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Can you get maintenance after annulment of marriage in India?
India has a lot of welfare legislations in order to safeguard the interest of women and to avoid their destitution and vagrancy. Maintenance in India can be sought under the Hindu Marriage Act, 1955, Code of Criminal Procedure, 1973, Protection of Women from Domestic...
What is restitution of conjugal rights?
Marriage comes with responsibilities and such responsibilities vary depending on the couple but the one thing that remains constant for every couple is the need for companionship and intimacy. Since India does not have a uniform civil code, we are still governed by...
How to get a legal separation in India?
People often confuse legal separation (also known as judicial separation) with divorce but they both are very much different. When you get a legal separation then you live away from your spouse and are no longer bound to cohabit under the same roof as husband and...
FAQs on divorce in India
There are a lot of questions that people have in their mind related to divorce and associated issues like child custody and maintenance. This is an attempt to answer a few frequently asked questions on divorce in India. 1. Can I file for divorce even if my spouse is...
How to get a marriage annulled in India?
Before we proceed on to the steps involved in filing for an annulment in India under the Hindu Marriage Act, 1955, we need to understand what an annulment exactly means and how it is different from divorce as most of the times people do not understand the legalities...
How to get child custody in India?
Whenever a marriage crumbles, it is the child who suffers the brunt of it the most. Child custody means the responsibility to care, control, and maintain the child awarded by a Court of competent jurisdiction during separation or divorce proceedings. Child custody can...
How to get a mutual divorce in India?
There are different species of divorce in India and one of it is mutual consent divorce available under the personal and secular law(s) relating to the institution of marriage. Mutual consent divorce refers to the termination of marriage with mutual consent of both...
How to get a divorce in India?
Divorce in India is governed by personal laws, i.e. if you’re a Hindu then the Hindu Marriage Act, 1955, will be applicable, Muslims are governed by the Dissolution of Muslim Marriages Act, 1939, etc. There are a variety of ways by which you can obtain a divorce in...
Get mutual divorce without waiting for six months
Yes, you heard it right. Now, one can get a divorce without completing the six months period known as ‘cooling-off period’. Before we jump onto the question pertaining to how this can be done, let us clear some basics regarding mutual consent divorce in India. What is...
Annulment under Hindu Marriage Act, 1955
Annulment literally means to nullify or declaration of being void by a competent authority. The entire invalidity of an attempted marriage, by reason of relationship or incapacity of the parties or other diriment impediments, is referred to as an annulment. An action...
Legal Status of Children Born Out of Void and Voidable Marriages
What are the rights of a child born in the void or voidable marriage? There are a lot of misconceptions related to the legal status of children born out of void and a voidable marriage in India. A legitimate child is a child born in lawful wedlock. When we talk about...
Step by Step Procedure to File for Divorce in India
The divorce law in India is governed by the Hindu Marriage Act, 1955, the Dissolution of Muslim Marriages Act, 1939, the Indian Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936, and the Special Marriage Act, 1954. The steps involved in filing for a divorce...
Disposal of Property in a Contested Divorce
Contested divorce in India refers to the process of divorce where only one party is willing to dissolve the marriage. It is a one-sided divorce where the party willing to dissolve the marriage has to prove the ground(s) on which he/she wants to terminate the marriage....
Leprosy As A Ground of Divorce: The New Law
Leprosy is one of the world's oldest diseases which find mention in the ancient Hindu scriptures along with Ayurvedic texts of the 6th Century BC. However, to this day, leprosy remains among one of the most dreaded of diseases. According to sources, in 2014, India had...
Adultery and Maintenance of the Wife
In Hindu law, the term “Maintenance” has been defined under the Hindu Adoptions and Maintenance Act, 1956, as ‘provision for food, clothing, residence, education, and medical attendance and treatment.’ Maintenance denotes sustenance; support; assistance; aid for...
Counter-Claim in Divorce under Hindu Marriage Act, 1955
Divorce is the legal termination or dissolution of a marriage by a court or any other competent body. Divorce in India, when contested, is a tedious process that can take years. Laws Governing Divorce in India The laws for divorce in India are invariably linked to...