Divorce Registration Application Proceeding
Divorce Registration Proceeding Form 2016 online Simple joint Application bc clearance registry certificate Hindu, Muslim Sikh Christian marriage act Divorce Registration Proceeding form is very important for both wife husband for continuing record cover and cumulative table of contents in family case see some news below
Divorce Registration act India under Hindu marriage act who governed by this act divorce proceeding form online 2016 are All Hindus, Buddhists, Jains and Sikhs registration probably we have a 100 year old Central Act, viz., the child male female Births, Deaths and Marriages Registration Act, 1886 which states that “Births and Deaths” are to be registered under the Act by the Registrars of Births and Deaths appointed by the State but there is no provision for registration of Divorce marriages registration 2016 and hence the title of the Act is somewhat misleading.
Divorce Registration proceeding we have few other constitution State laws on Marriage Registration in Bombay, Andhra Pradesh, Canada, Bangalore West Bengal but nowhere failure to register a marriage application form which is otherwise compulsory, affects the validity of marriage in any way. Similarly for registration of divorces, the laws which provide for any kind of registration of divorce is that of Muslims and Parsis but provisions of the State laws are dormant and hardly in practice and thus leave abundant room for misuse of law and cause great hardship to women.
In view of the above, the Law Commission recommends enactment of a “Marriage and Divorce Registration Act” to be made applicable in the whole of India and to all citizens irrespective of their religion and personal law and without any exceptions or exemptions.
A. Divorces Obtained Outside the Court
The Hindu Marriage Act 1955 recognizes and protects divorces obtained under customary law (Section 29), but makes no provision for registration of such divorces affected outside the court. The Muslim Marriage and Divorce Registration Acts applicable in West Bengal, Bihar, Jharkhand, Orissa, Assam and Meghalaya – referred to above – provide for voluntary registration of out-of-court divorces with the Mohammedan Marriage Registrars appointed under those Acts by the State Governments. The
following forms of divorce can be so registered in all the States:
(i) talaq (divorce by the husband),
(ii) khula (divorce at the instance of wife), and
(iii) mubara’at (divorce by mutual consent).
1. Who are the persons governed by this Act?
Ans. All Hindus, Buddhists, Jains and Sikhs.
2. What should be minimum age of bride and bride-groom at the time of marriage?
Ans. Bride-18 years, Bride-groom-21 years.
4. What are the provisions regarding restitution of conjugal rights under Hindu Marriage Act?
Ans. When either spouse has withdrawn from the society of the other without any reasonable excuse, Court may pass a decree for restitution of conjugal rights.
5. What are the grounds on which divorce can be obtained under Hindu?
Ans. A petition for divorce may be filed after one year of the marriage. In case of exceptional hardship to the petitioner or of exceptional depravity on the part of the Applicant, a petition may be allowed to be presented before one year. Marriage may be dissolve by a decree of divorce on the following grounds:
1. Applicant had voluntary sexual intercourse with any person other than the spouse after the marriage.
2. Applicant has treated the petitioner with cruelty.
3. Applicant has deserted the petitioner for a continuous period of not less than two years.
4. Applicant ceased to be a Hindu.
5. Applicant has been incurably of unsound mind.
6. Applicant has been suffering from virulent and incurable form of leprosy.
7. Applicant has been suffering from venereal disease in a communicable form.
8. Applicant has renounced the world by entering any religious order.
9. Applicant not heard of as being alive for a period of seven years or more.
6. Whether a petition under Hindu Marriage Act cannot be filed within one year of the marriage?
Ans. Yes, a petition under Hindu Marriage Act cannot be filed within one year of the marriage except with the permission of the Court.
7. When can a person re-marry after passing of decree of divorce?
Ans. When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or if there is such a right of appeal the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to marry again.
8. What are the provisions regarding grant of interim maintenance?
Ans. Where it appears to Court that the wife or the husband, as the case may be, has no independent income sufficient for his/her support and the
necessary expenses of the proceedings, it may grant interim maintenance to the applicant.
9. What are the provision regarding permanent alimony?
Ans. At the time of passing of decree or at any time subsequent thereto the Court on application made by either party, order that the other party shall pay to the applicant for his/her maintenance and support, a gross sum or such monthly or periodical sums as may seem to the Court to be just.
10. Which Authority is competent to grant the decree of divorce and what is the procedure to be followed?
Ans. The petition for divorce is to be filed before the District Court:-
1. Where the marriage was solemnized.
2. Where Applicant resides.
3. Where the parties to the marriage last resided together.
4. In case the wife is the petitioner, where she is residing on the date of presentation of petition.
we will soon update some more news on Supreme Court Family Rules, registry office, undefended Sole Divorce national international, degree