds For Divorce In India

In India divorce is granted mainly on 4 different grounds.

1. Desertion 2. Cruelty 3. Chronic Diseases

THE HINDU MARRIAGE ACT, 1955
The Hindu Marriage Act, which came into power on18 May 1955, governs all the Hindu marriages. The Act has reformed the Hindu law of marriage and covers entire India except the state of Jammu & Kashmir.

Applicability
Only if both the parties are Hindus can the marriage takes place under the Hindu marriage Act.

The Act applies to: • Any person who is Hindu, Buddhist, Jain or Sikh by religion. • Any person who is born to Hindu parents. • Any person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law.
The Act does not apply: • To persons who are Muslims, Christians, Parsis or Jews by religion. • To members of the scheduled tribes coming within the meaning of clause (25) of Article 366 of the Constitution of India unless the Central Government by notice otherwise directs.
A marriage to be valid has to fulfill the following conditions: 1. Neither party should have a spouse living at the time of marriage. The spouse does not include a divorced husband/ wife. 2. At the time of marriage, the parties should be capable of giving a valid consent to the marriage. A person who is of a sound mind shall be considered to be a person capable to give a valid consent. Neither party, though capable of giving a valid consent should be suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children. Neither party should be suffering from recurrent attacks of insanity or epilepsy. 3. The bridegroom should have attained the age of 21 years and the bride should have attained the age of 18 years at the time of marriage. 4. The parties should not be within the degrees of prohibited relationships, unless the customs or usage, permits such a marriage.
Two persons are said to be within the degrees of prohibited relationships: 1. If one is a lineal ascendant of the other. For example a Daughter cannot marry her father and grandfather. Similarly, a mother cannot marry her son or grandson. 2. If one was the wife or husband of a lineal ascendant or descendant of the other. For example, a son cannot marry his stepmother. Similarly, a person cannot marry his Daughter-in -Law or son -in-law. 3. If one was the wife of the brother or of the father's or mother's brother or the grandfather's or grandmother's brother of the other. 4. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages; in the absence of a custom in the community are not valid marriages. 5. A person cannot marry upto his second cousin from the mother's side and upto his fourth cousin from the side of the father. It is also necessary the parties should not be apindas of each other from either side.
In case, either party has a spouse living at the time of marriage, within the degree of prohibited relationship and are apindas of each other, the marriage between the parties shall be null and void.

Essential Ceremonies
A Hindu marriage can take place according to the customary rites and ceremonies.
The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadi before the sacred fire has been held essential for a valid Hindu Marriage.

Registration
The marriages solemnized may be registered under the Special Marriage Act with office of the registrar, in the Hindu Marriage Register.

Registration is not compulsory and in no way affects the validity of the marriage. It is entirely upto the parties to have the marriage registered.

No marriage can be registered unless the following conditions are fulfilled: • A ceremony of marriage has been performed between the parties and they have been living together as husband and wife. • Neither party has at the time of registration more than one spouse living. • Neither party is an idiot or lunatic at the time of registration. • The parties have completed the age of twenty one years at the time of registration • The parties are not within the degrees of prohibited relationship • The parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration. • On receiving the application signed by both the parties the Marriage Officer shall give public notice and after allowing 30 days for objections and on being satisfied that all the conditions are fulfilled he shall enter a certificate in the marriage certificate book, which shall be signed by the parties and three witnesses.
Voidable Marriages
Voidable marriages are those which are void at the option of the aggrieved party. Such marriages can be annulled by a decree of nullity on any of the following grounds: • That her husband exchanged professing Christianity and gone through a form of marriage with another woman, • That the marriage has not been consummated owing to the impotence of the Respondent. • That the marriage is been performed with a person of unsound mind or having a mental disorder or suffering from recurrent attacks of epilepsy • That the consent of the Petitioner or its Guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the Respondent. • To succeed on this ground, it is necessary that the Petition must be presented in the Court within one year after the force has ceased to operate or the fraud has been discovered. It is also necessary that after the force has ceased or fraud discovered, the Petitioner has not, with consent, lived with the other side. • That the Respondent was at the time of marriage pregnant by some person other than the Petitioner.
Divorce
Divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of Adultery, Cruelty, Desertion for two years, Conversion in religion, Unsound mind, Suffering from venereal disease and/or Leprosy has renounced the world not heard for 7 years no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, Husband guilty of rape, sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year. It does permit one spouse to separate if he/she is unhappy, despite the fact that marriage is held to be divine, if he/she can prove or identify the circumstances that have made the union untenable. Newly married couples cannot file a petition for divorce within one year of marriage.
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THE MUSLIM MARRIAGE ACT

The Muslim marriage is governed not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / 'Nikah' is a contract underlying a permanent relationship based on mutual consent.

