“Love is not weakness, It is strong. Only the sacrament of marriage can contain it.”

Origin of marriage –

Marriage comes from the Old French word “Marrier” (to marry) then after some time it becomes “Mariage” and in 250–1300 CE, From Middle English “Mariage” becomes “Marriage” which means a bond/commitment between a man and a woman.

Our life turns towards a new turn with marriage. It creates a Family: entering into a new stage of life. Marriage does not just mean tying an adult[1] man and an adult woman in a relationship; it is a union of two families and two hearts.

Meaning of Marriage –

Marriage means giving a new turn to your life. It creates two persons: an adult man and an adult woman, a partner for the rest of their life. Marriage creates a bond between an adult man and an adult woman and in their families too. Marriage is not a contract but it is a sacrament[2] which is conferred by a priest and blessings of elders in front of God.

When, How and by whom marriage is discovered? –

As hunter-gatherers settled down into agrarian civilizations, society had a need for more stable arrangements. The first recorded evidence of marriage ceremonies uniting a woman and a man, dates from about 2350 B.C., in Mesopotamia.

Over the next several hundred years, marriage evolved into a widespread institution embraced by the ancient Hebrews, Greeks, and Romans.

The Legal Perspective –

The concept of marriage is to establish a relationship between an adult man (husband) and an adult woman (wife). They should be of sound mind, capable of giving free consent, and not subject to recurrent attacks of insanity or epilepsy. Based on Hindu law, marriage is a sacred tie and the last of ten sacraments that can never be broken. Also, it is a relationship that is established from birth to birth.

According to Hindu law, there are certain prerequisites and conditions for a valid marriage which lays down by the personal laws to solemnize a legal marriage.

A legally performed marriage will fulfill sections 5 – 8 of the Hindu Marriage Act,1955[3].  Marriage provides new rights and obligations to both partners and thus changes their legal status too. Some legal functions ensure the rights of both partners with respect to each other and define the relationships of children within a community. After marriage wife is legally entitled to sections 18 and 25 of the Hindu Adoption and Maintenance Act, of 1956[4].

Necessity of marriage –

Marriage is the beginning and a turning point in both partner’s life and it is the beginning of the family and it is a life-long commitment. It also provides an opportunity to serve your wife and children. Marriage is more than a physical union; it is also a spiritual and emotional union. Every Hindu must marry. “To be mothers were woman created and to be fathers men.”

Marriage not only makes the partners happy but boosts your life expectancy too and this phenomenon is scientifically proven. Marriage also provides economic and emotional stability and is good for society too since married couples have a strong sense of responsibility. The importance of marriage is not to the extent of one generation but it is an in-depth belief of Hinduism[5]. Without a wife, a person is considered incomplete while performing any rites of Hinduism. It is very important to perform all the rites with the wife.

Impact of marriage –

The Hindu marriage act provides guidance for the Hindus to be in a legal marriage[6] bond. It cohabits rights for both the partners and safety for their family and children so that they do not suffer from any parental issues.

Conclusion –

Basically, marriage is considered a sacrament in Hindus and it is a ‘sanskara’ or purificatory ceremony obligatory for every Hindu.

Marriage represents a multi-level commitment, one that involves person-to-person, family-to-family, and couple-to-state commitments. In all societies, marriage is viewed as a relatively permanent bond, that in some societies it is virtually irrevocable.

References –

1. Marriage.
2. Marriage is not a contract but it is a sacrament.
3. First recorded evidence of marriage.
4. Valid marriage.
5. Hindu Marriage Act, 1955.
6. Hindu Adoption and Maintenance Act, of 1956.

Economic and emotional stability.

[1] Section 5(3) of Hindu Marriage Act, 1955.

[2] Hindu marriage is a sacrament.

[3] The Hindu Marriage Act, 1955 (25 of 1955), became law on the 18th May, 1955.

[4] The Hindu Adoption and Maintenance Act, 1956, (78 of 1956).

[5] A religion, a religious tradition or a way of life.

[6] Section 7 of Hindu Marriage Act,1955.

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The Sub-Divisional Magistrate (SDM) courts in India handle a wide range of matters, including both civil and criminal cases. The specific types of cases that come under the jurisdiction of SDM courts may vary from state to state, as they are determined by the respective state laws. However, here are some common categories of matters typically taken up in SDM courts:

Land and Property Matters

Land disputes and boundary disputes
Partition of property
Mutation of land records
Transfer of property
Land acquisition matters
Conversion of land use

Marriage and Family Matters

Marriage registrations and certificates
Matrimonial disputes and divorce cases
Maintenance and alimony claims
Child custody matters
Adoption and guardianship cases
Succession and inheritance matters

Also Read, POWERS OF THE SUB-DIVISIONAL MAGISTRATE (SDM) COURT IN INDIA

Revenue and Municipal Matters

Collection of land revenue and property taxes
Issuance and verification of various certificates (e.g., income, domicile, caste, etc.)
Granting permissions and licenses (e.g., arms license, trade license, etc.)
Eviction of unauthorized occupants from government land

Disputes related to government schemes and welfare programs
Criminal Matters

Cases related to public order and peace maintenance
Offenses under local and special laws
Arrest, detention, and release of accused persons
Issuing warrants and orders for preventive detention
Cases involving minor offenses and petty crimes

Miscellaneous Matters

Issuance of various certificates (e.g., character certificate, survivor certificate, etc.)
Registration of societies, trusts, and NGOs
Matters related to public demonstrations and protests
Execution of various government schemes and programs
Any other matters specifically assigned to the SDM court by law.

