All About Court Marriage in India

Unlike typical Indian weddings, court marriages are solemnised in conformity with the Special Marriage Act, 1954 (referred to as 'the act'). The court marriage occurs or is solemnised in the presence of a Marriage Officer and three witnesses in the court. These marriages may not have to add more complex customary or ceremonial stages of the partners' laws. Marrying in the presence of a marriage official in compliance with the statute makes it a lawful marriage. Conditions for Court Marriage Section 4 of the Special Marriage Act specifies the judicial m...

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Family Law & Divorce

Restitution of Conjugal Rights

Marriage has a vital role in human life and obligates the husband and wife to certain responsibilities. Husband and wife are presumed to live together and have the duty to comfort each other. Oxford English Dictionary defines 'Conjugal' as a term that relates to marriage. In a literary sense, conjugal rights mean the right of husband and wife to stay together. Restitution of Conjugal Rights is the right of one spouse to restore the marital relationship if the other spouse has withdrawn from the relationship without giving sufficient cause. In simple te...

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Family Law & Divorce

Nullity of Marriage under Hindu Law

Marriage is the union of two people—husband and wife, accepted and acknowledged by society and religion. Marriage is a religious rite that is described as a contract between a man and a woman to live life together as husband and wife. Marriage is also a legal status in India under several personal laws, such as the Hindu Marriage Act of 1955, the Parsi Marriage and Divorce Act of 1936, and the Indian Christian Marriage Act of 1872. For marriages not covered under the previous laws and interfaith marriages, the Special Marriage Act of 1954 was promulg...

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Family Law & Divorce

Judicial Separation in India

A marriage ceremony is one of India's most sacred agreements between a man and woman. Personal laws govern marriage, divorce, inheritance, and succession in India. These personal rules have their origins in numerous faiths, and personal laws have a long history in India. As a result, the religion we are born in decides our rights as Indian citizens. It provides the right to divorce from the spouse, and the numerous grounds for separation are based on respective personal laws used to solemnise the marriage. The Hindu Marriage Act of 1955 now governs Hin...

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Family Law & Divorce

Name Change After Marriage

Marriage is a life-changing choice. Marriage imposes obligations on both the husband and the wife. However, a woman alters her name in addition to leaving her parents' house and moving in with the husband's family. By Indian law, no one needs to opt for a name change after marriage, and it is entirely up to the parties. Changing one's name is a straightforward process, and all states also share it. Before proceeding, remember that the law enables a person to alter their name only once in their lifetime. So, before making such a decision, one must be pa...

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Family Law & Divorce

Benefits to Senior Citizens in India

In a country, meeting senior citizens' requirements for services and social protection should be prioritised. Furthermore, their rights should be protected and they should be allowed them to participate in the development process. The proportion of elderly citizens in India's population has increased, and this trend is projected to continue. As per United Nations Population Fund (UNFPA) report from 2017, roughly 12.5 % of India's population will be 60 or older by 2030. Articles 41 and 46 of the Constitution prevent weaker sections of society, including...

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Family Law & Divorce

How to choose a good divorce lawyer

What does a divorce lawyer do? A divorce can be a long, painful, and complicated process. A divorce lawyer can help you navigate tedious court procedures and paperwork to grant you divorce as quickly as possible. Many people are confused about how to choose a good divorce lawyer and what services will be rendered by these lawyers. Based on the details, lawyers devise the best strategy to handle your case and inform you of your divorce options. When your lawyers have everything they need to begin your case, they will hand you the necessary paperwork. T...

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Family Law & Divorce

Children Education Allowance Explained

The Income Tax Department has introduced various tax benefit schemes to promote the education and literacy benefits for citizens. Schemes reduce taxable income and tax payable. The Indian government has allowed tax exemption on the tuition fee paid. In some industries, the deduction of education fees is incorporated in the salary structure. The government pays educational expenses of the government employees from the Children Education Allowance. The Central Pay Commission, established to provide rules for salaries and other payments to government emplo...

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Proposal to Modify the Legal Age of Marriage in India

Supported by the Child Marriage Restraint Act and the Special Marriage Act, 1954, and the Prohibition of Child Marriage Act, 2006, the proposal to increase the age of marriage for women from 18 to 21 has been tabled by the cabinet in India. On the 74th anniversary of India's independence, Prime Minister Narendra Modi stated that based on a suggestion from a committee made by the Union Ministry of Women and Child Development, the government is considering increasing the minimum age of marriage for girls. The explanation can be explained as the evolution ...

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How to Adopt a Child in India: Process and Laws

Adoption is a process of rearing a child and bringing it up as one's own. In India, adoption is the process of establishing a person who is not the child's real parent as a parent. Adoption is a social, legal, and emotional process through which a child is not raised by birth parents but by his legal parents or foster parents. The adopted child receives all the privileges, rights, and responsibilities of adoptive parents. In India, child adoption has been observed since ancient India. However, the trend of adopting a child is increasing. Child adoption...

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Family Law & Divorce