Matrimonial and Family Laws

Registration of Marriage

Marriage is registered under different statutes such as the Hindu marriage act, Muslim marriage act and special marriage act. Marriage registration entitles the spouses with specific rights and duties which they are supposed to perform. Without proper registration of marriage, one of the spouses can deny performing the obligations at any time. So marriage registration is a must.

There are some specific criteria list which the two parties who are intending to get married must cater to. Here are some major eligibility criteria for marriage registration in India.

• When it is the case of registration of marriage under the Hindu Marriage Act, both the spouses need to be Hindu by origin.
• Marriage registration under the Special Marriage Act, 1954 will not solemnize the marriage with common Hindu rituals. And in that scenario, either of the parties needs to be Indian.
• When it is court marriage between Indian resident and foreigner, the marriage will be registered under the Special Marriage Act, one of the spouses needs to be Indian.
• The bridegroom must have attained the age of 21 years and bride of 18 years.
• Marriage can be registered either in the district of residence of bride or the bridegroom.
• Both the parties need to be of sound mind.
• Consent of both parties is mandatory.
• None of the parties must be in a valid marriage already.
• Degree of the prohibited relationship must be kept into consideration.

Documents Required for Registration of Marriage in Chandigarh

After complying all the eligibility requirements, now it’s time to be ready with all the documents. For this legal paperwork, certain documents are required. To register a marriage one requires the following documents:-

• Name and Age proof documents i.e., a medical certificate with DOB, PAN card, Aadhar card, birth certificate (of bride and bridegroom).
• Address proof documents i.e., ration card, voter ID, passport, or bill payments.
• Two passport size photograph of both partners.
• Amicably signed the application by both the parties.
• If any party is divorcee then copy of the divorce decree stating the single status.
• Death certificate in case of remarriage of widow or widower.
• For a Foreign national it is required that the foreign national must submit a document stating its marital status.

Who can Attest the Court Marriage Application when the Applicant is Illiterate?

• An MP (Member of Parliament)
• A Gaon Burah.
• A Magistrate
• Government Servant (receiving salary not less than Rs 5,000)
• Government Pensioner (receiving pension not less than Rs 3,500)
• Authorized person for solemnizing marriages under Special Marriage Act, 1954
• A member of either Gram Panchayat, Panchayat Samiti, or Zila Parishad
• A private medical practitioner holding diploma or degree by a recognized by the government or a government medical officer

The procedure for court marriage registration in India can either be solemnized under the Hindu Marriage Act, 1955 or Special Marriage Act, 1954.

Marriage Registration under the Hindu Marriage Act, 1955

• The bride should have attained the age of 18 years and for the bridegroom, the marriageable age is 21.
• Marriage is to be solemnized under Hindu customs
• When both bride and bridegroom belong to the religion Hindus, Jains, Sikhs, or Buddhists.
• Marriage can be registered in the place of residence of the bride, bridegroom, or marriage solemnization place.

Marriage Registration under the Special Marriage Act, 1954

• Parties belonging to religions other than Hindus, Jains, Sikhs, and Buddhists, and other nationalities can register the marriage under the Special Marriage Act.
• NRI marriages are also solemnized under this act.
• When both the parties belong to different religions, marriage is solemnized under the Special Marriage Act.
• When one of the spouses is from Indian nationality and the other one is foreign national, the act is applicable.
• In the case of the marriage registration of divorcees, it is applicable.
• One of the spouses should belong to Indian nationality.
• The marriageable age for the bride is 18 and for the bridegroom, it is 21.
• The tehsil or solemnization place must either be the residence of the bride or the bridegroom.
• When a marriage is being solemnized under the Special Marriage Act, 30-day notice is to be given in advance to the sub-registrar.

Stepwise Court Marriage Registration Process

•  Notice of the intended marriage
• Publication of the notice
• Objection to marriage
• Declaration by parties and witnesses
• Place and form of solemnization
• Certificate of marriage

Evidentiary Value of Marriage Certificate

The sanctity of marriage is above all. Especially in India, it comes with strong beliefs and sentiments of natives. But it is not only the marriage ceremonies that proves you a husband or wife, registering that marriage under the legal framework is also mandatory.

