Matrimonial Disputes

The Legal Framework for Marriages and Matrimonial Disputes in India

• Constitution of India: Article 21 deals with life and personal liberty, which is used to maintain the dignity and rights of a person in a marriage. Article 15 deals with the prohibition of discrimination generated in cases of gender equality in matrimonial rights.
• Family Courts Act, 1984: The Family Courts Act, 1984, establishes the legal framework for the establishment and operation of family courts that regulate matrimonial disputes, encompassing issues such as divorce, child custody, and alimony. The Act aims to regulate the fast and contentious nature of family disputes, focusing on the importance of mediation and conciliation as alternatives to prolonged court battles. 
• Hindu Marriage Act, 1955: This Act controls marriage and divorce among Hindus, Buddhists, Sikhs, and Jains and sets out conditions regarding divorce, alimony, maintenance, and custody of children. The Act has been through various amendments to include provisions like the rights of women to seek maintenance and alimony after divorce, and the irrecoverable breakdown of marriage as a sufficient ground for divorce.
  • Section 9: Deals with the restitution of conjugal rights.
  • Section 13: Deals with the grounds of divorce, including cruelty, adultery, desertion, etc.
  • Section 24: Deals with maintenance pendente lite and expenses of the proceeding, i.e., interim maintenance.  
  • Section 25: Deals with permanent alimony
• Muslim Personal Law (Shariat) Application Act, 1937: For Muslims, personal law controls matrimonial issues, including divorce, maintenance, and custody of the child. Divorce can be filed by either party by the means of Talaq by the husband or Khula by the wife or by mutual consent of the parties according to Muslim personal laws.
• The Divorce Act, 1869: This Act regulates divorce laws for Christians in India, outlining the grounds for divorce, judicial separation, nullity of marriage, and alimony.
  • Section 10: Deals with grounds for divorce, like cruelty and adultery. 
  • Sections 36 and 37: Address maintenance pendente lite and permanent alimony for the wife.
• Special Marriage Act, 1954: This secular law applies to all individuals, regardless of religion, making inter-religious marriages possible and controlling divorce and separation.
  • Section 27: Deals with grounds for divorce.
  • Section 36: Deals with maintenance for the wife during the legal proceedings.
  • Section 37: Deals with permanent alimony and maintenance.
• Parsi Marriage and Divorce Act,1936: This Act regulates marriage and divorce for Parsis in India and holds provisions regulating divorce, alimony, and custody of a child.
  • Section 32: Deals with grounds for divorce.
  • Sections 39 and 40: Deal with the maintenance of the wife.
• Guardians and Wards Act, 1890: This Act addresses issues related to child custody, where the court places significant importance on the welfare and best interests of the child. For more information, click on 'Child Custody Cases'.
• Protection of Women from Domestic Violence Act, 2005: This Act provides legal remedies for victims of domestic violence, including protection orders, residence orders, and monetary relief. Victims can seek protection under this Act irrespective of their marital status. Domestic violence can encompass various forms of abuse, including physical, emotional, verbal, or economic mistreatment, that occur within a domestic setting.
• IPC, 1860/BNS, 2023: Provides a legal framework to file a complaint or an FIR in cases of bigamy, dowry harassment, and other criminal offenses in a matrimonial relationship. 

Legally Accepted Marriages in India

• Hindu Marriage: This marriage is governed by the Hindu Marriage Act, 1955. Applicable to all Hindus, Buddhists, Jains, and Sikhs. In Hinduism, marriage is considered a sacred bond, not just a legal agreement, signifying a lifelong commitment. This requires traditional ceremonies, inclusive of Saptapadi. The jurisdiction of Hindu marriage is governed by family courts or district courts, which have control over marriages and disputes. The cases for these disputes may be filed where the marriage took place, the couple last resided before separation, or where any of the spouses currently reside.
• Muslim Marriage (Nikah): Muslim marriages are governed by the Muslim Personal Law (Shariat) Application Act, 1937, and the Dissolution of Muslim Marriages Act, 1939. These Acts apply to Muslims only. Muslim marriages require mutual agreements, payment of dowers, and also require the presence of two adult witnesses. In Islam, marriage is viewed as a civil agreement, not as a sacred bond. The family courts or District courts have the jurisdiction to address any disputes relating to marriages, divorce, maintenance, etc, and the matters related to Muslim personal laws are generally filed in courts where the partners last resided together or the petitioner resides. 
• Christian Marriage: Christian Marriages are governed by the Indian Christian Marriage Act, 1872, and the Divorce Act, 1869. Applicable only to Christians. This is seen as a religious sacrament and a lifelong commitment. To get married in a Christian religion, it must be presided over by a licensed minister or priest, usually in a church setting. The family or District Courts have jurisdiction.
• Parsi Marriage: This marriage is governed by the Parsi Marriage and Divorce Act, 1936. Applicable to Parsis (Zoroastrians), and this marriage is considered a religious as well as contractual meeting. For marriage, a Parsi priest is mandatory along with two witnesses, and the family and District courts address every matrimonial matter.
• Civil Marriage (Special Marriage Act, 1954): These marriages are also known as court marriages. This marriage applies to interfaith couples, persons of any religion, or anyone opting for a civil marriage; these are treated as lawfully binding civil agreements. The process for civil marriages is that the notice of such marriages shall be submitted at least 30 days before the wedding date to the marriage registrar. If there are no objections within 30 days, the marriage will be considered officiated. Requiring at least three witnesses.
• Tribal and Customary Marriages: These are governed by the customs and traditions of the specific tribe, along with the particular provisions in local state laws. These apply to tribal communities, which have their unique marriage customs that vary according to tribal practices, often adhering to traditional customs. Jurisdiction under this may need registration under local state laws for official recognition. Local courts or panchayats will solve issues related to these marriages if they comply with customary law.
• NRI Marriages: NRI marriages in India are controlled by a mixture of laws, like the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, or the Foreign Marriage Act, 1969, entirely based on the religion of couples or their choices for a marriage. These marriages should be registered as per the authorised personal laws, where the registration is a must as mandated by the State Government, or the Special Marriage Act, where a 30-day prior notice is mandatory. Any disputes related to these marriages are heard by the family courts or District courts, specifically if the marriage was solemnized or registered in India; however, International laws may also be applicable if the couple lives abroad.   

