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Showing posts with the label Divorce Lawyers In Faridabad

What Is The Significance Of Cooling Period For Divorce In India ?

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As Per The Hindu Law, Marriage Is A Sacrament. However, With Codification Of Law On The Matter Of Hindu Marriages, Dissolution Of Marriage Was Accepted In Cases Where Certain Offences Were Committed In The Marriage Such As Cruelty, Adultery, Desertion,Etc. Until  1976, Parties Were Not Able To Apply For Divorce, In Case One Of These Offences Were Not Committed In The Relationship.  The Hindu Marriage Act, 1955 Was Amended In 1976 To Add The Provision Of Divorce By Mutual Consent Under Section 13b. As Per The Provision Of The Act, It Was Conditioned That The Parties Live Separately For A Period Of One Year Before The Petition For Divorce Is Filed, After Which A Cooling Off Period Of Six Months Shall Be Given To Parties To Sort Out Their Issues, Failing Which A Divorce Decree Will Be Issued By The Court.  The Courts Generally Function On The Assumption That All Differences Can Be Resolved, Even In Case The Parties Are Not In The Favour Of Resolving Their Issues. As The Part...

Is Section 4 Of The Hindu Marriage Act Allows For Divorce ?

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The Hindu Marriage Act of 1955 shall be applied to a person who is a Hindu, Buddhist, Sikh or Jain by religion, or to an individual who is not a Muslim, Christian, Parsi or Jew. The Section 4 of the Hindu Marriage Act, 1955 shall have an overriding effect providing that the laws which are inconsistent with this Act, either in the form of ancient texts, customs  or legislative enactments would be repealed.  However, the provisions of this Section shall not affect the- Customary practices of marriage which is solemnised between two persons falling within the degrees of prohibited relationship which has been provided under Section 5 of the Act. The customary practice of having marriages solemnised between sapindas. The right allowing the termination of the Hindu marriage which are recognised by the customs is conferred by a special enactment provided under Section 29. Any proceeding which has been pending for the termination of marriage or judicial separation as has been provided...