Remedies against harassment by Recovery Agents
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: admin 2021-02-12 07:34:18
by: Admin 2021-02-04 07:13:42
by: Adv. Kishan Dutt Kalaskar 2021-02-03 11:47:51
by: Adv. Kishan Dutt Kalaskar 2021-01-25 14:10:26
by: Adv. Kishan Dutt Kalaskar 2021-01-14 12:43:56
Remedies against harassment by Recovery Agents
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Divorce means the dissolution of marriage. It is the process of terminating a marriage or marital status. The Hindu Marriage Act, 1955 govern Hindus (which includes Sikh, Jain, Buddhists). Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act, 1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act, 1939 & the Muslim Women Act, 1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. Moreover, there is also a secular law called the Special Marriage Act, 1954.
The Special Marriage Act, 1954 is enacted to provide a special form of marriage for the Indian people and all other Indian nationals residing in foreign countries, irrespective of the religion followed by either party. Personal laws do not govern marriages solemnized under the Special Marriage Act. The Special Marriage Act was drafted into the Indian legal system in the year 1954 as one of independent India’s most prominent secular measures. The Act was designed to be a legislation that governs marriages which could not be solemnized under the various religious customs. The Act applies to all Indian citizens, whether residing in India or abroad. The State of Jammu and Kashmir is excluded under the ambit of this Act, though residents domiciled in other states but residing in Jammu and Kashmir would qualify for these provisions.
Primary Objectives
The Special Marriage Act, 1954 has replaced the old Act III of 1872. There are three primary objectives of the Act:
Applicability
The Act applies to the following:
Conditions for Marriage
Marriages under this Act are endorsed based on the following conditions:
Court Marriage is a union of two souls where the ceremony of the oath is performed as per the Special Marriage Act-1954 before the Registrar of Marriage. It is registered in the presence of three witnesses; then a marriage certificate is issued by the Marriage Registrar appointed by the Govt. of India. Marriage is solemnized between man and women before the court of law.
Section 27 of the special marriage act mentions the provision for divorce in the following way:-
(1) A divorce petition may be filed to the district court either by the husband or the wife on the following grounds.
Void Marriage
A marriage under this Act will be deemed void if:
In this context, a petitioner refers to either of the party who wishes to abate his/her marriage with the other person, who is known as the respondent.
The right of the petitioner to file divorcé is affected in the event of the following circumstances:
The divorce by mutual consent is marked under two different section, i.e., Section 28 of the Special Marriage Act, 1954 and Section 13 B of the Hindu Marriage Act, 1955. In order to seek divorce by mutual consent, the parties must be living separately for at least one year and must resolve towards the end of the marriage. They must not be performing marital obligations – physical separation is not a criterion. The marriage must be beyond reconciliation, and presenting a petition for divorce together does not indicate amicability. Consent, however, must be free. If after six months the petition is not withdrawn, the parties may move the court within 18 months, after which the Court may grant the divorce.
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