Essential Features of Muslim Nikah
Only if both the parties are Hindus can the marriage take place under the Hindu marriage Act. • A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. • There can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence. • Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty. • The parties to a Muslim marriage may enter into any ante-nuptial or post-nuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract. • The terms of a marriage contract may also be altered within legal limits to suit individual cases. • Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract.
Requirements of Muslim Nikah
The solemnization of a Muslim marriage requires adherence to certain forms and formulas. They are called the essentials of a valid marriage. If any of these requirements is not fulfilled the marriage becomes either void or irregular, as the case may be. The essentials are as follows: • Proposal and Acceptance • Competent Parties • No legal Disability

There is absolute prohibition of marriage in case or relationship of consanguinity which means the relationship of the person through his/her father or mother on the ascending side, or through his or her own on the descending side.

Marriage among the persons related by affinity, i.e., through the wife is not permitted. Marriage with foster mother and other related through such foster mother is also void.

Relative Prohibitions • Unlawful conjunction • Marrying a fifth wife • Marrying a woman undergoing iddat • Marrying non-Muslim • Absence of proper witnesses • Woman contracting a second marriage during the subsistence of the first marriage.
The following marriages are also prohibited: • Marrying pregnant women • Marrying own divorced wife • Marrying during pilgrimage
Procedure for Muslim Nikah • According to Muslim Law it is absolutely necessary that a man or someone on his behalf and the woman or someone on her behalf should agree to the marriage at one meeting and the agreement should be witnessed by two adult witnesses. • The words conveying proposal and acceptance must be uttered in each other's presence or in the presence of their agents, who are called Vakils or Qazi. • There must be reciprocity between offer and acceptance. The acceptance must not be conditional. • Under the Sunni Law, the proposal and acceptance must be made in presence of two males or one male and two female witnesses who are sane, adult and Muslim. Under Shia Law, witnesses are not necessary at the time of marriage. They are required at the time of dissolution of marriage. • The parties contracting marriage must be acting under their free will and consent. • The law permits a Muslim man four wives if he treats all of them equally. Since it is one of the religious practices it is claimed to be immune from any legislative enactment.

Dower or Mahr Dower or mahr is an obligation imposed upon the husband at the time of the marriage as a mark of respect to the wife. It can be received by the wife by instituting an action as if it was a debt due to her. Dower can be in cash or in kind. It is divided into two parts one called 'prompt' payable at the time of marriage before the wife can be called upon to enter into conjugal domicile and the other 'deferred' to be discharged when the specified event occurs and on demand made by the wife. Till the dower is paid the widow has the right to retain possession of her husband's property.

Divorce

Muslim Marriage Act 1939 Muslim Marriage Act also has a provision for separation under the name of dissolution of Marriage act, 1939. Both the parties to the marriage contract have an opinion for divorce, but the husband’s right in this respect is much greater than that of the wife. In case of divorce a husband can leave his wife without any reasons merely by pronouncing the word "Talak" thrice. Like in Hindu marriage act, divorce can also take place due to mutual agreement between the husband and the wife, which is known as Mubarat. Khula is another way of ending a Muslim marriage, which is a form of divorce with the consent and at the initiative of the wife. The wife gives or agrees to give a consideration to the husband for her release from the marriage tie. In this form relieving the husband from payment of mahr to the wife may be a consideration.

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

1. That the whereabouts of the husband have not been known for a period of four years;

2. That the husband has neglected or has failed to provide for her maintenance for a period of two years;

3. That the husband has been sentenced to imprisonment for a period of seven years or upwards;

4. That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years.

5. That the husband was impotent at the time of the marriage and continues to be so;

6. That the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease.

7. That she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years.

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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
The Indian Christian Marriage Act, 1872, relates to solemnization of marriage of persons professing Christian religion. The Act provides that any marriage solemnized otherwise than in accordance with the Act shall be void.

Solemnization of Christian Marriage:
Under Section 5 of the Act Christian marriages can be solemnized by - • A person who has received episcopal ordination, • Any clergyman of the Church of Scotland, • Any Minister of Religion licensed under the Act, • A Marriage Registrar appointed under section 7 of the Act and • Any person licensed under section 9 to grant certificates of marriage.
Requirements:
Marriage under Christian Law is in the nature of contract and hence there should be a free and voluntary consent between the parties. When there is a minor, as defined in the Act, the consent of father or guardian is necessary. Marriage is not permissible between the parties who are within the prohibited degrees of relationship under section 19 of the Act. There is no legal impediment for marriage between a Catholic and a Protestant. By marriage, the husband and wife become one person, i.e., the legal existence of the women is incorporated and consolidated into that of the husband.

