Advocate Deependra Pati Tiwari
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Marriage law in Faridabad falls under the larger umbrella of Indian law. India recognizes several types of marriages, depending on the religious and personal beliefs of the individuals involved. Majorly, marriages in India are governed by either the Hindu Marriage Act 1955, the Special Marriage Act 1954, or the personal laws of Muslims, Christians, Parsis, and Jews. These laws tackle issues like eligibility, conditions, registration, and divorce in marriages. An understanding of these laws will be critical when navigating marriage in Faridabad, India.
There are various situations where you might require the services of a marriage lawyer. These include understanding and discussing the implication of marriage laws, drawing up prenuptial and postnuptial agreements, and handling cases of divorce or annulment. Domestic violence, child custody, and property disputes during or after a marriage are other instances where legal assistance becomes crucial.
The main laws relevant to marriage in Faridabad are the Hindu Marriage Act and the Special Marriage Act. The Hindu Marriage Act applies to any person who is a Hindu, Buddhist, Jain, or Sikh by religion. Eligibility for marriage includes reaching the legal age (21 years for males and 18 years for females) and not being related within prohibited degrees. On the other hand, the Special Marriage Act applies to all Indian citizens regardless of their religion, and allows for interfaith marriages. It also requires marrying parties to give public notice at least thirty days in advance.
The process is simple and can be completed online. The bride and groom must fill out an application form, furnish proof of age and nationality, and provide two passport-sized photographs. The marriage certificate is later issued by a designated officer.
Though not common in Indian society, prenuptial and postnuptial agreements are valid under Indian laws. They are, however, subject to validation by the Court based on the principles of fairness, reasonableness, and non-oppression.
Divorce procedures vary depending on the specific marriage law under which a couple was married. It often involves filing for divorce, attending court hearings, and settling on mutual agreements regarding custody, alimony, and property division.
Yes. The Special Marriage Act allows for the marriage of an Indian citizen and a non-Indian citizen, provided they meet the eligibility conditions and give sufficient notice.
No, you cannot. Remarriage without a legal divorce is considered bigamy under Indian law, which is a punishable offense.
You can find additional helpful resources from governmental bodies like the District Court of Faridabad, the Ministry of Women and Child Development, and non-governmental organizations like the National Commission for Women.
If you need legal assistance with regard to marriage in Faridabad, the first step is to seek legal counsel. This could include consulting with a local marriage lawyer or a legal firm. Before consulting, compile all relevant documents and any questions you may have. Ensure to clarify all aspects of the law as they apply to your situation.