Law of marriage & divorce

Description

Here’s a concise overview of the Law of Marriage and Divorce under Indian law, covering key aspects:

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LAW OF MARRIAGE AND DIVORCE IN INDIA

1. Introduction

The law of marriage and divorce in India is governed by personal laws based on religion (e.g., Hindu, Muslim, Christian, Parsi) and secular laws like the Special Marriage Act, 1954. These laws define the formation and dissolution of marriage, rights of spouses, maintenance, custody, and legitimacy of children.

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2. Major Statutes

Hindu Marriage Act, 1955 (for Hindus, Buddhists, Jains, Sikhs)

Muslim Personal Law (Shariat) Application Act, 1937 and customary Islamic law

Christian Marriage Act, 1872 & Indian Divorce Act, 1869

Parsi Marriage and Divorce Act, 1936

Special Marriage Act, 1954 (for interfaith/civil marriages)

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3. Essentials of Valid Marriage

Under Hindu Law:

Monogamy

Age: Groom – 21; Bride – 18

Mental capacity to consent

Prohibited degrees of relationship barred unless custom permits

Under Muslim Law: