MATRIMONIAL LAWS
Matrimonial Laws in India
Matrimonial laws in India are a combination of personal, statutory, and constitutional laws that set out rights and obligations of spouses pre-marriage, during marriage and post-marriage. Matrimonial laws provide a legal framework to a marital relationship; for example laws addressing marriage, separation, divorce, maintenance, custody of children and property. India has a multiple legal system, the issue of marriage and divorce is based on religion: law generally classify marriage and divorce into at least four frameworks with laws incorporating pre-existing customs, ie, Hindu Law, Muslim Law, Christian Law, Parsi Law; however two people can also marry based on no religion through the Special Marriage Act, 1954, India has real progress in a secular approach to marriage in which religion does not have any impact.
As with learning about many laws, understanding matrimonial laws in India involves knowing the legal law provisions, jurisdictional areas of responsibility to apply laws, and considering the laws in the context of many practical court decisions. While this commentary addresses contested divorces or mutual distance separations, matrimonial laws strive to uphold the rights of people involved in family matters as well as support fairness and justice.
The Function of a Matrimonial Lawyer in Legal Issues
When engaging with complicated legal issues underlying a divorce, custody, maintenance and alimony claims or in urgent need of protection from domestic violence a matrimonial lawyer's professional qualifications and experience will be invaluable. A matrimonial lawyer is essential in assisting people:
• To know their rights and obligations when dealing with matrimonial laws in India.
• To draft and issue divorce or judicial separation petitions.
• To negotiate settlements regarding alimony and maintenance.
• To represent clients in certain family courts, and mediation proceedings.
• To address issues regarding the matrimonial property and any jointly owned/used property.
Matrimonial lawyers can also help and assist in creating pre-nuptual agreements, more marital disputes and court order compliance. With domestic violence, more negotiation and dispute skills are essential to protect the client.
The Definition and Legal Safeguard of Matrimonial House:
"A matrimonial house is where the couple resides and, normally, it is a central matter to matrimonial law of a couple who are married. A matrimonial home usually steals the limelight in a matrimonial action or proceedings surrounding separation or divorce. Indian courts have also recognized that a woman has the right to live in the matrimonial home regardless if the home is owned or rented.
As per Indian law, the Protection of Women from Domestic Violence Act, 2005, states a woman has a right to live in the common household and cannot be removed unless the proper process is followed by the courts. Through case law, the courts have interpreted this act the right for a woman to reside in the matrimonial home even when the house is not the property of the woman it is the right for the woman to stay in the matrimonial home, unless the courts tell the woman not to.
This right is extremely crucial in domestic abuse or domestic violence situations of marital breakdown where the woman may not have financial capital to move elsewhere or reside on her own.
A matrimonial attorney will be able to help you determine your residential rights as well as file the appropriate remedies if the residential rights are violated.
Grounds and Process for Matrimonial Divorce
In India, matrimonial divorce may occur through two principal ways: mutual consent and/or through contested proceedings. The laws apply depending on the religion of the parties:
Indian Divorce Akta, 1869 for Christians
Parsi Marriage and Divorce Act, 1936 for Parsis
Special Marriage Act, 1954 for interfaith/civil marriages
Mutual Divorce
With mutual consent, both parties agree to dissolve the marriage without much difficulty. However, one of the couple must live in a different location from the spouse for one (1) full year and prove they are unable to live together. Mutual divorce is mostly a faster and easier way to get divorced, and there is no animosity involved in the divorce.
Contested Divorce
A contested matrimonial divorce is when one party files a petition and the other is very opposed to the divorce and the petition is filed on one of the allowable grounds, being:
Cruelty (physical or mental)
Adultery
Desertion for 2 years
Conversion to a different religion
Insanity
Venereal disease
Renunciation of the world
Presumptive death
When there is a contested divorce, matrimonial divorce and its procedures can become extremely complicated and dependent upon trial in a court, with exhaustive legal scrutiny, evidence, witness statements, and detailed argumentation. To ensure your rights are protected when involved in a trial on these issues, have a very well qualified matrimonial attorney.
Features of Family Laws in India
Spousal Support and Maintenance
Family laws in India provides for financial support for a spouse who lacks adequate income and/or means. According to Section 125 of CrPC, maintenance can be claimed by a wife (whether legally married or divorced), children and parents. The right to maintenance is also covered under many personal laws, which state the right to maintenance if they are separated or divorced.The courts will look at income level, lifestyle, length of marriage and children (if they are dependent) etc., in determining the amount of alimony.
Custody and Guardianship
Custody is governed by the courts based on the best interest of the child. Under the family laws in India either parent can seek custody of the child. The courts and statutes will look to meet the best interest of the child in terms of emotional, educational and financial well-being. Child custody provides for temporary and permanent custody as well as visitation rights and joint parenting.
Domestic Violence and Legal Options
Family disputes are sometimes coupled with emotional, verbal, physical or economic processes. According to the Domestic Violence Act women can seek protection orders, rights to reside in the family home, compensation, and custody through family law courts. Family lawyers can register those cases in family courts and subsequently serve them on the person being claimed against, including a statement of evidence to code through the legal process quickly.
Court Jurisdiction and Filing of Matrimonial Cases
The jurisdiction one has for matrimonial disputes depends on:
Most matrimonial cases will be heard in Family Courts which can be appealed to a higher court. The spouse or partner filing the case must provide all the necessary forms of a Notice of Motion, and checklist forms as per procedural rules to avoid unnecessary delays and avoid having the case dismissed.
Legal Issues in Marriage and Importance of Legal Advice
Conflicts involving legal issues in marriage are often emotionally built up and complicated. An experienced matrimonial lawyer can help deal with these conflicts by:
Whether a divorce is being sought, the custody of children, or, in the matrimonial home, where to reside, or in a dispute over maintenance, we will provide you with lawyer participation for a smoother experience and more equitable outcome.
Conclusion
Matrimonial laws are the backbone for both the resolution of disputes between spouses as well as codifying their responsibilities. The interpretation and enforcement of matrimonial laws in India continues to change and progress with the changing dynamics of Indian society and society through court judgements and changes to legislation. Whether it is to protect the sanctity of marriage or that justice prevails in interspousal conflicts, matrimonial laws strive to balance traditional practices against constitutional norms. If you are confronted with a complicated marital situation or your marriage has broken down, to speak to a matrimonial lawyer at VrinLegal who is familiar with the details and nuances of your case and able to help you through the legal process— protecting your legal rights and your dignity.