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Updates found with 'marriage registration divorce'

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Updates found with 'marriage registration divorce'

Marriage Registration-Compulsory?How many of us understand the importance of registration of a marriage. Registration of marriage is not an option anymore. Marriage certificate will be required as proof of marriage in all government and official documentation. Making a passport, applying for a Visa are small examples . The maiden names of women may be changed after marriage and it becomes even more important since all the earlier personal identification documents like pan card, voter card , drivers license etc may be registered in the earlier family name. The Supreme Court of India has ordered the compulsory registration of all marriages in India, irrespective of the religion of the couple getting married. It has given states and union territories that have not yet enacted the rule, in accordance with its 2006 orders, a deadline of three months to frame rules to implement the compulsory registration. The court directed the states and central government to notify the procedure for compulsory marriage registrations within three months. This can be done by amending the existing rules or by framing new ones. Objections from the public shall be invited for one month thereafter, the court said. When the Indian government enacts a comprehensive statute on the issue, it shall be placed before the apex court for its scrutiny, the Bench added. The age and marital status (unmarried, divorced, widowed) of the couples shall be clearly stated in the registration form, the court said. An officer appointed under the rules shall be authorised to register marriages and the consequences of non-registration of marriage or filing a false declaration shall be provided for in the rules, the Bench stated.In February 2006, the court held that compulsory registration of marriages of all religions would be a step in the right direction for the prevention of child marriage -- a practice that is still widespread in many parts of the country. It said that one way to curb the practice was to make it legally binding on all couples to register their marriages, mentioning their ages at the time.Marriage Registration-Compulsory?The Supreme Court of India has ordered the compulsory registration of all marriages in India, irrespective of the religion of the couple getting married. It has given states and union territories that have not yet enacted the rule, in accordance with its 2006 orders, a deadline of three months to frame rules to implement the compulsory registration. The court directed the states and central government to notify the procedure for compulsory marriage registrations within three months. This can be done by amending the existing rules or by framing new ones. Objections from the public shall be invited for one month thereafter, the court said. When the Indian government enacts a comprehensive statute on the issue, it shall be placed before the apex court for its scrutiny, the Bench added. The age and marital status (unmarried, divorced, widowed) of the couples shall be clearly stated in the registration form, the court said. An officer appointed under the rules shall be authorised to register marriages and the consequences of non-registration of marriage or filing a false declaration shall be provided for in the rules, the Bench stated.In February 2006, the court held that compulsory registration of marriages of all religions would be a step in the right direction for the prevention of child marriage -- a practice that is still widespread in many parts of the country. It said that one way to curb the practice was to make it legally binding on all couples to register their marriages, mentioning their ages at the time.
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Understanding Divorce Laws in India.Divorce cases has been on the increase in India due to various reasons. Divorce proceedings unfortunately in India can be extremely lengthy, time consuming, difficult and expensive. But there are circumstances where the only solution is Divorce. Divorce -Types• There are different types of divorces:1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible within two to four weeks.2. Contested Divorce: As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind (of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly. Generally speaking, contested divorce proceedings take approximately 18 to 24 months.3. Annulment of marriage: Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.4. Void marriage: There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-a) neither party has a spouse living at the time of the marriageb) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.Time duration for obtaining divorce varies from case to case & place to place.
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