Adv. Amar Singh Rathore

Family Law

Family Law

Increasing literacy, ongoing economic growth and integration with the rest of the world has resulted in changing values in India. With the registration of marriage become compulsory in many states and inter-caste / inter-religion marriages on the rise, a need has arisen for the common man to have a basic understanding of the matrimonial laws in India. We Provide services and legal assistance pertaining to all the Laws of Marriages and Divorce applicable in India.
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Ans: Marrying again during the lifetime of one’s wife or husband is known as bigamy. It is a criminal offence, punishable with imprisonment and fine. A bigamous marriage is void, a complete nullity If a woman has prima facie evidence that she is lawfully married to a man who is about to or has remarried, she can register a criminal complaint and the police are expected to stop him from getting remarried. If a wife learns that her husband is going to marry again she can get an injunction from the court forbidding the marriage before it occurs. After it has taken place, a wife can ask the court for a “declaration” that the second or bigamous marriage is null and void. Proving bigamy, however, is not easy. The complainant wife has to prove that both the marriages, her own as well as the second bigamous one, have been performed properly according to the appropriate ceremonies. Most prosecutions for bigamy fail because the complainant does not have the proof of the bigamous marriage. The accused husband can usually successfully claim against all efforts to prove the contrary that essential parts of the ceremony were never carried out and escape punishment.

Ans: If a women is being forced to marry against her will she can seek the help of the police to help her stop her marriage . Alternatively, sympathetic teachers or respected social workers in the area could also be approached for help. However, these social interventions are outside the realm of legal rights and in extreme cases where social pressure does not work, police help may be sought.
Ans: In India various communities have different customs and ceremonies. Hence, the law says that a marriage can be performed or “solemnised” according to the customary rituals and ceremonies of the community to which either the bride or the groom belongs. It is very important to understand that the rituals and ceremonies carried out must be recognised and accepted by the community concerned as being the proper ones for formalising a marriage. For example, the law makes it very clear that in a Hindu marriage, where the ceremony includes the saptpadi, the ritual of circling the sacred fire seven times, the ceremony becomes complete and the marriage binding when the seventh round is completed.

Ans: Void Marriages Voidable Marriages Where it contravenes any one of the following conditions:-

a) Either party has a spouse living at the time of marriage.
b) Parties are within prohibited relationship.
c) Parties are sapindas of each other.

Ans: Yes Since 2014, it is mandatory to register your marriage under Hindu Marriage Act or Special Marriage Act as per govt. of India.

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