Under Muslim law, there are provisions for divorce due to incarceration of husband. If your husband has been convicted of a crime and is sent to jail for 7 years or more, then you can go to Court to file for a divorce.
Such decree for divorce may be granted only if the husband’s sentence has become final.
The law offers certain protections to girls who have been married below the age of 18 years and have filed for cancelling their marriage.
Payment of Maintenance
The district court can direct the husband, or in cases of minors, his parents or guardians, to pay some money as maintenance to the girl.
The Court while deciding the amount of maintenance, will keep in mind the lifestyle of the girl and the income of the person paying. This payment has to be given till the girl remarries.
Arrangements for Residence
The court can even order suitable arrangements for residence to be made for the girl until she remarries.
Void marriages are invalid from the beginning. These do not require annulment. Under the Hindu Marriage Act, Section 11 states certain situations where the marriage is void. The following are the situations:
Follow the steps given below to adopt a child from a foreign country as an Indian citizen.(( Regulation 22, Adoption Regulations, 2017.))
Step 1: Necessary formalities for adoption of a child from a foreign country will be completed in that country, as per their law.
Step 2: The relevant authority, depending on the laws of the country, shall issue approval of adoption, only on receiving the required documents (please ask the authority for more details on the same), and the following reports:
Step 3: A foreign child adopted by Indian citizens and having a foreign passport, will need an Indian visa to come to India. For obtaining this visa, you can apply for it to the Indian Mission in that country.
Step 4: The immigration clearance for the child adopted shall be obtained from the Central Government in the Foreigners’ Division, Ministry of Home Affairs, through the Indian Diplomatic Mission to that country.
You can file an application in a Maintenance Tribunal under the Maintenance And Welfare Of Parents And Senior Citizens Act, 2007. You can file with the Tribunal in the area where:
Once you file an application with the Tribunal, you cannot file an application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (which also gives you the same right).
After you have filed an application (the format will vary from state to state), the court will first notify your children and tell them that you have filed such an application. Then, the court can decide to refer the case to a Conciliation Officer, who will try to get the parties to agree to a friendly settlement. If the court does not refer the case, it will listen to both the parties.
The court will conduct an inquiry to figure out how much maintenance you need to be paid. An inquiry is not a full-fledged legal proceeding. Even though the law does not allow for representation by lawyers in these courts, there are high court judgments which have held that this right of lawyers cannot be restricted. This court is slightly informal in nature but it has the powers of a civil court and can order attendance of witnesses, take evidence on oath, etc.
If the court finds that your children or relatives are neglecting to take care of you, it can pass an order directing them to pay a monthly maintenance. The court can also order that interest (between 5% and 8%) be paid on the maintenance amount from the date of the application. If your children or parents are not paying the maintenance even after the court order, you can go to any similar court (maintenance tribunal) and ask for help in enforcing the order.
The Indian Christian Marriage law, which governs the law of Christian marriages, is applicable throughout India, except in the states of Travancore-Cochin and Manipur.
Travancore-Cochin is currently part of the Indian states of Kerala and Tamil Nadu. In the Cochin area of Kerala, Christian marriages take place as per the Cochin Christian Civil Marriage Act of 1920.(( Alex Xavier v. State of Kerala, Kerala High Court, W. P (C) No. 24424 of 2008.)) The Travancore portion of the former State spreads across the Southern parts of Kerala and Tamil Nadu. While Tamil Nadu has extended the application of the law to the entire State, including the portions of Travancore that are now a part of Tamil Nadu,(( Section 3, The Indian Christian Marriage (Extension to Transferred Territory) Act, 1995.)) Kerala has not done the same. So, in the Southern parts of Kerala, which were previously known as the state of Travancore, Christian marriages take place according to the internal laws of the Church, which will vary across denominations.(( Sujatha v. Jose Augustine,(1994) II DMC 442 : (1994) 2 KLT 4.))
The right to contract the marriage of a minor or a person with unsound mind in marriage belongs to the following sets of people who are guardians:(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.330.))
If these paternal relations are not there then the right goes to:
Under the Shia school of Law, the only guardians for marriage for minors are the father and the paternal grandfather.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.346.))
If you are in a Hindu marriage, the mental illness of your spouse can be a ground for divorce.
You can file for divorce if:
It is important to note that a few strong instances indicating a short temper and somewhat erratic behaviour on the part of your spouse may not amount to or be indicative of a mental disorder.
Divorce can only happen if your spouse’s mental disorder would lead to the behaviour of such a kind that you cannot reasonably be expected to live with him or her.
You can even ask the Court to direct your spouse to undergo a medical examination to ascertain that he or she is suffering from an unsound mind to prove your case.
Under Muslim law, you can file for divorce if your husband does not perform marital obligations. If your husband, without any reason, decides not to perform his marital obligations for more than 3 years then you can go to Court to file for divorce.
Marital obligations include:
Anyone can file a complaint of child marriage, including the child. It doesn’t matter whether the child marriage has taken place or not as it can be filed at any time before or after the marriage. A complaint can be made to any of the following authorities:
1098 is a toll-free number and it operates across India. It is operated by Childline India Foundation which works for child rights and child protection. Anyone, including children themselves, can call and give information on this number. You should educate children at schools or children who are working, about this helpline number so that illegal acts of child marriage can be prevented.
You can call the Police on 100 to report:
Alternatively, you can even go to a Police Station where you can file an FIR and report the same.
You can approach the local Child Marriage Prohibition Officer and report a child marriage to him. He will immediately proceed to take action against the persons responsible.
You can even approach your local Child Welfare Committee established under the law for juvenile justice to look into the matter. For example, in Delhi you can contact the committees based on the districts.
You can even directly file a complaint with the Judicial Magistrate (First Class) or the Metropolitan Magistrate. The Court will order the Police or the Child Marriage Prohibition Officer, as required to take action.
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