Matrimonial Disputes may Encompass 

• Void and Voidable Marriages: Marriages can be void or voidable based on their legal validity and the circumstances under which they happened.
  • Void Marriage: It is generally illegal and invalid from the beginning; there are no legal rights or responsibilities arising from such marriages. As per section 11 of the Hindu Marriage Act, 1955, a marriage is void if there is Bigamy, or comes under the prohibited Degrees or falls under Sapinda Relationships. Some legal consequences of such marriage are as per section 16 of the Hindu Marriage Act, any child born out of such marriages is considered legitimate. 
  • Voidable Marriage: It is valid and binding unless one of the parties seeks cancellation through the court. As per section 12 of The Hindu Marriage Act, 1955, a marriage will be termed as voidable if there is any consent that is obtained by fraud or coercion, impotence, mental disorder, or pregnancy by another man. Similar provisions are available under other laws for void and voidable marriages. 
• Divorce: Divorce is a complex and emotionally charged legal process that signifies the end of a marital partnership. In the various facets of divorce cases, the primary grounds are adultery, desertion, and cruelty as outlined in the Hindu Marriage Act and other laws, as well as Irretrievable Breakdown.
• Legal Separation: This refers to an official arrangement in which married partners decide to live apart from each other while remaining legally married to one another. It permits the spouses to resolve disputes, such as monetary support, child custody, and property division, without ending the marriage. This is recognised under Indian law, ordinarily through judicial orders. Section 10 of the Hindu Marriage Act, 1955 permits any of the partners to file for a separation based on several grounds such as cruelty, desertion for at least two years, adultery, conversion, mental illness, and incurable illness, only by the order of the court. This is not a permanent end to the marriage; it is merely a legal separation that allows time for reconciliation and potential reconnection. If this fails, either of the spouses can file for divorce after one year of separation under section 13(1A) of the Hindu Marriage Act. 
• Domestic Violence: Any form of abuse or violence done by one spouse or an individual against another person while being in a domestic or familial relationship. This also includes physical, psychological, sexual, financial, or emotional abuse for dominating, controlling, or harming the victim. Not only can domestic violence be done by a partner in a marriage, but it can also be done by any other family member.
• Dowry Concerning Conflicts: Dowry means money, property, or valuable expensive gifts by the bride's family to the Groom's family at the time of marriage. This has been practical for so many years. However, it is prohibited under the Dowry Prohibition Act, 1961, yet the problem persists. Some of the common dowry-related conflicts are: Demands for dowry, dowry harassment, dowry deaths (Addressed by section 80 of BNS), Domestic violence, and economic exploitation. Section 85 of the BNS penalizes cruelty by the husband or his family.
• Maintenance and Alimony: These terms refer to monetary support provided by one spouse to the other during or after separation or divorce, ensuring the financial stability of the recipient. This is provided to ensure the basic needs and living standards of the dependent spouse and children. Section 144 of Bharatiya Nagrik Suraksha Sanhita, 2023, provides maintenance to wives, children, and parents. Maintenance can be provided according to the religion of parties in personal laws; further, the Domestic Violence Act, 2005, also includes maintenance for the victims of domestic violence. Alimony can be of two types, Permanent and Interim Alimony. Maintenance and alimony are genuinely based on the income and financial capacity of partners, the standard of living, age and health, custody and care of children, and also the duration of their marriage.
• Child Custody: Matrimonial disputes also bring child custody issues. This refers to the lawful rights and responsibilities issued to a parent or guardian to care for and make decisions concerning a child after separation or divorce. The goal of custody of a child is to ensure the child's well-being and the best interests of the child while balancing parental rights. In India, child custody comes in various forms, including physical custody, legal custody, joint custody, sole custody, and third-party custody. Conflicts concerning child custody and guardianship are addressed under the Hindu Minority and Guardianship Act, 1956, the Guardians and Wards Act, 1890, Muslim Personal Law, and the Divorce Act, 1869. Additionally, visitation rights have been granted to the non-custodial parent to maintain a bond with the child. To know more, click here.

