In India, nearly everyone believes that marriage is necessary. Marriage is a significant life event that ushers someone into adulthood. In general, rather than being the result of one person's resolve, this movement, like everything else in India, is the result of the efforts of many people. A partner is chosen for you without your consent, just as you are born into a particular family without having any choice in the issue.
India is divided between the north and the south in terms of
the patterns of Hindu kinship and marriage. Other traditions are also practiced
by various ethnic and tribal groups in the central, mountainous north, and
eastern regions. Hindus are given instructions on how to create a structured
marriage relationship with the Hindu Marriage Act. It gives marriage purpose,
allows the bride and groom to live together, and gives their family and
children a sense of stability so they can live without worrying about their
parents. There are mainly two types of marriages, which are prevalent are love
marriage and arranged marriage. In love marriages also there are chances that
the couples seek divorce within 1 year of marriage. If the couple lives in
Delhi then they can do court
marriage in Delhi. After completing the court marriage process Delhi and
after obtaining marriage certificate Delhi, they can seek divorce within one
year of their marriage in case of exceptional circumstances.
Section 14 states that a divorce petition cannot be filed within the first year of marriage. Therefore, it is possible to think of a year as the time provided by the law for resolving, classifying, comprehending, and communicating problems with one another. Because of this, no court may hear a divorce petition before the one-year mark has passed. The Court may permit the petition to be presented after receiving an application in accordance with the norms of the High Court in the event of exceptional hardship to the petitioner or great depravity on the part of the respondent. The aim behind such a law is to give time to couples to understand each other. It gives them time to adjust to each other and not to take any decision in haste.
Fair Trial Rule:
The fair trial rule states that if there is an appropriate but an imperfect
level of compliance, a law's directory provisions—those that are not
required—can be said to have been followed. Despite the non-obstante phrase at
the beginning of Section 14 (1) of the HMA, the provision of that subsection's
first sentence makes this provision of the HMA a law. A law provision is
"directory" in nature rather than "mandatory," and if that
is the case, as was already said, what must be observed is sufficient and/or
ample compliance.
Case Laws:
In case of Smt Priyanka maity vs. shri sabyasachi maity, the
Court held that According to a cursory reading of section 14 of the HMA, 1996,
it appears that the legislature intentionally granted each spouse the ability
to file for divorce before the year mark if it can be proven that there are
exceptional hardships for the petitioner or exceptional depravity on the other
party.
In Sankalp Singh v. Prarthana Chandra [2013 SCC OnLine Del
855] Court held that the courts may permit a petition to be filed prior to the
marriage's first anniversary in specific instances of extreme hardship or
depravity on the side of the Respondent. The parties must, however, demonstrate
that their understanding was arrived at voluntarily and without coercion,
suggestion, or undue influence. Furthermore, it is essential to demonstrate
that there are no prospects for a peaceful resolution and that each party is
aware of the consequences of their choice.
In Rishu Aggarwal vs Mohit Goyal MAT. APP. (F.C.) 110/2021 n
CM APPL. 41458/20, Court held that the refusal of cohabitation inside a
marriage cannot be justified as "exceptional difficulty" or
"exceptional depravity," and a one-year requirement cannot be waived
without extraordinary cause. The Court further stated that the refusal of a
marital partnership or non-consummation because of behavioral or temperamental
differences can only be grounds for divorce under cruelty.
The Hindu Marriage Act of 1955 has a number of
divorce-related provisions. Consequently, the divorce is dissolution of
marriage, according to the Hindu Marriage Act. Hindu women might get divorced
for a variety of reasons, such as adultery, abandonment, Leprosy, brutality,
conversion, and other issues. The Section of the Criminal Procedure Code Hindu
married women are permitted to ask for maintenance under Section 125.
Consequently, an innocent spouse has the right to file for divorce in court.
Visit
us: - https://www.leadindia.law
Call
Us: - +91-8800788535
Email:
care@leadindia.law
YouTube:
- https://www.youtube.com/c/LeadIndiaLawAssociates
Facebook:
- https://www.facebook.com/leadindialaw
LinkedIn:
- https://www.linkedin.com/company/76353439
Twitter:
- https://twitter.com/leadindialaw
Pinterest:
- https://in.pinterest.com/lawleadindia
Instagram: -https://www.instagram.com/leadindialawofficial
court
marriage in delhi, marriage
certificate delhi, court
marriage process delhi
No comments:
Post a Comment