India is a secular country and a wide number of religions are freely practised. The major
religions practised include Hinduism, Islam and Christianity. People solemnise marriages in
accordance with religious rituals and ceremonies, which are mostly codified by statutory
personal laws. Therefore, the matrimonial laws in India, including laws on marriage, divorce
and other connected issues, are essentially governed by the personal laws of the parties
depending on their religion, which are codified by statute in most cases:
Hindu: Hindu Marriage Act 1955.
Muslim: Muslim marriage is a contract under Muslim law.
Christian: Indian Christian Marriage Act 1872 and the Divorce Act 1869.
Parsi: Parsi Marriage and Divorce Act 1936.
In addition, the Special Marriage Act 1954 applies to all persons of all religions. This is a
civil legislation and parties from all religions, caste or community can elect to marry under it.
A divorce would then be governed by the Special Marriage Act 1954.
All these laws apply throughout India.
The Family Court Act 1984 provides for the establishment of Family Courts with a view to
promote conciliation, and secure speedy redressal of disputes relating to marriage and family
affairs, and for matters connected with them. The Family Courts hear matters relating to
marriage, marital breakdown and the welfare of children. These courts are trial courts and are
presided over by Additional District Judges who undertake trials and review evidence. The
Family Courts follow the Civil Procedure Code. Family proceedings are generally public but
can be conducted in private at the request of the parties or if circumstances require. Being a
partner at Dwivedi and Associates, Attorney Jyoti Dwivedi has always been recognised for
her ability to handle family issues effectively and always look for the positive ways while
dealing with the sensitive family disputes.
Our services include :
Drafting Maintenance applications – interim maintenance and otherwise
Marriages under Hindu Marriage Act and Special Marriage Act
The procedure to be followed in inter faith marriage and how are the certificates
obtained and from where
Filing different kinds of divorces suits under different acts
Applications and suits for the custody of the children
Applying for mutations and family settlements and partitions
Application and procedure for adoption