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Yes. Both sons and daughters bear the duty to maintain parents equally. Even married daughters have a duty to maintain their parents. However, the court will order her to pay only from her own money and assets. The married daughter’s husband has no duty to support his wife’s parents.
Theme: Family & Marriage
If my parents have filed a maintenance application against me, can I also involve my brother?
Yes, if you have siblings or other relatives who are legally supposed to maintain your parents/ senior citizen, you can file an application to get them involved in the case. Consult a lawyer for help with the process to file the application.
What are the main authorities that regulate adoption in India?
The following authorities do adoption work in India:
- Central Adoption Resource Authority – It is the central authority in charge of monitoring and regulating adoptions in India, receiving applications for inter-country adoptions, maintaining a database of children to be adopted, etc. Each state has a subset of this authority known as the State Adoption Resource Agency which works for the promotion, facilitation, monitoring and regulation of adoption in the states.
- Child Welfare Committee – It takes cognizance of the children brought before it, conducts enquiry and declares them free for adoption, etc.
- District Child Protection Unit – It aims to identify orphan, abandoned and surrendered children in the district and get them declared legally free for adoption by Child Welfare Committee, tracking the progress of children legally free for adoption, etc.
- Specialized Adoption Agencies – It is responsible for the care, protection and well-being of every child in its charge, and works for their needs.
The following authorities are in-charge of inter-country adoptions (adoption of children who are foreigners or foreigners adopting Indian children):
- Authorised Foreign Adoption Agency – It registers the prospective adoptive parents interested to adopt children from India and completes their Home Study Report, provides orientations to the parents about the child’s culture, etc.
- Indian Diplomatic Missions – It registers the adoption applications of Non-Resident Indian Prospective Adoptive Parents or Overseas Citizens of India in the Child Adoption Resource Information and Guidance System, and processes them, etc.
If I live in Delhi, can I adopt a child from Gujarat?
Yes, you can adopt a child from a different state than the one you live in. To do this, while you are registering with Central Adoption Resource Authority, you should indicate your preferred states for adopting a child.
How long does it take to adopt a child in India?
The wait time depends upon several factors like choice of gender, age, medical condition of the child, preference of the state, etc.(( Central Adoption Resource Authority, FAQs, http://cara.nic.in/PDF/faqs.pdf.)) Therefore, it is difficult to ascertain the exact time period. Please see here for more information.
Can same sex couples adopt in India?
Although LGBTQ+ persons can adopt in India, same sex couples cannot. If you are a same sex couple, you may adopt a child separately and raise him/her together, but both you and your spouse cannot be legal parents of that child in India.
How is it decided who gets to adopt a child first, if multiple people have applied for adoption?
The decision is taken on the basis of seniority of prospective adoptive parents. Seniority is calculated from the date of successful registration, including submission of documents.(( Regulation 41, Adoption Regulations, 2017.)) For example, if Mini registered on 1st May, 2019, and Sita registered on 28th May, 2019, Mini is senior to Sita in terms of eligibility to adopt a child.
What is a home study report?
A home study is a report, valid for 3 years, conducted by the Specialised Adoption Agency (SAA) closest to your residence to determine your eligibility and suitability to adopt a child, and it includes details like social and economic status, family background, description of home and atmosphere therein and health status.(( Regulation 2(11), Adoption Regulations, 2017.)) This report will be completed within 30 days of your registration, and posted on the Child Adoption Resource Information and Guidance System (CARINGS). Please see here for more information.
What is the difference between adoption and guardianship?
Adoption is different from guardianship. A guardian is a person who cares for a child or for his property till the child becomes an adult (turns 18 years old), but it does not create lasting legal or familial ties like adoption. For example, Aman’s parents are not alive anymore so his uncle may apply for guardianship. As Aman’s guardian, his uncle has the legal responsibility of his upbringing, property, major financial decisions etc.
There are two main legislations on guardianship:
- If you are a Hindu, you can refer to both Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.
If you belong to any religious community except Hindu, you can refer to the Guardians and Wards Act, 1890.
