Common Marriage Problems Archives - Page 3 of 9

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.’ …

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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 …

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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. …

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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 …

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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 …

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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 …

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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 …

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When can a Couple file Divorce?

Common Marriage Problems / By Lead India

Section 14 of the Hindu Marriage Act, 1955 was thus enacted and it says that no couple can file for divorce within the year of marriage to cope with any poor decision, as per the Hindu marriage act divorce has certain grounds that need to be satisfied to file for the divorce, If you have …

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Uniform Civil Code and its effect on the Marriage in India

Common Marriage Problems, General Legal issues / By Lead India

A uniform civil code is said to be one nation code that exists uniformly or is applicable to the entire country, it signifies that all the segments of the country such as religion, society, etc shall be considered equal in the entire country as per this code, this code also deal in marriage, divorce, support, …

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How Maintenance or Alimony is decided during divorce proceedings?

Common Marriage Problems / By Lead India

The word “alimony” is defined as the financial support provided to spouses after the divorce. It is given to spouses not having sufficient means to take care of basic needs. Either spouse can claim alimony from another spouse and the lump sum amount that one spouse has to pay. Provisions dealing with alimony: Eligibility: Calculation: …

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