Divorce:
The law regarding divorce, judicial separation and allied matters is contained in the Indian Divorce Act, 1869. Under section 18 of the Act either spouse can seek divorce on the grounds contained in Section 19 which reads as follows:-

Section 19: Grounds for Decree of Divorce: 1. That the respondent was impotent at the time of marriage and institution of the suit, 2. That the parties are within the prohibited degree of consanguinity or affinity, 3. That either party was a lunatic or idiot at the time or marriage. 4. That the former husband or wife of either party was living at the time of marriage and the said marriage was then in force. 5. Nothing shall affect the jurisdiction of the High court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

THE PARSI MARRIAGE AND DIVORCE ACT, 1936
The Parsi Marriage and Divorce Act, 1936 governs the matrimonial relations of Parsis in India. The Act defines the word 'Parsi' as a Parsi Zoroastrian. A Zoroastrian is a person who professes the Zoroastrian religion. It has a racial significance. Every marriage as well as divorce under this Act is required to be registered in accordance with the procedure prescribed in the Act.

Requisites to Validity of Parsi Marriages
No Parsi marriage shall be valid if: 1. The contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in Schedule I; or 2. Such marriage is not solemnized according to the Parsi form of ceremony called "Ashirvad" by a priest in the presence of two Parsi witnesses other than such priest; or 3. In the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed 21 years of age, and if a female, has not completed 18 years of age. If a party to the marriage is under that age, the consent of the guardian should be obtained.
Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.

Certificate and Registry of Marriage:
Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule II. The certificate shall be signed by the said priest, the contracting parties and two witnesses present at the marriage; and the said priest shall thereupon send such certificate together with a fee of Rs 2/- paid by the husband, to the Registrar of the place at which such marriage is solemnized. The Registrar enters the certificate in a register kept for the purpose and the register is accepted as proof of the statements made therein.

Punishment of Bigamy
A Parsi marriage is monogamous. Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Indian Penal Code for the offense of marrying again during the lifetime of a husband or wife.

Parsi Marriage and Divorce (Amendment) Act, 1988
By the Parsi Marriage and Divorce (Amendment) Act, 1988 (5 of 1988), scope of certain provisions of the Parsi Marriage and Divorce Act, 1936 have been enlarged so as to bring them in line with the Hindu Marriage Act, 1955.

Valid Grounds for Filing for a Divorce

The Parsi Marriage and Divorce Act, 1936 has laid down the following grounds for filing a valid divorce petition:

• Willful non-consummation or impotency of a spouse • Unsound mind of a spouse, which was unknown to the other spouse before marriage • Desertion by a spouse for over three years • Imprisonment of a spouse for seven or more years, provided at least one year of the sentence has lapsed • Involvement of a spouse in bigamy, rape or any such offense • Physical or mental abuse by a spouse

Additionally, a Parsi couple can mutually consent for a divorce, by providing the requisite proof of marriage.

If a divorce is filed on these valid grounds, then the decree for divorce is passed by the court. The court thereupon sends a copy of the decree to the Registrar of Marriages that lies in its jurisdiction, who makes a formal record of the dissolution.

The Parsi Marriage and Divorce Act, 1936: Scope of Alimony

The Act recognizes the wife’s right to obtain alimony after the sanction of the divorce decree. The maximum amount of alimony, while a matrimonial lawsuit is pending in court, is one-fifth of the husband's net income. Once, the suit has been settled, the size of permanent maintenance is determined by the court, by taking into consideration the wife’s assets and the husband’s ability to pay. The order remains in force until the wife remains chaste or unmarried.

THE SPECIAL MARRIAGE ACT, 1954

The Special Marriage Act was enacted to provide a special form of marriage for any person in India and all Indian nationals in foreign countries irrespective of the religion or faith followed by either party to the marriage. The parties may observe any ceremonies for the solemnization of their marriage but certain formalities are prescribed before the marriage officer can register the marriage. For the good of the Indian citizens abroad, the act provides for the appointment of diplomatic and consular officers as marriage officers for solemnizing and registering marriages between citizens of India in a foreign country. The Act is applicable throughout the country except the state of Jammu and Kashmir.

Conditions for the Special Marriage Act are as follows:
The Act states that a marriage between two persons can be legalized, if the following conditions are satisfied at the time of marriage: • Neither of the two parties has a spouse living at the time of marriage. • Neither of the two is incapable of giving a valid consent to the marriage due to unsoundness of mind. • Neither of the party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriages and the procreation of children. • Neither party has been subject to recurrent attacks of epilepsy or insanity. • At the time of marriage the groom should be of 21 years of age and the bride should be of 18 years of age. • Both the parties are not within the degrees of prohibited relationship; provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship, and • Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.
Prohibited Relationship includes: 1. Relationship by half or uterine blood as well as by full blood; 2. Illegitimate blood relationship as well as legitimate; 3. Relationship by adoption as well as by blood;
And all terms of relationship in this Act shall be construed accordingly.

Notice of Intended Marriage
When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.