The Hon’ble Supreme Court of India has introduced the compulsory Registration of Marriage Act, 2005 to ensure the legislation of marriage. Therefore it has become mandatory to register a marriage. And that will act as a helping paper in future instances to endeavor the rights of the spouses in a marriage. So whether it is a love marriage/court marriage registration in Chandigarh without parents consent or is culturally solemnized marriage, legal registration of marriage is mandatory.

Registered marriage is solid evidence. A marriage certificate is required for certain banking acts, Visa applications, immigration purpose. A marriage certificate serves as evidence that two partners are married in any legal way. A marriage certificate is also required for filing a decree for divorce or dissolution of marriage. You can also go for a marriage certificate online registration if required.

Advantages of Obtaining Marriage Certificate

The marriage certificate is a proof document which shows the legal status of a marriage. It ensures the entitlement of specific rights and responsibilities in that relation. Here are some of the benefits you will encounter if you are having a marriage certificate.

• Evidence of couple being lawfully wedded.
• Entitlement of rights of women in the property of the husband.
• Insurance and financial deposit scheme benefits.
• Passport and visa approvals.
• Proof for the divorce petition.

Divorce Proceedings

Generally, in contested divorces, one party is interested in seeking divorce and the other is not in favor of the same. Under the concept of the contested divorce, the divorce is sought on the grounds of fault or guilt by one of the parties to the marriage.

Divorce by Mutual Consent

In a mutual consent divorce, the husband and wife mutually agree to separate and end the marriage. Under Section- 13B of the Hindu Marriage Act, 1955, a provision has been provided for mutual consent divorce wherein certain conditions must be satisfied by the parties to get a divorce. In addition, Section- 28 of the Special Marriage Act, 1954 and Section- 10A of the Divorce Act, 1869, also cater to mutual consent divorce. Such joint petition is usually required to be filed before the District Court within whose jurisdiction the marriage was solemnized or where both the parties last resided together. The presence of both the parties at the time of first motion and the second motion is mandatory.

Judicial Separation

Judicial Separation under Hindu Law refers to a legal remedy available to a married couple governed by Hindu personal laws who wish to live separately without terminating their marriage. Unlike divorce, which dissolves the marital bond, judicial separation allows the couple to live apart while still maintaining their marital status. This legal concept is significant because it provides an alternative to divorce for couples facing irreconcilable differences or problems within the marriage. The provision of Judicial Separation is provided under Section 10 of the Hindu Marriage Act, 1955 (HMA).

The Separation can be claimed by filing the petition in the competent court for judicial separation. The grounds for judicial separation are specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2). Once the court passed the order for separation, the spouses are no longer bound to have cohabitation, and both are allowed to live separately.

Filing Petition for Judicial Separation

 As per Section 19 of HMA, a petition has to be filed in the District Court at any one of the following places, where:

• The marriage was solemnized.
• The Defendant resides.
• The parties to the marriage last resided together.

Grounds of Judicial Separation

The grounds for divorce as given under Section 13(1) and 13(2) have been made applicable for judicial separation while previously they were separate and different.

Under Section 10 of HMA, either spouse can file a petition for judicial separation on the basis of the following grounds:

Adultery

It means where any of the spouses voluntarily had sexual intercourse outside marriage. Here, the aggrieved party can claim relief, only when the intercourse takes place after marriage.

Cruelty

When the spouse treats his/her partner with cruelty or inflicts any mental or physical pain after the marriage. The sufferer can file a petition on the grounds of cruelty.

Desertion

It can be explained as where either spouse leaves the other spouse for any reason without informing him/her for a period of not less than 2 years before filing the petition by another spouse, desertion gives a right to claim relief of judicial separation for the aggrieved party.

Unsound Mind

If any spouse in a marriage is suffering from any mental disease which is difficult to live for the other spouse. Then such other spouse can claim relief of judicial separation.

Venereal Disease

If any party to the marriage is suffering from a disease which is incurable and communicable and the other spouse did not know about this fact at the time of marriage, then it could be a valid ground for the other spouse to file a petition for judicial separation.

Additional Grounds which can be Claimed Only by Wife;

Bigamy

If the husband has remarried during the lifetime of his wife or was married before the commencement of this Act and such other wife is still alive at the time of the marriage. Then the aggrieved wife can present a petition under this provision.

