Family Courts Not Authorized to Grant Divorce
Family Courts can’t grant divorce in case the marriage breaks down The Delhi High Court recently provided a clarifying judgment regarding the grounds for granting divorce in family courts, particularly in cases involving Hindu parties. In a case (D v. A) before the court, the issue at hand centered on whether a family court could grant divorce based on the assertion of an “irretrievable breakdown of marriage.” The division bench, comprising Justices Sanjeev Sachdeva and Vikas Mahajan, delivered a crucial ruling emphasizing that family courts must adhere strictly to the provisions governing divorce as outlined in the Hindu Marriage Act. The High Court emphasized that the Hindu Marriage Act does not recognize an “irretrievable breakdown of marriage” as a valid ground for divorce. Consequently, the family court’s judgment, which granted divorce on this ground, among others, was set aside by the division bench. The High Court clarified that the authority to grant divorce on the grounds of an irretrievable breakdown of marriage is vested exclusively in the Supreme Court of India, as outlined in Article 142 of the Constitution. The Court was addressing an appeal filed by a woman against a family court’s decision in 2018 to grant her husband’s request for divorce, citing grounds of cruelty and desertion. The couple had married in 2002 and had a daughter in 2007, after which they began living separately. The High Court noted that the family court had granted divorce based on the allegation of denial of a conjugal relationship, despite the vagueness and lack of specificity in these allegations. Furthermore, it was revealed that the husband had acknowledged having enjoyed conjugal relations on numerous occasions (30-35 times), which negated the claim of complete denial of conjugal rights. The birth of their daughter also contradicted the allegation of denial. Regarding the issue of marriage breakdown, the Court observed that the wife had consistently expressed her willingness to live with her husband, while he had repeatedly declined. The High Court concluded that the wife was not at fault, and it was the husband who had deserted her. Therefore, it was deemed unfair to allow the husband to seek divorce on the grounds of a marriage breakdown. The High Court also pointed out that the family court had erred in granting divorce based solely on the couple’s 11 years of separation, as such a power was not conferred upon the family court. Even the Supreme Court, when exercising its discretionary powers under Article 142 of the Constitution, considers various factors beyond the duration of separation. In conclusion, the division bench allowed the woman’s appeal against the grant of divorce, stating that the family court had exceeded its jurisdiction. Advocates Lohit Ganguly, Ajay Kumar, and Mohit Khatri represented the appellant (wife), while Advocates DK Pandey and Vikram Panwar represented the defendant (husband). News Update by Pradeep Kumar and Co. most experienced lawyer for Marriage Registration Ghaziabad NCR and Court Marriage in Ghaziabad NCR. Contact Us Pradeep Kumar & Co.Address: 725, Satyam EnclaveNear Rakesh Marg, Ghaziabad-201001Phone: 9213727837Website: www.marriage-registration.in
New Guideline for Marriage Registration
New Rule For Marriage Registration To Be Applicabe Soon Commencing from October 1 2023, a notable and transformative change in the realm of marriage registration is set to occur. Under this forthcoming regulation, the birth certificate, a document that serves as an unequivocal testament to one’s birth and identity, will emerge as the exclusive and singularly indispensable document for the purpose of marriage registration. This progressive shift aims to streamline and standardize the documentation requirements for the solemnization of marriages, significantly reducing the administrative intricacies that individuals often encounter when navigating the processes related to registering their marital unions. It represents a landmark decision by the authorities to simplify and modernize the marriage registration procedure, rendering it more accessible and efficient for all citizens. The birth certificate, a document of paramount importance that provides irrefutable proof of an individual’s date of birth and, consequently, their identity, will now assume a central role in the marriage registration process. As a result, individuals intending to enter into the sacred institution of matrimony will no longer be burdened with the need to furnish an array of additional documents to support their application for marriage registration. The birth certificate, with its comprehensive information about the individual’s birth, will stand as the sole and comprehensive documentation requirement for this purpose. Contact us for Marriage Registration Ghaziabad India This transformation will have profound implications for couples seeking to formalize their relationships through legal marriage. It will simplify the process of registering marriages, ensuring that individuals can navigate this significant life event with greater ease and expediency. By relying solely on the birth certificate, the authorities are taking a monumental step toward eliminating redundancy and complexity in the marriage registration process. Leading Court Marriage Ghaziabad Advocates Uttar Pradesh The impending adoption of the birth certificate as the exclusive and indispensable document for marriage registration represents a commendable effort to modernize and streamline this critical aspect of civil administration. It reflects a commitment to making the process more accessible, efficient, and user-friendly for all citizens who wish to embark on the journey of marital commitment and legally register their unions. This change signals a progressive shift in simplifying marriage registration, emphasizing the birth certificate’s pivotal role in the process, and ultimately facilitating the solemnization of marriages across the nation. CONTACT US Pradeep Kumar & Co.Address: 725, Satyam EnclaveNear Rakesh Marg, Ghaziabad-201001Phone: 9213727837Website: www.marriage-registration.in
