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Thursday, 4 August 2011

Frequently Asked Questions about Divorce Procedures in India

Personal Laws of Marriage and Divorce in India

India is a land of many cultures and religions. Each citizen of India is entitled to have his own personal laws in the matter of marriage and divorce.
There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act.
In case of the Hindus, Sikhs, Jains and Buddhists, they are governed by the Hindu Marriage Act, 1955, which provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.
Divorce under the Hindu Marriage Act 1955 can be obtained on the various grounds.
Muslims also have their own personal law, which states that Nikah or marriage is a contract and may be permanent or temporary and permits a man four wives if he treats all of them equally.
Similarly for the 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.

Q: Is a divorce degree given by a court in the USA recognized in India?
A: This is a complicated legal question and it requires proper legal advice. Therefore, please seek proper legal advice for this question.

Marriage in India under the Special Marriage Act

The Indian Special Marriage Act 1954 permits marriages between persons who are not of the same community or who have different religions or nationalities. The scope of the Act includes the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.
The groom must be at least 21 years old, while the bride must be at least 18 years of age. Both parties should have full mental capacity and not be currently married. Parties to the marriage must provide notice of their intention to solemnize the marriage before a marriage officer in the district where at least one of the parties has resided for at least 30 days prior to the notice. Notice of the intended marriage is entered into the Marriages Notice Book, which is open for public inspection with an inspection fee. The public has the right to object to the marriage for the following 30 days. Any objections must be investigated and resolved within an additional 30 days.

Prior to the solemnization of the marriage, the parties and three witnesses must sign a declaration in front of a marriage officer, who will also sign the document. The marriage may be solemnized in any form that the parties wish to adopt as long as the solemnization occurs at the marriage officer's office or any place that the marriage officer sanctions. The marriage must include the exchange of the following statement: "I (name of self) take you (name of partner) to be my lawful (wife or husband)." After the solemnization, the marriage officer will enter the certificate in the Marriage Certificate Book. The parties and the three witnesses must sign the certificate. The entry of the certificate in the book is deemed conclusive evidence of a lawful marriage.

Any marriage in India may be registered under this Act. The parties must jointly apply for the marriage registration. After 30 days of notice to the public, the marriage officer will enter the certificate into the Marriage Certificate Book. The spouses and three witnesses must sign the certificate.

States of India:
Andhra Pradesh • Arunachal Pradesh • Assam • Bihar • Chhattisgarh • Goa • Gujarat • Haryana • Himachal Pradesh • Jammu and Kashmir • Jharkhand • Karnataka • Kerala • Madhya Pradesh • Maharashtra • Manipur • Meghalaya • Mizoram • Nagaland • Orissa • Punjab • Rajasthan • Sikkim • Tamil Nadu • Tripura • Uttaranchal • Uttar Pradesh • West Bengal

Union territories in India:
Andaman and Nicobar Islands • Chandigarh • Dadra and Nagar Haveli • National Capital Territory of Delhi • Daman and Diu • Lakshadweep • Pondicherry

Registration of Marriage in India

A marriage in India is required to be registered in most of the cases. The state governments have or are planning to make the registration of marriage compulsory in all the cases. A marriage certificate is also required in most cases for visa purposes.
Moreover, the Indian Special Marriage Act, 1954, which applies to all citizens irrespective of their religion, requires the registration of marriages by a marriage officer.

The Indian Christian Marriage Act, 1872, makes the registration compulsory, as it provides for entry in a marriage register kept in the Church soon after the marriage ceremony along with the signatures of the bride and bridegroom.

The Hindu Marriage Act, 1955, certain provisions exist for the registration of the marriages, but it had been left to the discretion of the families of the bride and bridegroom to either solemnize the marriage before a registrar or register it after the ceremony in traditional way. The non-registration of a marriage does not invalidate it under the Hindu Marriage Act.

The Parsi Marriage and Divorce Act, 1936, makes the registration compulsory.

Major Cities of India:
Agra Ahmedabad Ajmer Allahabad Amritsar
Aurangabad Bangalore Bharatpur Bhopal Bikaner Calicut Chandigarh Chennai Cochin Coimbatore Darjeeling Dehradun Dharamsala Gurgaon Gwalior Haridwar Hoshiarpur Hyderabad Indore Jaipur Jaisalmer Jalandhar Jodhpur Kanchipuram Kaporthala Kodaikanal Kolkata Ladakh Lucknow Ludhiana Madurai Manali Mumbai Munnar Mysore Nainital Ooty Patiala Pune Pushkar Shimla Trivandrum Udaipur Varanasi

Registering of Marriage will be made Compulsory in India

Recently, the Supreme Court of India gave the final deadline to the states and Union Territories to frame laws to make the registration of marriages compulsory, as a majority of them have failed to comply with its earlier order of February 2006 in this regard.

Fast-track Registration of NRI Marriages in Chandigarh

Recently-married NRI Hindu couples from the city of Chandigarh will not have to wait for two long months to get their marriages registered. In 2006, UT deputy commissioner issued directions to register the wedding of such NRI couples under Hindu Marriage Act (HMA). Till now, NRI marriages were being registered under the Special Marriage Act (SMA).

The order is applicable to city of Chandigarh only. Earlier it was interpreted that the Hindus living abroad were not covered under HMA. Now after going through the a recent Kerala High Court verdict in 'Vinaya Nair v. Corporation of Kochi' case, the issue has been re-examined.

Under SMA, both the parties can be of any religion or region. The couple must be of legal age with having completed one month as husband and wife. After they submit their application for registration, a notice is published whereby a time of 30 days is given to parties to file their objections, if any, to the marriage. So the registration takes a period of two months. However, in case of HMA a couple can get their marriage registered the very next day."
The Kerala High Court there has taken a broader view as far as 'domicile' part of parties is concerned. If both the parties are Hindu and marriage has taken place in India according to Hindu rites, the registrar should take a wider perspective of things. Registration cannot be denied on the grounds that the party is not domicile of India."

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No legal advice is intended in the statements contained herein. The information contained herein is provided for general information only and may not be accurate at the time of marriage in a particular case or location. Proper legal advise should be taken where required.

Frequently Asked Questions about Divorce Procedures in India

Q: I have filed for a divorce petition in the USA. Is the divorce judgment given by a USA court enforceable in India?