Common Marriage Problems Archives - Page 2 of 8

Can someone remarry the same spouse after divorce in Hindu Law

Common Marriage Problems / By Lead India

All communities, whether proletariat, underdeveloped, or developed, have some kind of mating and some degree of societal regulation over sexual relationships, according to social anthropologists. Every culture regulates the sexual behaviour of its citizens. Everyone is allowed to get married once in their lifetime, however Hinduism forbids second marriages if a person wants to get …

Can someone remarry the same spouse after divorce in Hindu Law Read More »

Challenging Polygamy: Rights of Wife For Declaring Husband’s Second Marriage Void

Common Marriage Problems / By Lead India

One of the basic foundations of society is the institution of marriage, and numerous legal frameworks work to preserve its sanctity. The Hindu Marriage Act of 1955 in India regulates Hindu weddings and offers standards for separation, alimony, and other relevant issues. The Act’s attitude on monogamy, which forbids someone from being married to more …

Challenging Polygamy: Rights of Wife For Declaring Husband’s Second Marriage Void Read More »

When Muslim Marriage should be registered

Common Marriage Problems, Court Marriage, Love Marriage / By Lead India

The civil law of Islam is not codified. In accordance with Muslim law, a marriage is a civil union, and there is no required religious ritual. The bride and the husband sign the Nikah, an Arabic term meaning “contract,” which is the marriage contract. Marriage is expressly referred to in the Quran as mithaqun Ghalithun, …

When Muslim Marriage should be registered Read More »

Can someone remarry the same spouse after divorce in Muslim Law

Common Marriage Problems, Court Marriage / By Lead India

Marriage is a sacred bond in Islam, signifying a union based on love, compassion, and understanding between two individuals. However, in certain circumstances, couples may face challenges and decide to part ways through divorce. In Muslim law, the process of divorce is well-defined, and it allows for reconciliation during the waiting period known as ‘iddah.’ …

Can someone remarry the same spouse after divorce in Muslim Law Read More »

Is Marriage on Notary Valid in India ?

Common Marriage Problems / By Lead India

In India, marriages are primarily governed by personal laws based on religious customs and traditions. As of my knowledge, as of September 2021, a marriage solemnized under the Special Marriage Act, 1954, or religious ceremonies recognized by personal laws are considered legally valid. However, it’s important to note that laws can change over time, so …

Is Marriage on Notary Valid in India ? Read More »

Muslim Women Right to Demand Divorce from Husband

Common Marriage Problems / By Lead India

The muslim law acknowledged the right of the women to demand the dissolution of marriage, the High Court of Kerala had ruled that the will of the husband and the will of the wife cannot be the same if any one of them either the husband o the wife does not want to give divorce. …

Muslim Women Right to Demand Divorce from Husband Read More »

When ex-parte decree is passed?

Common Marriage Problems / By Lead India

Despite service of summons, on the date of hearing only plaintiff does and defendant does not appear in the court to hear the suit, hence court passes ex-parte decree against the defendant. The legal validity of such a decree is similar to any bi-party decree. Code of Civil Procedure 1908, analyses various provisions of ex-parte …

When ex-parte decree is passed? Read More »

Contempt of Court over Non-Payment of Maintenance to Wife

Common Marriage Problems / By Lead India

If there is any willful disobedience to any judgement, decree, order, writ or any other process by any Party court shall take cognizance of such violation and punishment shall be announced . The willful disobedience undermines the dignity of the court. 3 months civil prison for non payment of maintenance: In a landmark case, the …

Contempt of Court over Non-Payment of Maintenance to Wife Read More »

Mutual Divorce in one month

Common Marriage Problems / By Lead India

The parties who are going for the mutual consent divorce before filing the petition the couple must be living separately for at least the period of one year or more than one year, after the filing the mutual consent divorce, the two motion are passed that is first motion and the second motion, between the …

Mutual Divorce in one month Read More »

What happens if Maintenance is not Paid?

Common Marriage Problems / By Lead India

Wife can claim maintenance from the husband even without divorce and in case the husband denies, the wife can claim maintenance under different acts: Hindu Marriage Act, Domestic Violence Act, Criminal Procedure Code. Section 37 of Divorce Act 1869 states that the District Court is empowered to order the husband to pay a reasonable amount …

What happens if Maintenance is not Paid? Read More »