Birth Certificate New Rule From October
Birth Certificate Only Necessary Document Required for Aadhar Card, Admission and Driving License Starting from the 1st of October 2023, there will be a significant simplification and streamlining of documentation requirements for various official processes in India. The birth certificate, a fundamental record of an individual’s birth, will become the sole essential document for several crucial purposes, including admission to educational institutions, obtaining an Aadhar card, and securing a driving license. This groundbreaking change is poised to greatly facilitate and expedite these processes for all citizens. The birth certificate, a document that officially certifies a person’s birth, will now serve as the cornerstone of one’s identity for these essential services. This pivotal shift is expected to reduce the bureaucratic complexities that individuals often encounter when navigating the paperwork associated with admissions, identification, and driving privileges. It will offer a more straightforward and uniform approach to these critical aspects of life. For students seeking admission to educational institutions, this change means that the birth certificate will be the primary document for establishing age and identity, making the admission process more straightforward and efficient. No longer will individuals need to provide an array of additional documents; the birth certificate alone will suffice. Additionally, obtaining an Aadhar card, which is a vital identification document in India, will become more accessible. The Aadhar card, being linked to the birth certificate, will streamline the verification process, ensuring that the government-issued identity card is more readily available to all citizens. Moreover, acquiring a driving license will also become a more hassle-free endeavor. The birth certificate will now be the foundational document to establish identity and age eligibility for obtaining a driver’s license. This will simplify the process for those aspiring to drive legally on Indian roads, reducing the need for multiple documents to prove one’s identity. (Contact Pradeep Kumar and Co. for obtaining Birth Certificate Ghaziabad India) In conclusion, the implementation of the birth certificate as the sole necessary document for admission to educational institutions, obtaining an Aadhar card, and securing a driving license, starting from the 1st of October 2023, represents a significant milestone in streamlining official processes in India. This move is aimed at making these essential services more accessible, efficient, and user-friendly for all citizens, eliminating unnecessary paperwork and simplifying the journey to education, identification, and the privilege of driving. CONTACT US Pradeep Kumar & Co.Address: 725, Satyam EnclaveNear Rakesh Marg, Ghaziabad-201001Phone: 9213727837Website: www.marriage-registration.in
Drive to End Child Marriage in Assam
Drive to End Child Marriage in Assam In a recent update from Guwahati, Chief Minister Himanta Biswa Sarma has disclosed that the campaign against child marriages in Assam will undergo a renewed effort come September. This announcement was made on August 31st, signifying the government’s commitment to address this pressing issue. Looking back at the preceding campaign conducted in February, its impact was felt throughout the State, sparking considerable attention. This response was due to the registration of a notable 4,235 complaints, and the subsequent apprehension of over 3,000 individuals, including 93 women, who were implicated in cases of child marriage. During a recent address, Chief Minister Sarma revealed a significant step taken in this endeavor. He indicated that during the fourth conference of the Superintendents of Police held on July 28, he issued directives to officials to initiate another comprehensive drive. Additionally, he urged the formulation of specific operational protocols tailored to addressing instances of child marriage, with a deadline set for August 31. Amidst these actions, the Chief Minister also underscored the importance of raising awareness among vulnerable populations. His objective is to ensure that young girls are not coerced into marriage before reaching the age of 18. By doing so, these young individuals would be granted ample opportunities to pursue their dreams and aspirations in life. This renewed emphasis on combating child marriage coincides with the Chief Minister’s earlier announcement on Independence Day. He had expressed the State government’s determination to enact robust legislation to abolish polygamy. In pursuit of this goal, an expert committee led by retired judge Rumi Phukan was convened. This committee was tasked with thoroughly evaluating all legal facets pertinent to introducing appropriate legislation against polygamy. While acknowledging that some tribal communities practice polygamy, it’s notable that the February campaign was perceived to be directed primarily at the Bengali-origin Muslim community. This context adds an important layer to the discourse surrounding these efforts. Also Read Marriage Registration Ghaziabad Documents Required
