DIVORCE LAW
The Hindu marriage act, 1955 (25 of 1955), became law on the 18th may, 1955. it applies to all Hindus, Buddhists, Jainas or Sikhs. It applies also to all other persons who are not Muslims, Christians, Parsis or Jews unless they establish that they were not governed by Hindu law, custom or usage prior to the act.
Since the passing of the Hindu marriage act, various suggestions for amending the same as well as the special marriage act, 1954, were received from some members of parliament and the general public. The special marriage act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. The law commission was requested to examine the matter and they have presented the fifth-ninth report which contains their recommendations. The bill seeks to amend both the acts aforesaid so as to implement, with necessary modifications, the recommendations contained in that report.
The committee on status of women in India have generally supported the amendments proposed by the law commission and suggested, inter alia, the incorporation of a suitable provision for mutual consent in the Hindu marriage act more or less on the lines of a provision in that behalf in section 28 of the special marriage act. It is, however, felt that when once the parties have chosen to move the court for divorce by mutual consent, it is not necessary to make them wait for a further period of one year to obtain relief. This period of waiting is, therefore, proposed to be reduced from one year to six months. The committee has further suggested that having regard to the frequent violations of the provisions of the child marriage restraint act, it is necessary to provide in the Hindu marriage act a suitable provision conferring the right of repudiation of girls who are subject to such marriages, whether the marriage was consummated or not. The right of repudiation is proposed to be conferred on such girls subject to their exercising the same before attainting the age of 18 years.
To avoid multiplicity of litigation and consequent delay, it is also proposed to apply the amended law in relation to all pending proceedings under the relevant acts. Notes on clauses appended to the bill indicate the changes proposed to the statutes. The objects of the legislation are mainly, (1) to liberlise the provision relating to divorce; (2) to enable expenditious disposal of proceedings under the act; and (3) to remove certain anomalies and handicaps that have come to light after the passing of the acts.
We Indian juris deals in the certain laws and acts mentioned under bellow:
SPECIAL MARRIAGE ACT, 1954
FOREIGN MARRIAGE ACT, 1969
SUCCESSION ACT, 1925 (RELEVANT PROVISIONS)
HINDU MARRIAGE ACT, 1955
HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
ANAND MARRIAGE ACT, 1909
ARYA MARRIAGE VALIDATION ACT, 1937
HINDU MARRIAGE (VALIDATION OF PROCEEDINGS) ACT, 1960
HINDU SUCCESSION ACT, 1956
HINDU MINORITY AND GUARDIANSHIP ACT, 1956
DIVORCE ACT, 1869
CHRISTAIN MARRIAGE ACT, 1872
MARRIAGE VALIDATION ACT, 1892
DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939
MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986
MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) RULES, 1986
MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937
PARSI MARRIAGE AND DIVORCE ACT, 1936
INDIAN PENAL CODE, 1860 (RELEVANT PROVISIONS)
DOWRY PROHIBITION ACT, 1961
DOWRY PROHIBITION ( MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIGEROOM) RULES, 1985
CHILD MARRIAGE RESTRAINT ACT, 1929
PROHIBITION OF CHILD MARRIAGE ACT, 2006
FAMILY COURTS ACT, 1984
CODE OF CRIMINAL PROCEDURE, 1973 (MAINTENANCE PROVISIONS UNDER SEC. 125)
We also handling the matter related to family law as under:
ENROLMENT OF MARRIAGE
MUTUAL DIVORCE WITH CONSENT
DIVORCE ON CRUELTY GROUND
CHILD CUSTODY IN DIVORCE CASE
DIVORCE ALIMONY
CONTESTED DIVORCE
FOREIGN DIVORCE DECREE ENFORCEMENT BY INDIAN COURTS
EXECUTION OF DECREE OF DIVORCE
CANCELLATION IN INTERNATIONAL DIVORCE/ FAMILY LAW
MAINTENANCE IN DIVORCE PROCEEDING
CONSULTANCY IN FAMILY LAW
DIVORCE TRANSFER PETITION IN SUPREME COURT OF INDIA
DIVORCE APPEAL PETITION IN HIGH COURT
CONJUGAL RIGHTS CASES
MAINTENANCE FOR WIFE, CHILD AND PARENTS UNDER SECTION 125
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