Rape, sodomy or Bestiality

If the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality, a petition can be presented by the wife for a decree of Judicial Separation.

Repudiation of marriage

If the marriage was solemnized before the female reaches the age of 15 years, such marriage can be repudiated by the wife before turning the age of 18 years.

If you seek judicial separation, our experienced attorneys provide thorough guidance and representation, safeguarding your rights and interests.

Maintenance

We help clients secure fair maintenance arrangements, ensuring financial stability for you and your dependents during and after legal proceedings.

The term ‘Maintenance’ generally covers the expenses for essentials for the substance of life. However, it is not merely a right for survival of the claimant. Maintenance includes provision for food, clothing, shelter, and basic needs such as education and medical expenses. Under Hindu Law, Maintenance can be claimed under the Hindu Mariage Act, 1955, The Hindu Adoption and Maintenance Act, 1956, Protection of Women from Domestic Violence Act, 2005 and under Criminal Procedure Code, 1973.

The main reason behind the provision of maintenance is to provide financial support to a divorced wife or aged parents or minor children or any other dependents for their well-being and for their sustenance needs.

Who Can Claim Maintenance?

• Wife
• Widowed daughter-in-law
• Children (legitimate sons, illegitimate sons, unwedded legitimate and illegitimate daughter, married daughter unable to maintain herself)
• Parents
• Any other dependent person

Maintenance of Wife

A husband is obligated to maintain his wife during her lifetime. It is the husband's personal obligation to maintain his wife which begins with the marriage and continues throughout the marital relationship. It is the imperative duty of the husband to maintain a wife who resides with him. The husband's obligation of maintenance comes to an end only when she leaves him without any justifiable cause or his consent.

Wife can Live Separately, without Forfeiting Claim for Maintenance:

• If the husband has deserted her for any period of time.
• If the husband has treated her with cruelty.
• If the husband is suffering from a virulent form of leprosy.
• If he has another living wife.
• If he keeps a concubine at home or any other place.
• If he had converted to another religion.
• Any other reasonable cause apart from these.

Adoption 

Adoption involves navigating complex legal frameworks. We guide you through both intercountry and intra-country adoption processes, making your journey to parenthood as smooth as possible.

The adoption in India takes place under Hindu Adoptions and Maintenance Act, 1956 (HAMA) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). HAMA, 1956 falls in the domain of Ministry of Law and Justice and JJ Act, 2015 pertains to the Ministry of Women and Child Development. As per the government rules, Hindus, Buddhists, Jains, and Sikhs are legalized to adopt kids.

Capacity of the Hindu male and females to adopt a child is discusses under section 7 and 8 of the HAMA respectively.

Hindu Male

Under Section 7 of HAMA, following conditions are to be fulfilled so as to allow a Hindu male to adopt a child:

• He is a major
• He is of sound mind
• As per the declaration of the competent court, he shall not adopt any child if he has a wife living at the time, except with her consent unless and until the wife has renounced the world or her Hindu religion or has become unsound mind.
• At the time of adoption, if a person has more than one wife, it is necessary to take the consent of all wives.

Hindu Female

 Section 8 of the HAMA enables the wife to adopt a child by fulfilling the following conditions:

• She is a major
• She is of sound mind.

Capacity Under Juvenile Justice (Care And Protection of Child) Act, 2015

If a child is an orphan, abandoned and surrendered, a couple or a single parent can adopt him or her. Where any adoption has been made under HAMA, the provisions of this act shall not apply.

As per section 38 of JJ Act, 2015 and Regulation 6 and 7 of AR, 2017, Child Welfare Committee can legally declare an orphan, abandoned and surrendered child free for adoption and the Children up to the age of 18 years can be adopted.

The parents who have the capacity of male/ female under JJ Act, 2015 can be commonly grouped under the umbrella term Prospective Adoptive Parent (PAP) as per section 57 of JJ Act, 2015 and Regulation 5 of AR, 2017 as:

• The prospective adoptive parents (PAP) should be physically fit, financially sound, highly motivated and mentally alert in order to adopt a child so as to provide a good upbringing to him.
• The consent of both the spouses for the adoption shall be required in case of a couple.
• Subject to the fulfilment of the criteria, a single or divorced person can also adopt in accordance with the provisions of CARA.
• A single male is not eligible to adopt a girl child.
• Only when the couple in a stable marital relationship for at least two years, a child can be given in adoption.