Child Marriage in India
Child Marriage in India: A Deep-rooted Social Issue that Demands Urgent Attention India is one of the nations most afflicted by child marriage, which remains a serious problem for civilizations all around the world. Despite substantial advancements in many areas, child marriage is still a problem that hinders social and economic advancement, deprives children of their fundamental rights, and perpetuates gender inequity. The goal of this article is to raise awareness of child marriage’s alarming frequency in India, its causes and effects, and the urgent need for all-encompassing actions to end this terrible practice. Prevalence and Causes With over 27% of all child marriages taking place there, India has the most child brides in the entire globe. A third of women between the ages of 20 and 24 who were married before turning 18 are reported by UNICEF. Child marriage is more common in rural places, where it is encouraged by social standards that are conservative, limited access to education, and poverty. The main causes of this destructive practice include elements like gender inequity, patriarchal traditions, dowry customs, and the notion that marriage protects girls’ honor. Consequences and Impact Young females who marry as children suffer terrible physical, emotional, and psychological effects. Early marriage frequently causes physical problems that complicate pregnancy and labor, providing major health risks to both the mother and the child. Girls who are pressured into early marriages are more likely to drop out of school, which reduces their chances of obtaining an education and a job, prolongs the cycle of poverty, and enlarges the gender gap. Additionally, they are more susceptible to sexual assault and domestic violence and have less influence over social and familial decisions. Legal Framework and Initiatives: India has passed a number of laws to prevent child marriage, such as the Prohibition of Child Marriage Act (2006), which establishes the marriage age as being 18 for females and 21 for males. These rules’ implementation and enforcement, though, continue to be difficult. The government has launched awareness campaigns, educational initiatives, and community-based interventions to address child marriage, along with a number of non-governmental organizations and civil society organizations. Despite these attempts, a concerted and persistent strategy is needed to effect real change. The Way Forward: Engagement of the Community: Discussions and awareness campaigns involving community leaders, religious leaders, and important people can aid in challenging deeply ingrained customs and norms that support child marriage. Community-driven solutions are necessary for advancing gender equality and altering social norms. Strengthening Laws and Their Enforcement: It is essential to strengthen laws and their enforcement and to make changes to close loopholes. Fast-track legal processes or specialized courts can accelerate child marriage cases and deliver justice on time. Health and social services: Addressing the physical and emotional health requirements of child brides can be done by providing accessible healthcare services, such as reproductive health services and counseling. Additionally, social protection programs should be developed to assist low-income families, easing the financial strains that frequently lead to child marriages. Conclusion Child marriage in India continues to be a deep-rooted social issue that hampers the overall development and well-being of children, especially girls. While progress has been made, concerted efforts from all stakeholders are necessary to tackle the complex web of factors that sustain this practice. By prioritizing education, empowering girls, engaging communities, strengthening legislation, and providing comprehensive services, India can strive towards a future where every child has the opportunity to grow, learn, and fulfill their potential, free from the shackles of child marriage. Article by Pradeep Kumar and Company, Court Marriage Ghaziabad Lawyer
Same Sex Marriage Now Allowed in Nepal
On Friday, there were significant developments in Nepal concerning the rights of same-sex couples as they prepared to proceed with registering their marriages. This progress comes as a result of the Supreme Court’s ongoing deliberation on a petition submitted by dedicated gay rights activists. In a groundbreaking move, the Court issued a temporary order earlier in the week, granting permission for same-sex couples to officially register their marriages while awaiting the ultimate and decisive judgment on this matter. This marks a momentous step forward in a country that has traditionally held conservative views on such issues, signifying a potential turning point for the recognition of gay marriage in Nepal. In 2007, Nepal’s Supreme Court mandated the government to eradicate discrimination against the LGBT community and establish measures ensuring equal rights. Consequently, some same-sex couples have unofficially held weddings, and gay pride parades have taken place in the capital, Kathmandu. Article by Pradeep Kumar Lawyer for Marriage Registration Ghaziabad India