Divorce always means the termination of any marriage. All countries has different laws of divorce. In few countries some laws for divorce are almost similar. Few countries the divorce is considered illegal.
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:
- ANNULMENT OF MARRIAGE/NULLITY
- 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 OF CR.P.C.
- FOREIGN CHILD CUSTODY MATTERS.