It’s important to note that the jurisdiction and powers of SDM courts can differ across states and may be subject to amendments and modifications. Therefore, it’s advisable to consult the specific state laws or consult with legal professionals to understand the precise scope of matters that can be taken up in SDM courts in a particular region.

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Legal separation and divorce are two distinct legal concepts, although they share some similarities. Here’s a brief overview of both:

Legal Separation: Legal separation is a legal process through which a married couple formalizes their decision to live separately while remaining married. It involves obtaining a court-approved separation agreement that outlines the rights and responsibilities of each spouse during the separation period. This agreement typically covers issues such as child custody, child support, spousal support, division of assets, and debts. The couple remains legally married, but they live apart and have a legally recognized arrangement for managing their affairs.

Divorce: Divorce, on the other hand, is the legal termination of a marriage. It dissolves the marital bond and releases both spouses from their marital obligations. In a divorce, the couple goes through a legal process to obtain a court decree that declares their marriage as legally ended. As part of the divorce process, the court addresses various issues such as child custody, child support, spousal support, and division of assets and debts. After the divorce is finalized, the spouses are no longer legally married and are free to remarry if they wish.

Also Read DIVORCE PETITION: WHAT YOU NEED TO KNOW

While legal separation and divorce serve different purposes, they may have some similarities in terms of addressing issues like child custody, support, and division of assets. However, the main difference lies in the fact that legal separation allows the couple to live separately while remaining married, whereas divorce results in the termination of the marriage.

It’s important to note that laws related to legal separation and divorce can vary by jurisdiction, so it’s always advisable to consult with a legal professional or refer to the specific laws of your country or state for accurate and up-to-date information.

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A settlement deed typically arises when two or more parties agree to resolve their differences outside of a court trial or other legal proceedings. Instead of pursuing a lengthy and potentially costly legal battle, the parties involved negotiate and reach an agreement that is documented in the settlement deed.

The settlement deed contains the agreed-upon terms and conditions, which may include:

Payment of compensation

It specifies the amount and method of payment if one party agrees to compensate the other.

Property distribution

In cases involving property disputes, the settlement deed can outline how the assets will be divided among the parties.

Also Read: A GUIDE TO UNDERSTANDING PROPERTY DIVIDED AFTER DIVORCE

Release of claims

The deed may include a provision stating that all parties release each other from any further claims or legal actions related to the dispute.

Confidentiality

If confidentiality is a concern, the settlement deed can include clauses that restrict the parties from disclosing the terms or details of the settlement.

Dismissal of legal proceedings: Once the settlement deed is executed, it is often accompanied by a request to dismiss any ongoing legal actions or proceedings related to the dispute.

It’s important to note that a settlement deed is a legally binding document, and once signed, the parties are generally obligated to adhere to its terms. Therefore, it is crucial for all parties involved to carefully review and understand the contents of the settlement deed before signing it.

It’s advisable to consult with a qualified attorney or legal professional to ensure that your rights and interests are protected when entering into a settlement deed. This information is a general overview, and specific legal advice should be sought for your particular circumstances.

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Hindu Undivided Family (HUF) is a unique legal concept in India that combines ancestral property, joint family structure, and taxation benefits. Understanding the rules and regulations governing HUFs is crucial for those interested in managing and preserving family wealth. In this blog post, we will delve into the fundamental rules of Hindu Undivided Family, shedding light on its formation, membership, rights, and key considerations.

Formation of HUF: A Hindu Undivided Family can be formed through the following criteria:

1. Joint ownership of ancestral property by at least two generations.
2. The family members must be Hindus, Buddhists, Jains, or Sikhs.

Membership
The following individuals can be members of a Hindu Undivided Family:

1. Male members by birth.
2. Female members upon marriage into the family.
3. Adopted children, subject to specific conditions and legal requirements.

Karta and Coparceners:

1. Karta: The eldest male member of the family is recognized as the Karta. The Karta has the authority to manage and make decisions on behalf of the HUF.
2. Coparceners: All male members, including the Karta, are coparceners and have an equal right to the HUF’s ancestral property.

Rights and Liabilities

1. Coparceners’ Rights: Coparceners have the following rights:

• Right to claim a share in ancestral property.
• Right to partition the HUF.
• Right to receive maintenance from the HUF’s income.

1. Karta’s Rights: The Karta has the following rights:

• Right to manage the HUF’s affairs and make decisions.
• Right to alienate or sell the HUF’s property with the consent of other coparceners.
• Right to represent the HUF in legal matters.

