I'm going to search abaut family law in India,and the point is divorce.and find some Indian professor's text in this subject.Thanks for your help.
2007-02-25 16:02:59 · 5 answers · asked by maryam a 1 in Family & Relationships ➔ Marriage & Divorce
India is a multi-religious country & law relating to marriage & divorce etc depends on the various religious customs, rites, & rules hence in India there is no common civil code relating to these issues, although the Constitution of India provides for the implementation of the common civil code but the various governments through out these 57years have failed to implement this directive principle as laid down in the Constitution. So in order to understand the issue of Divorce you have to go through all these enactments thoroughly then only you will be able to complete your research. These Acts are available online if you go for goggle search you will find them & you can go through them. I can tell you which Acts you should go through regarding issue of Divorce , these are :- 1)The Hindu Marriage Act, 1955 for India Hindus ; 2)The Indian Divorce Act, 1869 For Indian Christians ; 3) The dissolution of Muslim Marriage Act,1939 For Indian Muslim Ladies; 4) The Paris Marriage & Divorce Act,1936 for Indian Parsis; 5) Special Marriage Act,1954 5) The Foreign Marriage Act,1969. What you will find there is a vast difference & discrimination between various India Divorce Acts on the basis of religion itself, the only secular enactment regarding marriage & divorce is only the Special Marriage Act, 1954. Hope this information will serve your purpose. You can always write to me directly for any other assistance.
2007-02-25 18:04:39 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
Have no idea about Indian law but here in the US your sister didn't break any laws...It sucks that her boyfriend was forced into an arranged marriage while he (obviously still loves your sister)... P.S. This is why I hate arranged marriages...hopefully your family won't stone her or anything for disgracing your family because that it was I see on the National Geographic or Discovery channels about other cultures... For me personally, when a married person cheats with a single person, the married person is the one who is at fault...
2016-03-16 01:00:06 · answer #2 · answered by ? 3 · 0⤊ 0⤋
wanna divorce acts indian law
2016-02-01 01:37:25 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Marriages are performed as per spouses' religious laws (or culture, customs & rites), hence those laws apply for divorce too. If married under Special Marriage Act, it will apply for divorce also. Since marriages are performed according to religion or culture/customs/rites, no secular acts can be legislated for performance of marriages and divorces, etc.
Divorce is a judicial separation which liberates the spouses from wedlock. If not with mutual consent, the spouses shall have to allege lawful grounds for divorce before the court and to prove them by acceptable evidence to get a divorce.
Despite divorce or annulment, the court orders the spouse having sufficient means to pay for the survival of the spouse who is unable to maintain.
Divorces should be avoided and the spouses should try their best to adjust, forgetting and forgiving the mistakes of others and tolerating misdeeds & mistakes. Divorce not only separates spouses but two families as well and creates much problems for children. After divorce, if they remain without another marriage, they may spoil and pollute the society. Most divorces are due to haste/ hurry, improper advice, anger, provocation and parents' pressure.
There is no concept of divorce in Hinduism. Hindu marriages are performed between their souls (not bodies) in heaven (not upon earth) in presence of 330 million gods and goddesses. Indian Government enacted Hindu Marriage Act in 1955 and created a chance for divorce to be granted by secular courts. Despite such legislations and courts' divorce judgements/decrees, their spiritual wedlock remains intact being eternal, everlasting and unbreakable even in future rebirths. Despite marriage with others after divorce, wife continues Ardhangini (half body) of her former husband and he continues her Pati Parmeshwar (Lord). Pre marital sexual experiences (intercourse / coitus) with other/s cannot be a ground to seek divorce under Hindu/Special Marriage Act.
In Islam divorce is the most worst among permissible. In unavoidable circumstances only there may be a divorce.
2007-02-26 08:45:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
to break a marriage
2007-02-25 16:12:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