Marriage Notice Book and Publication 1. The marriage Officer shall keep all notices given under Section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. 2. The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office and before the expiration of 30 days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage. 3. Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.
Declaration by Parties and Witnesses
Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

Place and Form of Solemnization
The marriage maybe solemnized at the office of the Marriage Officer, or at such place within reasonable distance, as the parties may desire, upon payment of such additional fees as may be prescribed. The marriage may be solemnized in a form, which the parties may choose to adopt. However, No marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take thee________to be my lawful wife (or husband).

Certificate of Marriage
After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.

SECTIONS AND GROUNDS FOR MATRIMONIAL RELIEFS UNDER SPECIAL MARRIAGE ACT, 1954

NATAURE OF REMEDIES
|NATURE OF |RELEVANT PROVISIONS UNDER THE SPECIAL |
|REMEDY |MARRIAGE ACT, 1954 |
|1. Restitution |Section 22 |
|of Conjugal rights |Withdrawal from the |
| |Society of other spouse without reasonable |
| |excuse |
|2. Judicial Separation |Section 23 |
| |On all the grounds of divorce U/s 27 (1) |
| |and 27 (1-A) (See the grounds under the divorce column |
| |bellow) |
|3. Nullity & Annulment |Section 24 and 25 |
| |Has a spouse living at the time of marriage. |
| |Unsoundness of mind. |
| |Mental disorder. |
| |Insanity. |
| |Male not completed the age of 21 years. Female not completed the age |
| |of 18 years. |
| |Parties are within the degrees of prohibited relationship. |
| |Non consummation of marriage. |
| |Pregnant at the time of the marriage by some other person other than |
| |husband. |
| |Consent was obtained by coercion or |
| |fraud. |
|4. Divorce by Mutual consent |Section |
| |28 |
| |Parties living separately for one year and upwards and they |
| |have not been able to the together and they mutually agreed to dissolve |
| |the marriage. |
|5. Divorce |Section 27 |
| |Adultery (S 27(1) (a) |
| |Desertion for a period of 2 years (S27 (1)(b) without reasonable |
| |cause |
| |Undergoing a sentence of imprisonment for 7 years or more (S27 |
| |(1)(c) |
| |Cruelty (S27 (1)(d) |
| |Unsound mind and mental disorder (S 27(1) (e) |
| |Suffering from venereal disease (S 27(1) (f) |
| |Suffering from leprosy (S 27(1) (g) |
| |Not heard of being living for 7 years (S 27(1) |
| |(h) |
| |Petition by wife only |
| |Husband being guilty of rape, sodomy or bestiality (S 27 (1-A) |
| |(i) |
| |Wife receiving maintenance when cohabitation not resumed for one |
| |year or upwards (S 27(1-A) (ii) |
| |No resumption of cohabitation for one year or upwards after the |
| |decree of judicial separations (S 27(2) (i) |
| |No restitution of conjugal rights for one year or more after the |
| |decree of restitution of conjugal rights (S 27(2) |
| |(ii) |

Conclusion

The Hindu marriage act 1955 states that a marriage is void if either one is not a Hindu, has a spouse living at the time of marriage, if either is an idiot or lunatic, not of legal age, parties are within the decree of prohibited relationship or where the bride is not a major and the guardians consent has been gained for the marriage.

The Divorce act 1869 states that the marriage is unsuccessful any spouse has been guilty of incestuous adultery, or of bigamy with adultery or of rape or being of unsound mind for a period of at least two years, or change in religion or gone through a form of marriage with another woman etc

All of the acts that we have mentioned above have their own specifications and requirements. Marriage and Divorce both have various acts through which the law makes sure that both are done lawfully. The purpose of these acts is to make sure that both husband and wife are married and there is no cheating done by either one. The laws for marriage and divorce are intended for the good of citizens of the country. The divorce act is meant to give relief to the petitioner from his/her marriage due to it being unsuccessful various reasons. As we can see all of these acts have been made for very good reasons and all these acts have been used to make sure marriage and divorce occur in a safe environment and for a legitimate reason.

BIBLIOGRAPHY

✓ JURIST CHAMBERS ✓ Mr. K.S. Jain(Advocate, Bombay high court) ✓ http://mynation.net/docs/special-marriage-act/ ✓ http://www.surfindia.com/matrimonials/hindu-marriage-acts.html ✓ http://www.surfindia.com/matrimonials/christian-marriage-acts.html ✓ http://weddings.iloveindia.com/indian-weddings/marriage-laws-in-india.html ✓ http://society.indianetzone.com/weddings/1/muslim_marriage_act.htm ✓ http://www.sudhirlaw.com/Marriages.html ✓ http://www.sudhirlaw.com/INTMAR.HTM ✓ http://www.surfindia.com/matrimonials/muslim-marriage-acts.html