matrimonial laws

The objective of any matrimonial laws in the country is to adjudge the scope of settlement and cohabitation between husband and wife. Where the couple under no circumstances wishes or attempts to work on the marriage, the courts dissolve such marriages. The Hindu Marriage Act, 1955 is codified for various aspects of the Hindu marriages and the legal issues arising out therein. Restitution of Conjugal Rights When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party (wife or husband) may apply, by petition to the District Court, for restitution of conjugal rights and the Court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. While granting a decree of restitution of conjugal rights, it is mandatory upon the Court to be satisfied that the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief. Maintenance pendent lite and expenses of proceedings being reliefs of an ancillary nature, would apply to proceedings for restitution of conjugal rights Nullity of Marriage A decree of nullity of marriage can be obtained from a court when the marriage is void and voidable. The non-fulfilment of any of the following conditions would render the marriage void
  1. neither party has a spouse living at the time of marriage
  2. the parties are not within the degrees of prohibited relationship
  3. the parties are not sapindas of each other unless the custom of usage governing each of them permits of a marriage between the two
A marriage which is void from the very inception does not alter or affect the status and position of the parties. Such marriage confers no matrimonial obligation on them, which normally arise from a valid marriage, except such rights as are expressly recognized by the Act. Provisions relating to maintenance, expenses of proceedings and permanent alimony shall apply to such void marriages, and the Court is competent to pass any such order in a proceeding for a declaration of nullity of marriage under this section. It is important to understand that only the wife and/or husband can present a petition against each other for a decree of nullity. The first wife cannot seek nullity of a marriage if the subsequent marriage is void due to non-fulfilment of any of the three conditions. Voidable Marriage Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
  1. that the marriage has not been consummated owing to the impotence of the respondent; or
  2. the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner
  3. that the respondent was at the time of the marriage pregnant by some person other than the petitioner. A voidable marriage remains effective and operates as valid and binding on the parties to the marriage unless the instance of the aggrieved spouse a decree of nullity is obtained.
Judicial Separation The provides for the remedy of judicial separation. Judicial separation means severance of connection temporarily among the spouses by order of the Court. It does not mean divorce. Judicial separation thus is a step midway between subsistence of marriage and complete dissolution of marriage affected by divorce. The decree of judicial separation provides an opportunity to the conflicting spouses for reconciliation and adjustment. Divorce Divorce is a remedy whereby the marriage is dissolved, and the matrimonial tie is broken for ever. The grounds on which divorce can be granted under the Act are:
  1. Voluntary sexual intercourse with any person other than his or her spouse after solemnization of the marriage.
  2. Cruelty after solemnization of marriage.
  3. Desertion by the other spouse for a continuous period of not less than two years immediately preceding the presentation of the petition.
  4. Conversion to another religion.
  5. Mental Disorder
The Supreme Court has emphasized that the degree of severity or acuteness of a mental disorder, should be proved to be such that the petitioner cannot reasonably be expected to live with the respondent. Mere existence of a mental disorder is not enough for the grant of a divorce. Thus the do. Divorce by mutual consent A petition for dissolution of marriage by a decree of divorce may be presented to court by the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. The provision enables the parties to a marriage to seek dissolution by mutual consent. Maintenance pendente lite and expenses for proceedings Section 24 of the Hindu Marriage Act, 1955 provides for maintenance pendente lite and expenses for proceedings under the Act. It states as under: Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expensed of the proceedings, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable. Permanent alimony and maintenance Permanent alimony refers to payment of the allowance to one spouse by the other.The payment is availablewhether in case of judicial separation, divorce, or annulment of marriage. The application for maintenance can be filed at the time of institution of proceedings such as restitution of conjugal rights, judicial separation, divorce or nullity of void and voidable marriages.

Some landmark judgements in matrimonial laws

FIR Instituted against Family Members the requirements of alleging specific role for each of the members becomes necessary, for which the indispensable aspects that all should stay together FIR instituted by the complainant wife under sections 498-A, 323, 504, 506(2) and 114 of the Indian Penal Code, 1860, read with section 3 and section 7 of the Dowry Prohibition Act.In all ten persons-all family members were shown as accused in the First Information Report. The Gujrat High Court noted that the tendency to rope in all the family members in the FIR speaks for themselves and in such circumstances, the requirements of alleging specific role for each of the members becomes necessary, for which the indispensable aspects that all should stay together. The Court stated that a complaint relating to matrimonial dispute where all the members are roped into irrespective of role, becomes liable to be quashed. Respite for Hindu couples: The six Month waiting period for Divorce not mandatory The Apex Court stated that the 180 days period as prescribed under Section- 13B(2) is not mandatory but discretionary, thereby, giving directions for lower courts to speed up divorce if both husband and wife agree to settle their differences including alimony, custody of child or any other pending issues between the couple. The Supreme Court stated, “If there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.”  The purpose of having a cooling-off period is to safeguard a hurried decision taken by the parties and they consider all the chances of reconciliation. Triple Talaq The Supreme Court has held thatTriple Talaq violates the fundamental rights of Muslim women as it irrevocably ends a marriage without any hope of restoration and thus, ruling it unconstitutional. Divorce in Christians The Supreme court held that the divorce granted by the ecclesiastical tribunal under Christian personal law is not valid. A Christian couple will have seek divorce by way of a decree from a civil court. False Criminal Complaint amounts Cruelty The Bombay High Court refused to interfere with the Family Court’s order in allowing the Petition for divorce of the husband on the ground of ‘cruelty’. In view of the aforesaid, the Court noted that if the Criminal Complaint filed by the appellant wife against her husband was false and was filed only to bring back her husband and consequent to which he was arrested and was in jail for about 7 days, it would constitute a clear case of cruelty by the wife against her husband. Understand your rights now from the team of matrimonial experts.