Purpose of the Special Marriage Act The act was enacted as legislation with the objective of establishing secularism. India is a secular country and the same was affirmed by the 42nd Amendment but the stones for the bridge were enforced since the beginning of independence. Special Marriage Act, 1954 affirms the concept of Article 21 that […]
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What is an NRI divorce? An NRI divorce is a divorce in which one or both spouses are not residents of India. This can complicate the divorce process, as there may be issues with jurisdiction and service of process. An NRI divorce can be more complex and time-consuming than a regular divorce, so it is
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What is a Remarriage in India? When a couple who has previously been married gets remarried, it is called a remarriage. A remarriage usually happens after a divorce, but it can also happen if one spouse dies. If the couple has children from their previous marriage, those children are usually involved in remarriage. The new
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Purpose of Family Courts Act Family Courts Act 1984 came with an ambition of constructing and establishing a fast-track justice system for the resolution of matrimonial disputes. It applies to the conciliation of family and marriage issues. Conciliation refers to a speedy resolution and fast-track judgment. Various Family courts were established after the enforcement of
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The Concept of MoU Divorce is an outcome of disputes in matrimonial bonds. A matrimonial bond is the solemnization of rights and duties between bride and groom. In certain cases, the marriage goes through the aisle of differences between spouses for which they seek a legal solution. Divorce is a legal remedy entrusted to a couple
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The Concept of Mediation Litigation and Court Proceedings have always been the de jure king of family settlements in both Hindu as well as Muslim law but penetration of Mediation, Conciliation, Negotiation and Arbitration is now emerging as an alternative for such dispute settlement. Mediation is one such branch of Alternative Dispute Resolution which is
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The Concept of Divorce under Muslim Laws Dissolution of marriage in Muslim law is a wide concept covering several formats of dissolving the bond. The phenomenon encircles judicial as well as extra-judicial forms as mentioned in personal law. It also segregates the condition to take divorce between husband and wife. Muslim marriage can also be
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The Concept Inequality refers to the phenomenon of not treating people on the same terms. Personal laws become subject to unequal treatment easily. In Muslim personal laws, the provisions are biased towards males in some categories and towards females in others. The Court of law is the overseer of rights enshrined in the Constitution of India.
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Concept of Custody of a Minor Child Minor is considered a person of tender age who is not able to maintain himself on his own. Maintenance refers to basic education, safety assurance, food, shelter, and other necessities. In the matter of conflict where the custody of a child is in question, the court of law
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Concept of Separation Solemnisation of marriage is a commitment to perform certain duties against each other and own certain rights. The occurrence of dispute in the union of husband and wife leads to the situation of divorce. Separation emerges as an alternative to divorce. By opting for the passage of separation, through a separation agreement, the
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