Adoptive parent provide the child nothing with care
If anyone who has charge of or control over a child assaults, abandons, abuses, exposes or deliberately neglects the child, causing the child unnecessary mental or physical suffering, that person can be punished be punished with imprisonment for up to three years and/or a fine of Rupees one lakh.(( Section 75, Juvenile Justice (Care and Protection of Children) Act, 2015.))
Also, for any general adoption by a parent in India, a Specialised Adoption Agency (SAA) has to prepare a post-adoption follow-up report every six months for two years after the child has been placed with the adoptive parents.(( Regulation 13(1), Adoption Regulations, 2017.)) In case the child is having any adjustment problems with the adoptive parents, the SAA has to arrange counseling for such adoptive parents and adoptees.(( Regulation 13(5), Adoption Regulations, 2017.))
If a child is not able to adjust with the adoptive family, an application can be filed by the SAA in the Court which gave the adoption order, asking the Court to invalidate the adoption.(( Regulation 13(7), Adoption Regulations, 2017.)) If the adoption is terminated by the Court, the child can again be put up for adoption by other prospective parents.(( Regulation 13(8), Adoption Regulations, 2017.))
If the child is a Hindu and has been validly adopted by a Hindu parent under the Hindu Adoptions and Maintenance Act, the adoption cannot be cancelled by the adoptive father or mother or any other person, and the adopted child cannot give up the adopted status and return to the family of birth.(( Section 15, Hindu Adoptions and Maintenance Act, 1956.))
Guide on Registration of Inter-religious Marriages
How can the guide help you?
The Nyaaya Guide on Inter-religious Marriages outlines the process involved if you wish to enter into an inter-religious or inter-faith civil marriage. Under the Special Marriage Act, 1954, two people belonging to different religions can get married without converting to another religion. This guide summarizes the legal and procedural aspects of entering into an inter-religious (special) marriage, including giving notice of the marriage, performing the marriage, and obtaining the marriage certificate.
What are the laws being discussed in the guide?
The Nyaaya Guide on Inter-religious Marriages explains the Special Marriage Act, 1954. This Guide only covers the general law based on the Special Marriage Act, and you might have to refer to state-specific Special Marriage rules and procedures for more detailed information suited to your situation.
PROCEDURAL INFORMATION
Things to Remember Before Applying
Who can get married under the Special Marriage law?
Irrespective of religion, any two people can marry under the Special Marriage Act as long as certain conditions1 are fulfilled. However, the Act only provides for a marriage between a man and a woman, and has not yet expanded its scope to cover same-sex couples and transgender people.
| Recently, the Delhi High Court took up a petition which seeks that the Special Marriage Act (SMA) should apply to all couples regardless of gender identity and sexual orientation. The Court asked the Central government to respond to the petition, filed by members of the lesbian, gay, bisexual and transgender (LGBT) community and activists Abhijit Iyer Mitra, Gopi Shankar M., Giti Thadani and G. Oorvasi. |
Who is eligible to marry under the Special Marriage law?
- If you want to get married under this law, then at the time of the marriage you should be:
- Single or Divorced. You should not be married to another person who is currently alive.
- Capable of giving consent to the marriage with a sound mind.
- Fit for marriage. This means you should not be suffering from any mental disorder that prevents you from having children.
- Of marriageable age. At least twenty-one years of age (if you are a man), or eighteen years of age (if you are a woman).
- In a relationship which is not prohibited by law. For instance, you cannot marry your own brother, sister, aunt etc. You can see the list of prohibited relationships here.((First Schedule, Special Marriage Act, 1954.))
| In some cases, despite your relationship being prohibited by law, your custom might still permit a marriage with another person. In this case, you can get married because your custom allows you to do so. |
Where do you go to register an Inter-Religious (Special) Marriage?
To register a special marriage, you should go to the Marriage Officer’s office, found in every district.
STEPS FOR AN INTER-RELIGIOUS (SPECIAL) MARRIAGE
1. Giving Notice of the Marriage
If you want to get married under the Special Marriage Act, you need to give a written notice of the marriage. The notice should be sent to the Marriage Officer of the district where you or the person you want to marry have been living. You should have been living in the district you are giving notice in for at least thirty days before notifying the Officer.