International Framework 

• When discussing international divorce or custody issues, the court may also consider international treaties or bilateral agreements among nations, although the legal procedures can be complex and often lengthy. 

Significant Amendments  

• The Indian Divorce (Amendment) Act of 2001: Major amendments were made in the Act to improve it in the interest of justice.
• The Personal Laws (Amendment) Act, 2019
  • In the Indian Divorce Act, 1869, section 10(1)(iv) has been omitted, which was related to one of the grounds for divorce
  • In the Dissolution of Muslim Marriages Act, 1939, section 2(vi), the words "leprosy or" have been omitted.
  • In the Special Marriage Act, 1954, section 27(1)(g) has been omitted, which was related to divorce proceedings.
  • Section 13(1)(iv) of the Hindu Marriage Act, 1955, has been omitted, which pertained to a ground for divorce, specifically leprosy.
  • In the Hindu Adoptions and Maintenance Act, 1956, section 18(2)(c) has been omitted, which was related to the claim of maintenance.
• Cooling-Off Period can be waived off as per the judgement passed by the Supreme Court of India in Amardeep Singh v. Harveen Kaur, 2017, in mutual consent divorce cases under section 13B(2) of the Hindu Marriage Act, 1955.

Remedies for Non-Compliance  

• Execution Petition: If the respondent doesn't respond or adhere, the petitioner has the option or right to file an execution petition to enforce the judgment.
• Contempt of Court: A Contempt petition can be filed for refusing or denying the orders of the court, which may lead to contempt of court measures under Section 2(b) of the Contempt of Courts Act, 1971. The outcome of such proceedings can be Imprisonment, fines, or both. 
• Attachment of Assets: In circumstances of failure or refusal to pay maintenance, the court can order the attachment and seizure of the negligent party's property to reclaim owed amounts. 
• Warrant of Arrest: If the maintenance is not laid out regardless of the court's judgement, the court may issue an arrest warrant to ensure the negligent party's appearance.
• Show-Cause Notice: The court may issue a show-cause notice to the negligent party, requiring them to state the reasons for their non-compliance, with potential additional penalties for failure to respond.
• Involvement of Police: In circumstances of non-compliance with the custody of the child, the court may seek the assistance of the police to execute the order. 

Legal Procedures in Matrimonial Disputes

• Filing Petition: The aggrieved party (whether it is the Husband or the wife) submits a petition praying for relief like divorce, maintenance, custody, or restraining orders in circumstances of domestic violence.
• Mediation and Conciliation: Courts often promote mediation or conciliation for parties involved in prior proceedings leading up to trial. The approach supports parties in concluding mutually agreeable solutions, especially in divorce or custody issues, without any necessity for an official trial.
• Issuance of orders: If seeking to reunite does not succeed, the family court will continue to proceed with hearing the case and issuing a judgment or decree. In cases of divorce, a decree of divorce is granted, accompanied by orders of child custody, alimony, and maintenance if applicable.
• Enforcement of Orders: If an individual fails to comply with a court's order, such as not paying maintenance or failing to return the child's custody, the affected person can seek execution proceedings from the court. 

How Can Seasoned Advocates Help You?

• Legal Advice and Representation: Guide clients in understanding their legal rights and responsibilities. Assist individuals through the complex laws covering divorce, maintenance, marriage, and child custody. Develop effective plans for cases, collect evidence, and submit it in court. Their experience ensures the most positive results for their clients.
• Counselling and Mediation: Often expedite discussions to support parties coming to mutual agreements through counselling and mediation, thereby decreasing lengthy legal procedures and reducing emotional and financial stress.
• Compliance Implementation: When court orders are not enforced, experienced advocates promptly take lawful measures to execute the judgment, ensuring that their clients achieve the relief they demand.
• Assistance in International Matters: For clients dealing with international matrimonial disputes, offer guidance by applying relevant international and domestic laws to their specific matter. 

Conclusion 

Matrimonial issues in India present complex and in-depth personal challenges that require a detailed understanding of the legal system, encompassing personal laws, statutory regulations, and constitutional protections. While the legal framework offers several reliefs for violations and non-compliance, addressing these challenges can be overwhelming without professional legal guidance. To know more, contact us.