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Divorce Laws in India Revisited

The recognition of the legal or formal union of two people as partners in a personal relationship is marriage and when a marriage is legally or formally ended the legal or formal ending of a marriage is divorce.Couples going through divorce are quite perturbed by the ensuing events during and aftermath of a divorce. The entire separation procedure beginning with having to deal with emotional trauma to contesting in the blasted courts to get a divorce decree is undoubtedly a traumatic event and for one to overcome and recover may take a very long time. Nonetheless, with laws and social awareness progressing, it has resulted in the simplification of the divorce process in India aiding couples to get relief from rocky relationships. In India, both marriage and divorce take place according to personal laws and personal laws are aligned to the people’s religion. Marriage and divorce would be according to the Hindu Marriage Act, 1955 for Hindus, Buddhists, Sikhs, and Jains while The Muslim, Christian, and Parsi communities, on the other hand, have separate laws for marriage and divorce. Marriage and divorce for couples who belong to various communities and castes are according to the Special Marriage Act, 1956 while divorce laws in marriages where either spouse is of a different nationality The Foreign Marriage Act, 1969, is the applicable law.MUTUAL CONSENT DIVORCEIn cases where both the husband and the wife are willing to dissolve their marriage, they do have the option of filing for mutual consent divorce. Once each of the spouses grants their mutual consent on separating peacefully and amicably there is no other legal way of the annulment of the marriage. The only other two points to agree on are maintenance or alimony and child custody. According to the law, there isn’t any minimum to maximum range fixed for maintenance or alimony. The maintenance or alimony amount can be mutually fixed among the parties. Who gets custody of the child depends on the mutual understanding of the couples as couples may exclusively or jointly take custody of the child. According to Section- 13 (B) of the Hindu Marriage Act the parties can look for mutual consent divorce with the filing of a petition before the family court.Suggested Read: https://www.vidhikarya.com/legal-blog/How-to-File-for-Mutual-Consent-Divorce-Step-by-Step-Divorce-ProcedureCONTESTED DIVORCEWhen it comes to contested divorce, prior to filing a petition certain specific criteria need to be fulfilled prior to a petition being filed.Suggested Read: https://www.vidhikarya.com/legal-blog/Divorce-Law-in-India--Know-Your-Legal-RightsWhat are the provisions relating to child custody?Courts usually honor the parent’s decision in a mutual consent divorce, nonetheless the courts ought to look after the child’s best interests. As and when a divorce proceeding is contested, the courts analyze the parent’s ability to take custody of the child. Money, for example, isn’t the most vital factor under consideration. Stay-at-home moms often get child custody; the expectation being that the father would provide financial alms.BASIS OF VOID MARRIAGESMust Read: https://www.vidhikarya.com/legal-blog/Divorce-Law-in-India--Know-Your-Legal-RightsClick here to consult with expert divorce lawyers registered on Vidhikarya.

Posted By

Avik Chakravorty

9 hours ago

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Adoption Hitches

Adoption these days is no big deal as the adopted child hardly ever wants to know who his /her biological parents is. It’s an agonizingly trying time during this period of life which is most crucial for any adoptive parent. However, the fact of the matter is that numerous issues crop up in the tender child’s mind as and when they realize that they are adopted.  Although an adopted child has the right to tracing one’s own identity and look for his/her birth parents once the child is 18 years old, the burning question though is whether he/she would be elated after tracing them.The other questions at the forefront are whether one would easily accept one’s birth parents and deny the affection of foster parents. The child may feel guilty which in turn may lead to grief which may be evident in the child’s entire life further resulting in the child falling prey to emotional trauma and being mentally unstable knowingly or unknowingly. This leads to the burning question of whether or not these hardships and pain areas can be alleviated or even avoided. While adoption is regarded as a noble cause of a lease of life to deprived kids who are lonely; there are umpteen cases of legally adopted young kids being misused and abused by self-serving antisocial elements once the kids are under their control. The adoption process in India is far more complicated with several laws, rules, and regulations for parents in regards to their age, which should not cross 55, but unfortunately there is no age criteria alluded to anywhere for children. As children’s rights are a hot topic of discussion, it only makes sense and is right to be able to think to form a child’s viewpoint and fix an age over 5 in order for the child to choose which adoptive parent the child wants to live with. Needless to mention the child would be absolutely aware from the very beginning that the child’s parents are adoptive parents and not birth parents. There cannot be any room for confusion to arise as parents cannot fake the identity of their kids with fake stories nor look for ways to ensure that facts are hidden, rather they can speak to the kids freely and frankly devoid of guilt, with the same feelings and warmth towards their kids remaining intact. Children would also understand how valuable adoption is as well, and would be full of gratitude for their foster parents and would hopefully have a great future being aware of the reality as there will hardly be any embarrassing situations to deal with in public. Even if they happen to know or meet their birth parents there won’t be any major concerns of both sides rejecting.Click here to consult with the registered expert adoption lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

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Bibaswan Mukherjee

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: Lawyer

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: District judges' Court at Barasat and High Court at Calcutta

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: West Bengal, North 24 Parganas

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: West Bengal

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Hello, I am an Advocate mainly dealing with Civil cases, Matrimonial disputes, registration matters, land disputes, real estate, intellectual property right, consumer disputes, etc.

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District judges' Court at Barasat and High Court at Calcutta

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LL.B

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