You have to submit documents for registering the marriage. While the required documents vary according to the State/Union Territory, here is a general list of documents you might require:
- Multiple copies of the signed Marriage Application Form
- Age Proof (Birth Certificate, Passport, etc.)
- Address Proof (Ration Card, Passport, Voter ID Card, etc.)
- Photo Identity Proof (PAN Card, Voter ID Card, etc.)
- Passport-size photographs of the bride and bridegroom
The marriage must be performed within three months from the date of giving notice to the Marriage Officer, or the notice becomes invalid. After that, no Marriage Officer will conduct the marriage until you give a new notice.((Section 14, Special Marriage Act, 1954.))
2. Publication of the Notice
The Marriage Officer will keep the notice with their office records and enter a true copy in the Marriage Notice Book, which can be inspected by any person at all reasonable times, free of cost.((Section 6(1), Special Marriage Act, 1954.)) The Officer will also publish the notice by attaching a copy of the notice in a clearly visible place in their office.((Section 6(2), Special Marriage Act, 1954.))
At the time of applying for marriage, if you are not permanently residing within the district, the Marriage Officer will transfer a copy of the notice to the Marriage Officer of the district where you are permanently residing, and that Marriage Officer will attach a copy of the notice in a clearly visible place in their office.((Section 6(3), Special Marriage Act, 1954.))
3. Objecting to the Marriage
After a Marriage Officer publishes the marriage notice, any person can object to the intended marriage if it violates any of the conditions for a valid marriage under the Special Marriage Act. The objection must be made within thirty days of the notice publication.((Section 7(1), Special Marriage Act, 1954.))
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Objection and Inquiry If a person makes an objection, the Marriage Officer will record the nature of the objection in the Marriage Notice Book, and read it over and explain it to the person making the objection. The person objecting or someone on their behalf must sign the record.((Section 7(3), Special Marriage Act, 1954.)) If an objection is made, the Marriage Officer will not perform the marriage until they have inquired into the objection and are convinced that the marriage can be conducted and registered. The Officer should inquire and make their decision within thirty days of the objection.((Section 8(1), Special Marriage Act, 1954.)) While inquiring into the objection, the Marriage Officer has judicial powers like a civil court for summoning and examining witnesses, asking for documents, etc. The Officer can summon any person within the district to give required evidence.((Section 9(1), Special Marriage Act, 1954.)) If the Officer believes that the objection is unreasonable and not in good faith, they may impose compensation costs of up to Rupees one thousand on the objecting person, and give the compensation to the couple getting married.((Section 9(2), Special Marriage Act, 1954.)) |
4. Upholding Objection
If the Marriage Officer upholds the objection and refuses to perform the marriage, you can appeal to the concerned district court i.e., the court having judicial authority in the district where the Marriage Officer has their office. You should make the appeal within thirty days of the Officer’s refusal. The district court will take the final decision on the appeal, and the Officer will obey the decision of the court.(( Section 8(2), Special Marriage Act, 1954.))
If the marriage is not performed within three months of the court’s decision, the marriage notice becomes invalid, and no Marriage Officer will conduct the marriage and you will have to give a new notice.((Section 14, Special Marriage Act, 1954.))
Examples of objections that have been upheld
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5. Performing the Marriage
Before the marriage is performed, you, the person you are marrying, as well as three witnesses, should sign a declaration(( Section 11, Special Marriage Act, 1954.)) in front of the Marriage Officer. The Officer will also sign the declaration.
You can perform the marriage at the office of the Marriage Officer. You can also choose to get married at any other place within a reasonable distance from the office. However, for this, you have to pay additional fees.2
You can conduct the marriage in any form or religious practice that you wish to follow. For instance, it can be a Hindu religious ceremony or a wedding in a church. However, any special marriage is only complete if you and the person you are marrying say the following statement in front of the Officer and three witnesses:
“I, (A), take (B), to be my lawful wife (or husband)”.
This statement can be made in any language you understand.(( Section 12(2), Special Marriage Act, 1954.))
6. The Marriage Certificate
After the marriage has been conducted, the Marriage Officer will enter a certificate in the Marriage Certificate Book.
