MATRIMONIAL DISPUTES

MATRIMONIAL DISPUTES

Marriage Dispute Settlement Laws in India

With changing times, matrimonial disputes are on rise. Disintegration of joint families in India, erosion of social values, loosening of moral fabric, financial independence of modern women have all led to innumerable matrimonial disputes arising in Indian families.

Matrimonial disputes under the Indian legal system are very complicated and cumbersome. It requires a comprehensive understanding of the entire family law which may affect the matrimonial disputes in any legal manner. Since the matrimonial disputes in India have very wide ranging effects on the spouse, one needs the services of a highly trained and qualified Indian lawyer and advocate to handle the matrimonial disputes in Jaipur. The matrimonial disputes in India may be due to any reason but it culminates into civil as well as criminal proceedings.

The civil proceedings in the matrimonial disputes in India are the proceedings for grant of divorce, permanent alimony, maintenance, restitution of conjugal rights etc. whereas the criminal proceedings in matrimonial disputes can be proceedings under the anti dowry laws for prosecution of the husband under Section 498A, 406 IPC. Proceedings under section 125 of Crpc , proceedings under the Domestic Violence Act etc.

Statutory Provisions for Counseling for Marriage Dispute Settlement :

While counseling may have little impact on repairing a broken marital bond, reconciliation efforts are mandated under various personal law statutes in India. This includes:

The Hindu Marriage Act, 1955 The Act states that before proceeding to discuss the matter of maintenance and settlement, the court is liable to attempt for reconciliation of the parties. The court also has the authority to adjourn the case proceedings for up to fifteen days and refer the issue to a party named by the parties. If the parties fail to name an individual, the court may nominate a person to oversee the matter of reconciliation.

The Special Marriage Act The court is obligated to attempt reconciliation of individuals, married under the special marriage act, filing for a divorce. Reconciliation efforts are undertaken even if the couple file a joint petition for divorce. Unlike in case of the Hindu Marriage Act, the court is entitled to adjourn the divorce and settlement proceedings for as long as it deems fit.