Best Marriage Lawyers in Patna

About Marriage Law in Patna, India

Marriage law in Patna, India follows the standards set by the Indian National Law which primarily involves three key acts, the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Muslim Personal Law (Shariat) Application Act of 1937. These legislations are ethnically based, covering Hindu, Sikh, Buddhist, Jain, Christian, and Muslim marriages, allowing them to be performed and recognized in accordance with their respective religious rites and customs.

Why You May Need a Lawyer

Legal assistance might be required to ensure that your marriage is conducted legally and all necessary paperwork is accurately fulfilled. A professional lawyer can guide you through laws related to prenuptial agreements, registration processes, divorce procedures, child custody, property right, and annulment of marriage, if necessary. Legal advice can also become crucial in addressing issues related to interfaith and second marriages, which are governed by different set of laws.

Local Laws Overview

In Patna, the applicable laws depend on the parties' religions. For Hindus, including Sikhs, Buddhists, and Jains, the marriage is governed by the Hindu Marriage Act, 1955. Muslims are covered by the Muslim Personal Law. Interfaith marriages can be arranged under the Special Marriage Act, 1954, which also applies to Indian nationals of any faith residing in foreign countries. Furthermore, The Protection of Women from Domestic Violence Act, 2005 also offers legal support on matters related to domestic violence and abuse.

Frequently Asked Questions

1. What is the legal age for marriage in Patna?

The legal age for marriage in Patna is 21 years for males and 18 years for females, in alignment with national requirement.

2. Can one have a religious and registered marriage simultaneously?

Yes, you can perform the religious ceremonies of your respective faith while also registering your marriage with the local authorities.

3. How long does the registration process for marriage take?

The registration process usually takes around 15-30 days from the date of application submission, provided all necessary documents are available and correct.

4. What happens if a marriage does not get registered?

A marriage is legally valid even without registration. However, a marriage certificate provides a strong legal proof of marriage which might be required in situation like procuring a passport, changing your maiden name, etc.

5. How is property divided in a divorce?

Property division in a divorce is dependent on various factors including financial contributions from both parties and the welfare of children, if any.

6. What is a prenuptial agreement?

A prenuptial agreement is a legal contract between two individuals who intend to marry, outlining how assets and debts will be divided between them in the event of a divorce.

7. Can a person remarry without getting divorced?

Bigamy is a punishable offence in India. You cannot remarry if you have not legally been divorced from your previous spouse.

8. How are child custody issues settled?

Child custody issues are decided in court based on the best interests of the child. The court takes into consideration several factors such as financial stability, emotional bonding and the child's preference, where applicable.

9. Can foreign citizens marry in Patna?

Foreign citizens can marry in Patna provided they have resided in India for at least 30 days prior to the marriage and can produce a 'no objection certificate' from their respective embassy or consulate.

10. What is the process of obtaining a divorce in Patna?

The process of obtaining a divorce is guided by the religious law applicable to the marriage. Generally, it involves filing a petition to the Family Court, followed by mandatory settlement attempts before the trial begins.

Additional Resources

Government bodies like the Department of Social Welfare and the Ministry of Law and Justice provide numerous resources regarding marriage laws. Non-profit organizations like the National Commission for Women also offer advice and support for legal matters pertaining to marriage.

Next Steps

If you need legal assistance, the first step is to consult with a lawyer who is knowledgeable about marriage laws in Patna. They can provide guidance based on your specific situation, assist you in understanding the intricacies of the law, and help you navigate the legal processes involved in marriage, divorce, alimony, child custody, and related matters.