You, the person you are marrying as well as three witnesses must sign the marriage certificate.3 After the Officer enters the certificate in the Book, this certificate becomes conclusive evidence of the marriage.
| The marriage certificate is legal proof of a marriage under the Special Marriage Act, 1954. It confirms that the marriage is valid and has been completed with all formalities under the law. |
RESOURCES
Help and Support
Given below are specific State/Union Territory registration websites and related online services for Special Marriages.
Checklists
- Check whether you are eligible to marry under the Special Marriage Act, 1954.
- Notify the district Marriage Officer about the intended marriage.
- Submit the marriage application form, along with required documents and fees.
- Check whether anyone has objected to the marriage.
- Ensure that you have three witnesses to the marriage.
- Sign the marriage declaration and ensure that you make the statement: “I, (A), take (B), to be my lawful wife (or husband)” in front of the Marriage Officer.
- Get a copy of the Marriage Certificate from the Marriage Officer.
Source of Information
- Legislation
- Legal news articles
Plea to recognise same-sex marriages, Bar and Bench, accessed at https://www.barandbench.com/news/litigation/delhi-high-court-grants-last-opportunity-centre-respond-recognise-same-sex-marriages
- Nyaaya Daily
5 things you didn’t know about Inter-religious Marriages, accessed at https://nyaaya.redstart.dev/nyaayadaily/5-things-you-didnt-know-about-inter-religious-marriages/
GLOSSARY TERMS
- Marriage Officer – A person appointed by the State Government after notification in the Official Gazette. The main duty of a Marriage Officer is to facilitate the marriage registration and provide the certificate of marriage.
Ending a marriage under Hindu Marriage Law
The law on marriage recognizes emotional and marital needs; this includes many legal obligations such as owning property, taking care of your children, etc. When you end your marriage, the marital relationship comes to an end. Some legal obligations may continue to exist.
Marital Relationship
The law understands a marital relationship to include:
- Emotional Support
- Sexual Relationship
- Children and Domestic Responsibilities
- Financial Support
Legal Obligations
You and your spouse have certain legal obligations throughout your marriage. Some of these obligations may continue even after a divorce takes place.
Examples of these legal obligations are:
Alimony or Maintenance
- The Court may sometimes ask you to pay money to your spouse and this is a legal obligation you will have to incur after divorce. This is known as maintenance.
Parental Responsibility
- The Court may decide who will have custody of your children and how to take care of them financially.
Marriage of Children
A child marriage is a marriage between the parties where:
- Both people marrying are minors, or
- One of them is a child/minor.
For a woman, age of marriage is 18 years.
For a man, age of marriage is 21 years.
Under Muslim personal law, the age of marriage is puberty (15 years of age). So, if you are below 18 years/21 years respectively and you get married, your marriage is not illegal. However, you can choose to cancel the marriage under the child marriage law.
Legal Hindu Marriage
For a marriage to be legally recognized as a Hindu marriage, the following conditions must be met:
- The couple should be seen as Hindus by law.
- The husband is over 21 and the wife over 18 years of age when the wedding took place.
- Both husband and wife are of sound mind.
- Neither husband nor wife can be married at the time of marrying each other.
- Husband and wife are not in a prohibited relationship.
- Husband and wife are not sapindas of one another.
If any of these conditions are not met, then the law may not recognize your Hindu marriage as being legal, and in some cases, you might face punishment.
What is Adoption?
Adoption is(( Section 2(2), Juvenile Justice (Care and Protection of Children) Act, 2015; Section 63, Juvenile Justice (Care and Protection of Children) Act, 2015.)) the process through which a prospective adoptive parent(s) lawfully assumes the responsibility of a child, including all the rights, privileges and responsibilities that have already been given to the child. After the legal formalities of adoption are done, the child is permanently separated from their biological parents and is assumed to be the child(( Section 63, Juvenile Justice (Care and Protection of Children) Act, 2015)) of the adoptive parents.
In India, the laws on adoption are based on the religion of the parents and the child. You can choose which law applies to you from the options given below.
