Marriage & Divorce Law in India
Though marriage and divorce is practiced all over the world, cultures around the world vary greatly, as do the practices of matrimony and, if desired, separation. India's laws are similar to many other countries, though slight differences do apply.
Other People Are Reading
-
Religion
-
Several religions are practiced in India, including Christianity, Hinduism and Islam. Each religion has its own set of rules bound by law that couples must follow. Should a couple be of separate religious backgrounds, there are two options. The Special Marriage Act allows for a secular marriage with a 30-day notice of intent to marry. Another option is for one half of the couple to convert to the others' religion.
Other Factors for Marriage
-
A couple wishing to marry must be of age. That is, the female must be at least 18-years-old and the male must be at least 21 years of age. As long as both are of age, other differences in age are not important factors. Large age differences, as well as relationships where the woman is the older party, are acceptable. Like many countries, both parties must have no spouse at the time of marriage (with the exception of Shariat). Both parties must be of sound mind and body to wed.
-
Divorce Procedures
-
Annulment of a marriage is permissible if laws were broken during the act of marriage, such as parties not being old enough. Annulment is also permissible if one party refuses to consummate the marriage. If a partner has not seen or heard from their spouse in seven years, the spuose can be declared legally deceased and the marriage will be dissolved. Conversion to another religion are also grounds for divorce in India.
Rights of the Divorced
-
Once a divorce has occurred, there are still some rights and laws that must be followed. A spouse that is accustomed to a certain lifestyle will have that lifestyle maintained. Under Shariat law, the ex-wife is entitled to maintenance. Custody of children can be discussed during divorce proceedings with the non-custodial parent paying child support.
-
References
- Photo Credit indian man walking arm in arm with his family image by Gina Smith from Fotolia.com
