FAMILY LAWS
REGISTRATION OF MARRIAGE
The marriage laws in India are also different from one religion to the other. However, the marriages are solemnized through religious marriage ceremonies or through Civil Law Marriages. The laws that are primarily govern the marriages in Indian for different religion are the Hindu Marriage Act,1955, Mohammedans marriage laws, Special Marriage Act, 1954, Indian Christian Marriage Act, 1872, The Parsi Marriage and Divorce Act, 1936
The Hindu Marriage Act,1955 govern the marriages of Hindu, Sikh, Jain or Buddhist.
The Mohammedans marriage laws govern the marriages between Indian muslims.
The Indian Christian marriage Act, 1872 governs the marriage between Indian Christians only.
The Parsi Marriage and Divorce Act, 1936 governs the matrimonial relations of Parsis/ Zoroastrian in India.
However those who do not wish to have their marriage solemnised through Religious ceremonies as provided under the above Acts may go for Civil marriage ceremony under the Special Marriage Act,1954.
Every Non Resident Indian, Person of Indian Origin or a Foreigner may choose either of the way to solemnize his/her marriage.
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DIVORCE
The divorce in India for Hindus, including Buddhists, Sikhs and Jains, are governed by the Hindu Marriage Act, 1955; Christians by the Indian Divorce Act, 1869; Parsis by the Parsi Marriage and Divorce Act, 1936; and Muslims by the Dissolution of Muslim Marriages Act, 1939. A dissolution of marriage solemnized under civil marriages and inter-community marriages are governed by the Special Marriage Act, 1956.
Other community specific legislation includes the Native Converts' Marriage Dissolution Act, 1866 that allows a Hindu to appeal for a divorce if a spouse converts to Christianity.
A decree of divorce may be granted by the court on the following grounds:
- Adultery
- Cruelty
- Desertion
- Impotency
- Chronic Disease
However, when both husband and wife feels that it is not possible for them to live together may apply to the court for grant of Divorce more commonly known as Mutual Consent Divorce.
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