If you are a Hindu, Buddhist, Jain and Sikh
If you are a Hindu, Buddhist, Jain or Sikh (referred to collectively as Hindu) then you have the option of adopting under the Hindu adoption law known as the Hindu Adoptions and Maintenance Act, 1956 (HAMA). It provides for adoption of Hindu children(( Section 2(1), Hindu Adoption and Maintenance Act, 1956.)). You cannot adopt under this law if you are a Muslim, Christian, Parsi or Jew, or from Scheduled Tribes(( Section 2(2), Hindu Adoption and Maintenance Act, 1956.)). If you want to adopt under the Hindu law, read more here.
All other religions
If you do not want to or cannot adopt under a religious law, then you have the option of adopting under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which is a general adoption law under which any person of any religion(( Section 56 (1), Juvenile Justice (Care and Protection of Children) Act, 2015.)) can adopt, including Hindus, Scheduled Tribes, etc. Read more to understand how the process of adoption works under this law.
See the table given below if you want to understand which law you should adopt under:
| Hindu Adoption and Maintenance Act, 1956 (HAMA)
(Hindu Law) |
Juvenile Justice (Care and Protection of Children) Act, 2015
(Non-Religious Law) |
| Adoptive Parents can only be Hindu, Buddhist, Jain or Sikh. You cannot adopt under this law if you are a Muslim, Christian, Parsi or Jew or from Scheduled Tribes. | Adoptive Parents can be of any religion, caste or tribe. |
| Only Hindu children can be adopted | Any child of any religion can be adopted |
| Children up to 15 years can be adopted | Children up to 18 years can be adopted |
| Procedure to adopt is not given in detail. Usually a deed is executed to adopt the child. | The procedure for adoption is different for different categories depending on who you are:
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Children taking care of Parents
Indian law requires all persons to maintain and support their parents – biological, step-parents as well as adoptive depending on the circumstances. The Maintenance and Welfare Of Parents And Senior Citizens Act, 2007 is a special law under which a senior citizen (above 60 years) can apply to a tribunal for maintenance from their adult children or legal heirs. You can apply for maintenance if you are unable to take care of yourself.
Who can you complain to regarding a grievance under the law?
In case a person has given the notice to have their marriage performed by or in the presence of a Marriage Registrar, and the Registrar has refused to issue a certificate of marriage, one can approach the Court. Those residing in the towns of Mumbai, Kolkata, and Chennai can directly approach their respective High Courts, while those not residing there can approach the District Court.(( Section 46. Indian Christian Marriage Act, 1872.))
Complaints regarding minor marriages
The Marriage Registrar must wait for 14 days from the date of receiving the notice in order to issue a certificate of receipt of notice, when one party is a minor (below the age of 21 for Christian Marriages). However, in case one cannot wait for 14 days in order to get the certificate, they can file a petition in their respective High Court, to get the certificate of receipt of notice within 14 days of the notice. However, this option is available only to the residents of Kolkata, Mumbai, and Chennai.(( Section 43, Indian Christian Marriage Act, 1872.))
Who can get married under Christian Law?
Any two persons, where one or both participants are Christians, can get married under Christian law.(( Indian Christian Marriage Act, 1872, Section 4.))
In the eyes of law, any person who truly believes in the Christian faith will be a Christian.(( Indian Christian Marriage Act, 1872, Section 3.))
Whether or not they have been baptised into the faith need not determine their status as a Christian. Rather, the law looks at the genuineness of the person’s faith in the religion, to determine whether they are a Christian or not.(( Maha Ram v. Emperor AIR 1918 All 168, K.J.B. David v. Nilamoin Devi, AIR 1953 Ori 10.))
Minimum Age for Marriage
While the law does not prescribe a minimum age for getting married, the law provides for a special procedure for the marriage of minors. For the purposes of Christian Marriage, a minor is anyone below the age of 21, and someone who is not a widow/widower.(( Section 3, Indian Christian Marriage Act, 1872.))
However, the Prohibition of Child Marriage Act makes every marriage involving a child (below 18 years), illegal but voidable at the option of the child.(( Section 3(1), Prohibition of Child Marriage Act, 2006.))
In situations where the minor is between 18 to 21 years old, they would require the consent of either their father, guardian, or mother to get married under the law.1 To know more about the special procedures of marriage of a minor, read our explainer on Marriages of Minors under Christian Law.
