Procedure For Court Marriages In India

Procedure For Court Marriages In India Court marriages are solemnized under the Special Marriage Act, 1954. Court marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Court marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage...

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Solemnization Of Marriage Under Special Marriage Act 1954

INTRODUCTION The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess.For the benefit of Indian citizens abroad, it provides for the appointment of Diplomatic and Consular Officers as marriage officers for solemnizing and registering marriages between citizens of India in a foreign country.The Act extends to the whole of India except the state of Jammu and Kashmir...

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How to file maintenance filed by wife before the Magistrate Court - Section 125 Of The Code Of Criminal Procedure

Introduction The object of this provision is to provide a summary remedy to the dependent wife, children, and parents from destitution and to serve a social purpose. The right under these provisions cannot be defeated by anything in the personal law of the parties. Who is Entitled to Maintenance Wife if she is unable to maintain herself, Legitimate or illegitimate minor child, whether married or not, who is unable to maintain himself or herself Father or mother who is unable to maintain himself or...

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Status Of Live In Relationships In India

INTRODUCTION In India marriage has always been considered a sacrament. The husband and wife are considered as one in the eyes of law. The legal consequences of marriage that follow add to the sanctity of this relationship. Marriage legally entitles both the persons to cohabit; the children born out of a legal wedlock are the legitimate children of the couple; the wife is entitled to maintenance during the subsistence of marriage and even after the dissolution of marriage and many more.The benefits of marriage come with...

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How the property divided among legal heirs when an HIndu Male/Female dies without writing will? - Hindu Succession Act 1956 -

Introduction Succession in the Hindus is governed by the Hindu succession Act, 1956, which bases its rule of succession on the basic principle of propinquity, i.e., preference to heirs on the basis of proximity of relationship. Earlier females were excluded, however this rule of exclusion of females has been done away with.   The law of intestate succession is concerned with matters as to who are the Heirs, what are the rules of preference among the various relations, in what manner is the property distributed in case...

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The Maintenance And Welfare Of Parents And Senior Citizens

Introduction Maintenance of Parents and Senior citizen is the responsibility of very person. In India the uncared senior citizens including parents who are unable to maintain themselves from their own resources or are abandoned by their children, can get the relief under an Act known as The Maintenance and Welfare of Parents and Senior Citizens Act. Under this Act, children and property heirs must take care of the maintenance of their parents/senior citizens. The purpose of enacting this Act was to fulfill the...

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Gifts Under Hindu Law

Gifts under Hindu Law Gift is a relinquishment without consideration of one's own right in property and the creation of the right of another. A gift is completed only on the other's acceptance of the gift.   WHAT PROPERTY MAY BE GIFTED A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain. A coparcerner, may dispose of his coparcernary interest by gift subject to the claims of those who are entitled to be maintained...

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Right Of Hindu Women In Undivided Property

Introduction: Every citizen of India is guaranteed equality before law and equal protection of the laws irrespective of his gender, caste, creed, and race. The Constitution of India also contains provisions for empowerment of women. The concept of equal social status to women also includes their right to hold and inherit property like the male members of the family. Despite the equality guaranteed by the law of the land, women in India had suffered a lot of inequalities. Prior to the enactment of the Hindu Women’s Right...

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Enforcement Of A Will

ENFORCEMENT OF A WILL Wills and the questions related thereto have always been intriguing for most of us as there is not much clarity among the general people regarding making of a Will, its execution, steps involved therein and the role of the Courts. Will is in general the legal declaration of the intention of the testator with respect to his properties which he so desires to carry into effect after his death. This definition of the Will is under the Indian Succession Act. Since it is a document which takes effect only after...

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Muslim Women Right To Maintenance Us 125 of Criminal Procedure Code

Introduction The Supreme Court, in Mohd. Ahmed Khan v. Shah Bano Begum and others has held that if the divorced woman is able to maintain herself, the husband's liability ceases with the period of iddat, but if she is unable to maintain herself after the period of iddat, she is entitled to maintenance under section 125 of the Code of Criminal Procedure. This led to controversy as to the obligations of the Muslim husband to pay maintenance to the divorced wife. The Muslim Women (Protection of Rights on Divorce) Act was passed...

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