Hindu marriage is a Sanskar or a sacred ritual performed. Marriage a bond which unites two people together. Institution of Hindu marriage has been very strong from very beginning and there is no reference of promiscus society in Veda. Marriage has been considered as an indissoluble union between a man and women not only during this life but also for all lives to come. Marriage of a Hindu couple is not only a union of a man and women but is considered as a sacrament. Marriage has been placed one of the sixteen sanskara of a Hindu. Sanskara is a socio religious rites by performance of which life of present Hindu is sanctified.
Too many people think that doing their own divorce means filling out some forms and maybe getting their spouse to sign an agreement.
Family Courts in India is influenced by jurisdictions of countries like China, USA and England. The Family Courts' main purpose is to assist the smooth and effective disposal of cases relating to family matters.
Irretrievable Breakdown of Marriage
This concept was first introduced in New Zealand. The Divorce and Matrimonial Causes Amendment Act, 1920 included for the first time the provision for separation agreement for three or more years was a ground for making petition to the court for divorce and the court was discretion whether to grant divorce or not
Void and Voidable Marriage
Law Governing Void and Voidable Marriages: A void marriage as par Hindu marriage act is one that requires no formality to terminate, as it was invalid from the very beginning as it did not follow the strict grounds of a valid marriage as prescribed in the act.
Nullification of Marriage - An Annulled Marriage: annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.
Adultery law: Adultery is defined as a voluntary sexual intercourse by a married person with a partner other than his/her spouse.
Adultery: The dying voices analyzing and criticizing every aspect of the law have risen again. The insistence of the National commission.
Adultery in India - A ground for Divorce: In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation.
DNA Test: Adultery as a Ground for Divorce: In 1980s court was of the strict opinion that DNA testing hampers the privacy between the parties to the marriage, and was not relied upon. The conclusive proof of legitimacy of a child born during the continuance of a valid marriage was significantly analysed under section 112 of the Evidence Act and was based on the maxim “pater est quem numtioe demonstrant”, meaning thereby “the father is he, whom the nuptials indicate”.
Maintenance for wife and Dependent Children
Maintenance - Hindu, Muslim, Christian And Parsi Laws: Under Hindu Law, the wife has an absolute right to claim maintenance from her husband.
Right of Hindu Wife To Maintenance Under Hindu Adoption and Maintenance Act:
“Half of the Indian populations too are women. Women have always been discriminated against and have suffered and are suffering discrimination in silence. Self-sacrifice and self denial are their nobility and fortitude and yet they have been subjected to all inequalities, indignities, and discrimination”. --Justice K.Rama Swamy in Madhu Kishwar vs. State of Bihar.
Maintenance for wife and children: final and interim
Child Custody laws
# Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
# Section 38 of the Special Marriage Act, 1954 deals with Custody of Children (Court marriage or couple from different faith)
# Section 41 of the Divorce Act, 1869 deals with Custody of Children for couple following Christian faith
# Section 43. Power to make orders as to custody of children in suits for dissolution of nullity.