Prohibited Marriages under Christian Law
Certain personal laws may absolutely prohibit a person from marrying a certain person, such as marriage between siblings.(( Canon 1092, Code of Canon Law.)) The Christian Marriage law does not allow for such prohibited marriages and such marriages are considered to be invalid under this law.(( Section 88, Indian Christian Marriage Act, 1872.)) However, a person still has the option to marry under the Special Marriage Act, and the impediment of personal laws won’t be applicable for such a marriage. To learn more on special or inter-religious marriages, read our explainer on Inter-Religious Marriage.
- Sections 19 & 44, Indian Christian Marriage Act, 1872. [↩]
What are the schools of Muslim law?
There are various schools of Muslim law. The law on Muslim marriages comes from the interpretation of the Quran by scholars. Thus, most Muslim marriages are guided by customs derived from interpretations followed through generations. The laws and customs that apply to each person following Islam differ based on the sect of the person. Further, different branches of customs have emerged within sects. These branches have specific laws known as “Schools of Law”.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.28.))
In India,(( Consultation Paper on Reform of Family Law, Law Commission, available at https://lawcommissionofindia.nic.in/reports/CPonReformFamilyLaw.pdf.)) parts of Muslim personal law were written down in 1937 as the Muslim Personal Law (Shariat) Application Act, 1937 as well as the Dissolution of Muslim Marriages Act,1939. These two laws in many ways have led the reforms in family laws. However, Muslim marriages are guided by the Islamic religious precepts. In Islam, there are two sects- Sunni and Shia. Each sect practices different schools of law. This means that depending on the sect, the marriage procedure differs for a bride and a groom.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.28.))
Ending a Muslim Marriage
Divorce in Islam is governed by the Quran and other customary practices. These principles have been recognized by the law and this is what people are bound by. Since the origin of all this law is the Quran and many non-codified customs followed by people, the laws on marriage and divorce are not linear and clear. However, there are basic principles of what will constitute a valid divorce for Muslims across sects.
Marriage is a contract under Muslim law, which may be in a written form or an oral form. A married Muslim couple under the law has to fulfill certain marital obligations such as living together and having sexual relations. Apart from marital obligations, they also have certain legal obligations to fulfill, such as:
- Dividing the property (land, flats, investments and insurance) of the husband and wife.
- Giving maintenance to the wife.
- Right to dower/mehr of the wife.
When a Muslim marriage ends, it means that the contract you have with your husband or wife has also ended. This, in turn, stops marital obligations between your spouse and you but does not necessarily stop all the legal obligations.
There are two ways by which, a marriage can end:
Death of a Spouse
Death of either your husband or your wife ends the marriage. Since the nature of the marriage is of a contract, it is as if death has resulted in the spouse exiting the contract.
Divorce
Divorce for Muslims can happen without involving the Court. However, if required, you can involve the court in the case of a dispute during a divorce. During a divorce, either you or your spouse can initiate the divorce.
Marriage can end in either of the following ways:
- When the husband chooses to end it.
- When the wife chooses to end it.
- When both husband and wife end it together.
In most cases, it is the man who has more options than the woman to say that he no longer wishes to be part of the marriage without approaching the court. The woman has only one way of doing this. However, she has other recourses through the Court.
Filing for Divorce under Hindu Marriage Law
Divorce is a final and irrevocable act of separating from your spouse. There are other forms of separation that are not as final.
If there has been a valid marriage you can file for a divorce. However, if the validity of your marriage is in question then you still have to approach the Court to separate legally through separation by annulment.
Approach a Court
You have to go to Court to file a divorce case. While the divorce case is going on, you will continue to have certain duties towards your spouse and children such as giving financial support to them.
Husband Wants Divorce for Muslim Marriage
As a man in a Muslim marriage, you can simply divorce your wife by ending the contract of marriage you have entered. You don’t necessarily have to approach the Court since you have many options of ending the contract of marriage through various methods prescribed under Islam.
Since your marriage is a contract, you can decide to end your marriage simply because you choose to do so. Divorce is not fault-based in Islam. That is, unlike divorce in other religions, you need not have been harmed by your spouse either through cruelty, adultery or due to some irrecoverable illness in any way for you to want to leave your marriage.
