BUSINESS LAW PROJECT
TOPIC: MARRIAGE AND DIVORCE
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):
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,...
Bibliography: ✓ JURIST CHAMBERS
✓ Mr. K.S. Jain(Advocate, Bombay high court)
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