After all the above-mentioned requirements are fulfilled, the requisite documents are submitted and the Adoption order has been obtained from the court, the adoption will be completed in consonance with the procedures described under Section 61 of the JJ Act, 2015.

Probate and Estate Planning

Our services include drafting wills, codicils, and managing probate processes, ensuring that your estate is distributed according to your wishes.

Child Custody and Guardianship Matters

What do the guardianship laws in the country say?

Hindu Minority and Guardianship Act, 1956:

Indian laws accord superiority to the father in case of guardianship of a minor (below the age of 18 years).

Under the religious law of Hindus, or the Hindu Minority and Guardianship Act, (HMGA) 1956, the natural guardian of a Hindu minor in respect of the minor’s person or property “is the father, and after him, the mother. Provided the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.”

Muslim Personal Law (Shariat) Application Act, 1937:

It says that the Shariat or the religious law will apply in case of guardianship according to which the father is the natural guardian, but custody vests with the mother until the son reaches the age of seven and the daughter reaches puberty though the father’s right to general supervision and control exists. The concept of Hizanat in Muslim law states that the welfare of the child is above all else. This is the reason why Muslim law gives preference to the mother over father in the matter of custody of children in their tender years.

Crimes Against Women:

We are dedicated to protecting the rights of women, offering legal support for cases involving domestic violence, dowry harassment, and other crimes against women. Apart from offences registered under Bharatiya Nyaya Sanhita, 2023, remedies available under other laws are;

• Protection of Women from Domestic Violence Act, 2005: It provides victims of domestic violence with a means for practical remedy through prosecution.
• The Dowry Prohibition Act, 1961: It prohibits the request, payment or acceptance of a dowry.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This legislative act seeks to protect women from sexual harassment at their place of work.
• The Protection of Children from Sexual Offences (POCSO), 2012: It was enacted to protect minors from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process.

We provide robust representation and resolution strategies for victims of domestic violence and dowry harassment, helping them secure justice and protection.

Inheritance and Gift Deeds

We assist in drafting and vetting gift deeds and resolving inheritance disputes, ensuring a fair and legal distribution of assets.

Inheritance laws in India are primarily governed by personal laws that vary based on an individual's religion. India has multiple religious communities, each with its own set of laws related to the inheritance of property. The main personal laws governing inheritance in India are:

Hindu Succession Act, 1956: This law applies to Hindus, Buddhists, Jains, and Sikhs. It governs the inheritance and succession of property among individuals belonging to these communities. The 2005 amendment to the Hindu Succession Act brought about significant changes, granting daughters equal rights in ancestral property and self-acquired property. This law covers intestate succession (when there is no will) and testamentary succession (when there is a will).

Muslim Personal Law: Muslims in India are subject to Muslim personal law, which includes rules for inheritance. Under Islamic law, the distribution of a deceased Muslim's property is guided by the principles of Sharia, which governs the shares of heirs, such as spouses, children, parents, and other family members.

Indian Succession Act, 1925: This law is applicable to people of Indian Christian and Parsi communities. It provides rules for the distribution of property in the absence of a will and governs testamentary succession.

Special Marriage Act, 1954: People who marry under this act are subject to the Indian Succession Act, 1925, regarding the inheritance of property.

Caste and Community-specific Laws: Some communities, especially in rural areas, follow customary laws and traditions when it comes to property inheritance. These laws may not be codified but can still be legally recognized.

Property Distribution under Wills: Regardless of religion, individuals have the freedom to make wills specifying the distribution of their property after their demise. Wills are recognized in India, and they allow individuals to distribute their assets as per their wishes.

It's important to note that the legal framework for inheritance in India can be complex due to the diversity of personal laws and customary practices. Property inheritance may vary based on the nature of the property (ancestral, self-acquired, or joint family), the religious community, and the existence of a valid will.

In situations where a person dies without leaving a will (intestate), the applicable personal laws will determine the inheritance and distribution of the deceased person's property among legal heirs. Legal heirs may include spouses, children, parents, and other family members, depending on the specific personal law.