Under Section 125 of the Code of Criminal Procedure, if any person with sufficient resources refuses to maintain or ignores parents who are unable to maintain themselves, then a Magistrate of the First Class can order them to give a monthly allowance for maintenance.
You can consult a lawyer about the process to file a complaint and obtain such an order.
As per the law, a person licensed to grant Marriage certificates can only certify marriage between two Indian Christians,(( Section 60, Indian Christian Marriage Act, 1872.)) neither of them coming from the Roman Catholic faith.(( Section 65, Indian Christian Marriage Act, 1872.)) Under these provisions, any two Indian Christians can marry, without preliminary notices, if they fulfil the following conditions:
Upon receiving an application in person from any one of the parties, the licensed person will see whether the above criteria have been met, and shall issue a certificate for the marriage. The fee for obtaining such a certificate is four annas, that is, 25 paise. This certificate will act as conclusive proof for the validity of the marriage performed.(( Section 61, Indian Christian Marriage Act, 1872.))
Certain relationships are prohibited under the law. This means that a person cannot marry certain kinds of relatives:(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.332.))
Blood Relations
You cannot marry your mother, grandmother, daughter, granddaughter, sister, niece, great-niece, aunts, or great-aunts. You also cannot marry someone who is also related to you through such relatives. For example, you cannot marry your great granddaughter.
Relatives through Marriage
You cannot marry your wife’s mother/grandmother, wife’s daughter/granddaughter, son’s wife in the case of a second, third or fourth marriage.
Relatives through Fosterage
All relations prohibited through blood relations and marriages apply to foster relationships as well. Example, a man cannot marry his foster mother’s daughter.
Cruel Behavior is a ground of divorce under Hindu Marriage Law. Cruelty is behavior or conduct which causes harassment to you. Cruelty may be in two forms:
Physical
Mental
The act of cruelty is gender-neutral, meaning, a husband can file the case against the wife for cruelty and vice-versa.
Under Muslim law, there are provisions for divorce due to missing husband.
You can file for divorce if you do not know the whereabouts of your husband for a period of 4 years.
In certain cases under the child marriage law, the marriage would be absolutely illegal and will be considered to have not occurred in the first place. Such instances are as under:
Trigger Warning: The following content contains information which some readers may find disturbing.
The law states that people with mental illnesses usually do not have the capacity to enter into valid legal marriages. Mental illness means a substantial disorder of thinking, mood, perception, orientation or memory that severely impairs judgement, behavior, capacity to recognize reality or to meet the ordinary demands of life, and mental conditions associated with the abuse of alcohol and drugs.(( Section 2(s), Mental Healthcare Act, 2017.))
A person planning on getting married should be able to give valid consent. If you are not able to give consent because of:
While the provision of the law may not cover all kinds of mental illnesses, there are no proper guidelines on what kind of illnesses or the degrees of illness make you unsuitable for marriage.
The types of adoption given below are only applicable to you if you decide to follow the non-religious law on adoption.(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) If you follow the Hindu adoption laws,(( Hindu Adoption and Maintenance Act, 1956.)) there are no specific types of adoptions.
These are the following categories of adoption procedures:
The duty to maintain parents exists even after the death of your child or legal heir. Upon an application, the court may order that a portion of the child or legal heir’s wealth and assets be given to you, if you are old and infirm. The amount of maintenance in such cases will be calculated as per the rules of inheritance applicable after the death of your child or legal heir. The amount due to you will be decided by a court after considering a number of factors such as:
A marriage performed by a Marriage Registrar is divided into 4 stages:
If a couple wishes to be married by a Marriage Registrar, one of them must give a notice in person to the Registrar of the district in which the couple lives. In case they live in different districts, the notice shall be given to the Registrars of both the districts. The notice shall state their intention to be married, in the prescribed format, and should mention the following:
Given below is a sample notice:
The notice will be pasted by the Registrar at a conspicuous place in the office,(( Section 39, Indian Christian Marriage Act, 1872.)) and will be entered in the Marriage Notice Book kept in the office.1
After at least four days of receiving the notice by the Registrar,(( Section 41, Indian Christian Marriage Act, 1872.)) one of the parties intending marriage must make an oath to the Registrar, stating that there are no legal problems in performing the marriage, and that they live within the District of the Registrar’s office.(( Section 42, Indian Christian Marriage Act, 1872.)) In case one of the parties is a minor, one of the parties must also take an oath stating that the necessary steps have been taken.(( Section 42, Indian Christian Marriage Act, 1872.)) To know more about the special procedures of marriage of a minor, read our explainer on Marriages of Minors under Christian Law.
After such a declaration has been made, the Registrar will issue a certificate to the parties, in the prescribed format, and the parties can be married by any Registrar or in the Registrar’s presence, within two months of receiving the certificate.(( Sections 41, 50-52, Indian Christian Marriage Act, 1872.)) Given below is a sample of a certificate of receipt of notice.
The certificates obtained must be produced in front of the Registrar at the time of marriage.(( Section 51, Indian Christian Marriage Act, 1872.)) The marriage will be conducted either by the Registrar themselves, or any other person authorized to do the same. The marriage ceremony must be attended by two witnesses, apart from the Registrar.(( Section 51, Indian Christian Marriage Act, 1872.)) In case two months have passed from receipt of the certificate, the entire process must restart with a fresh notice.(( Section 52, Indian Christian Marriage Act, 1872.))
After the performance of the marriage, the details of the marriage shall be entered in a register by the Registrar, in the prescribed format.(( Sections 53 & 54, Indian Christian Marriage Act, 1872.)) The entry will be signed by the Registrar, the person who performed the marriage (if marriage was performed by someone other than the Registrar), parties to the marriage, and two witnesses who had attended the ceremony.(( Section 54, Indian Christian Marriage Act, 1872.))
A certified copy of an entry in the marriage register, signed by the person under whose custody the register is kept, will act as evidence that the persons mentioned in the entry have been married according to the law.(( Section 80, Indian Christian Marriage Act, 1872.)) Upon payment of the prescribed fees to the Marriage Registrar, one can always inspect a marriage register which is within the custody of the said Registrar.(( Section 79, Indian Christian Marriage Act, 1872.))
Family & Marriage
Money & Property
Crimes & Violence
Police & Courts
Labour & Employment
Health & Environment
Citizen Rights & Constitution
Government & Elections
Media & Intellectual Property
Videos
Guides
Sample Forms
Statewise Information
General
Children
Women
LGBTQI+
Employees
Persons with Disabilities
Scheduled Castes & Tribes
Senior Citizens
Informal Workers