MARRIAGE

The Legal age permitting Marriage between a Men and Women are 21 for Men and 18 for Women. The parties should not be a part of a prohibited relationship, defined under Section 5(4) of the Act. There is Hindu Marriage act, Muslim Marriage Act, Christian Marriage Act, Parsi Marriage Act and Special Marriage Act followed in India. India mandated the compulsory registration of marriages in the country and directed the government to ensure the same.

CONTESTED DIVORCE
  • CRUELTY
  • DISEASE
  • RENUNCIATION
  • PRESUMPTION OF DEATH
  • LEPROSY
  • INSANITY
  • CONVERSION
  • VENERABLE DIEASEASE
  • ADULTERY
MUTUAL CONSENT DIVORCE

When both the parties to the Marriage i.e. Husband and Wife mutually agree on consensus terms to dissolve the Marriage, the divorce is termed a ‘Mutual Consent Divorce’. Here, both the parties need to readily and mutually agree to divorce proceedings. Maintenance and Child custody are the common points of disagreement in a such a divorce.

ADOPTION

Men can adopt if they have the consent of their Wife or of all of their Wives. The only way of getting around obtaining the permission of the wife or of the wives is if she or if they are unsound, if they have died, if they have completely and finally renounced the world, and if they have ceased to be a Hindu. Men who are unmarried can adopt as well as long as they are not a minor. However, if a Man were to adopt a Daughter, the Man must be Twenty-One years of age or older.
Only unmarried Hindu Women can Legally adopt a Child. A Married Woman can only give her consent to adoption by her Husband. A Married Woman whose husband adopts a child is to be considered the mother. If the child is adopted and there are more than one wife living in the household, then the senior wife is classified as the legal mother of the adopted child.

MAINTENANCE

Hindu Marriage Act provides the Rights, Liabilities and Obligations arising from a Marriage between two Hindus. Sections 24 and 25 make provisions for providing maintenance to a party who has no independent income sufficient for his or her support and necessary expenses. This is a Gender-Neutral Provision, where either the wife or the husband may claim maintenance. The pre-requisite is that the applicant did not have independent income which is sufficient for his or her support during the pendency of the lis. There are other two sections under which the maintenance is provided those are section 23 of The Protection of Women from Domestic Violence Act 2005 and section 125 CRPC.

DOMESTIC VIOLENCE

The Protection of Women from Domestic Violence Act 2005 is a parliamentary act which was enacted to protect the women from domestic violence which came into force by 26 October 2006. This Act provides for the first-time definition of ‘Domestic Violence’ making the purview of violence broad by including not only the physical but also Emotional, Verbal, Sexual and Economic abuse. This is a Civil Law for protection orders and not meant to be applied criminally. The Domestic Violence Act is an act which provides for more effective protection of the rights of Women guaranteed under the constitution who are victims of any sort of violence within the Family and matters connected therewith or incidental thereto.