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Showing posts from May, 2021

DIVORCE BY MUTUAL CONSENT - PROCEDURES IN COURT

  Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus.   Mutual Consent Divorce between Hindu Couple is governed by The Hindu Marriage Act, 1955, under Section l3B.Mutual Consent Divorce in case of Court marriage is governed by The Special Marriage Act, 1954 under Section 28.Mutual Consent Divorce in case of Christian Couple is governed by The Divorce Act, 1869, under Section 10 A.   When can the divorce by mutual consent be filed? The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.   Divorc

LIVE IN RELATIONSHIP IN INDIA - A LEGAL STUDY

  Marriage is a sacred or contractual relationship in India. It is a union of two individuals as spouses and is recognized by livable continuity. More particularly says that marriage, as its legal consequences, entitles both the persons to cohabit; the children born out of a legal wedlock have legitimacy as legal heir; the wife is entitled to maintenance during and after the dissolution of marriage. It is a living arrangement. It is “an arrangement of living under which the couples which are unmarried live together to conduct a long-going relationship similarly as in marriage"   WHAT IS LIVE IN RELATIONSHIP In Indian society, marriage is still considered as sacramental and eternal union and is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them. The ritual of marriage is not merely a social contract but also establishes a bond of fate which binds a family together and lays down grounds for the future generation. The mar