The ways in which a husband can initiate divorce are as follows:
Talaq-e-Ahsan
Stage 1
During the period of Tuhr, in the Ahsan form of divorce, you have to say ‘talaq’ only once.
Stage 2
You can take back this ‘talaq’ during the period of her iddat. For example, you can revoke your talaq by saying the words ‘ I have retained thee’ or ‘I take back my talaq’ or by the act of having sexual intercourse with your wife. In case you could not take back your divorce before the iddat period gets over then the divorce takes place and is irrevocable. Once the divorce takes place you will have to pay maintenance to both your wife and child for their well-being.
Talaq e-Hasan
In the Hasan form of divorce, the husband has to say the word ‘talaq’ in three successive periods of tuhr.
Tuhr
Tuhr, means purity, and refers to the time when your wife is not experiencing menstruation. The wife is not allowed to have sexual intercourse with anyone during this period. You can take back the talaq after every successive period of tuhr.
Process of Divorce
Stage 1
Talaq has to be said by you when your wife’s menstruation period is over. During this period, you are not allowed to have sexual intercourse but if you do, it would mean that you have taken back your decision to divorce your wife. You can revoke your decision through words by saying it or writing it.
Stage 2
Talaq has to be said by you for the second time when your wife experiences menstruation again. At this point also, you can revoke your decision to divorce her through words or conduct.
Stage 3
This is the final Talaq that has to be said by you after your wife stops experiencing menstruation. It cannot be taken back and it is the final talaq, meaning that the divorce is final. After this, the marriage between you and your wife is over and you cannot take back the divorce anymore.
Both the Ahsan and Hasan form of Divorce are practiced and approved by Sunni and Shia Muslims.
Prohibition of Child Marriage
Child marriage is an age old practice in India. To address this social issue, the law prohibits people from performing child marriages and lays down punishments for those involved in conducting the marriage.
However, if a child has been married, the law does not immediately make the marriage illegal. The child so married has the option to cancel the marriage or continue the marriage.
According to certain personal laws (laws that govern different religions on aspects like marriage, divorce etc.), in India, marriage is allowed after the child has attained puberty. This can happen before the child has turned 18 years (in case of girls) or 21 years of age (in case of boys). On several occasions, Courts have held that such marriages conducted under personal laws would not be illegal. However, the child married under such laws would still have the option to cancel their marriage as per the child marriage law.
However, in certain circumstances, some child marriages are considered to be absolutely illegal.
Hindu Spouse
If you want to be a Hindu spouse and marry under the Hindu Marriage Act, you have to be one of the following set of persons:
- Any person who is a Hindu by religion. This includes Veerashaiva, Lingayat or a follower of the Brahmo, Prarthana, or Arya Samaj.
- Buddhist, Jain or Sikh by religion.
- Any other person to which the Act applies who is not a Muslim, Christian, Parsi, or Jew by religion.
If you are governed by Hindu law or custom or usage, then you can marry under the Hindu Marriage Act.
Who can be Adopted?
Adoption under Non-Religious Law
Under the non-religious law on adoption,(( Juvenile Justice (Care and Protection of Children) Act, 2015.)) the following children can be adopted:
- If the children given below are declared legally free for adoption by the Child Welfare Committee:
- Any orphan who is a child without biological parents, adoptive parents or a legal guardian(( Section 1(4), Juvenile Justice (Care and Protection of Children) Act, 2015.))
- Abandoned child who is a child deserted by their biological parents
- Surrendered child who is a child who has been given up by the parents to the adoption authorities
- Child of a relative.(( Section 56(2), Juvenile Justice (Care and Protection of Children) Act, 2015.))
- Child of a spouse who is surrendered by the biological parent, to be adopted by the step-parent.
Adoption under Hindu Law
Under the Hindu law on adoption,(( Hindu Adoption and Maintenance Act, 1956.)) children can be adopted only if they meet the following criteria,51 with some exceptions based on customs and usage:
- They are not married
- They are below 15 years of age
- They are Hindu
- They are not already adopted
- [↩]