1. Liabilities: The HUF’s debts and liabilities are the joint responsibilities of all coparceners.

Income Tax Benefits:

1. Separate Tax Entity: HUF is recognized as a separate tax entity with its own Permanent Account Number (PAN).
2. Taxation of Income: HUFs enjoy certain tax benefits, including:

• Tax exemption up to a specified limit on income derived from ancestral property.
• Deductions on expenses incurred for the HUF’s religious and charitable purposes.
• Opportunities for income splitting and tax planning among family members.

Partition and Dissolution

1. Partition: Coparceners have the right to demand partition of the HUF, leading to the division of property and assets.
2. Dissolution: HUF can be dissolved through mutual agreement or by court order, typically due to irreconcilable disputes or loss of coparceners.

Also Read,WHAT TO KNOW BEFORE SIGNING A SETTLEMENT DEED

Conclusion

Understanding the rules and regulations of a Hindu Undivided Family is essential for effectively managing family wealth, preserving ancestral property, and maximizing tax benefits. As the Karta and coparceners play significant roles in decision-making and the rights and liabilities associated with HUF, it is crucial to seek professional advice and ensure compliance with the applicable laws to maintain harmony within the family and safeguard the family’s interests

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Transferring a divorce case from one state to another can be a complex legal process, as it involves navigating the laws and procedures of both states involved. While I can provide some general guidance, please note that divorce laws vary by jurisdiction, and it is always recommended to consult with a qualified attorney who specializes in family law to ensure you are following the correct legal procedures.

Here are some steps you may consider when seeking to transfer your divorce case:

1. Consult with an attorney: Engage the services of a family law attorney who is licensed to practice in the state where you currently reside. They will help you understand the legal requirements and complexities involved in transferring your divorce case to another state.
2. Familiarize yourself with residency requirements: Research the residency requirements for filing a divorce case in the new state. Each state has its own laws regarding the minimum period of residency necessary before you can file for divorce there.
3. Confirm jurisdictional issues: Determine if the new state has jurisdiction over your divorce case. Typically, jurisdiction is established in the state where at least one spouse meets the residency requirements. However, certain circumstances, such as if both parties agree to the transfer or if there are compelling reasons for the transfer, may influence jurisdictional decisions.
4. Discuss with your spouse: If both parties agree to transfer the divorce case to another state, it may simplify the process. Open communication with your spouse regarding your intentions and the reasons for transferring the case is essential. It may be helpful to involve your respective attorneys in these discussions to ensure clarity and avoid potential conflicts.
5. File a motion or petition with the court: Prepare a formal motion or petition requesting the transfer of your divorce case to the new state. Your attorney can assist you in preparing the necessary documentation, which may include a written explanation of why the transfer is being requested and any supporting evidence or arguments.
6. Serve notice to the other party: Ensure that your spouse receives proper notice of the motion or petition to transfer the case. This may involve serving them with the relevant documents in accordance with the rules of service established by the court.
7. Attend court hearings: Depending on the specific procedures of the involved states, you may need to attend court hearings in both the original state and the new state. It is crucial to follow the instructions of the court and your attorney during this process to ensure compliance with all legal requirements.
8. Abide by court orders: If the court grants your request to transfer the case, it is essential to comply with any orders or instructions provided by the court in the new state. This may include providing additional documentation, attending hearings, or following specific procedures unique to that jurisdiction.

Remember that divorce cases can be highly individualized, and the specific steps and requirements for transferring a case between states can vary. Working closely with an experienced family law attorney will help ensure that your rights and interests are protected throughout the process.

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While choosing a Divorce lawyer, it is important to understand the fee structure that they use. You should also ask about the lawyer’s experience, qualifications, and success rate in cases similar to yours.

Here are the different Fee Structures of a Divorce Lawyer:

• Fixed Fee: Some lawyers charge a fixed fee for handling the entire divorce case, regardless of its duration or complexity. This fee structure provides clarity upfront and allows you to budget accordingly.
• Hourly Fee: Lawyers may charge an hourly rate for their services. In such cases, you pay for the actual time spent by the lawyer on your case. This structure can be suitable for straightforward cases or when you require limited legal assistance.
• Retainer Fee: Divorce lawyers may ask for a retainer fee upfront, which is a lump sum amount paid in advance. The lawyer then bills against this retainer fee as the case progresses. This structure is commonly used for cases with uncertain timelines and complex legal issues.

Additional Expenses
Apart from the lawyer’s fees, it is essential to consider additional expenses that may arise during divorce proceedings. These expenses can include court filing fees, charges for obtaining documents, fees for expert witnesses or consultants, and other miscellaneous costs. It is advisable to discuss these potential expenses with your lawyer to have a clear understanding of the overall financial implications.

Also, read: LEGAL FEES OF DIVORCE LAWYERS IN INDIA

Negotiating Legal Fees
While legal fees can seem overwhelming, it is essential to remember that they are negotiable. Before finalizing an agreement with your divorce lawyer, consider the following:

• Discuss and compare: Consult with multiple divorce lawyers to understand their fee structures and obtain fee estimates. This will allow you to make an informed decision and negotiate fees based on your budget and requirements.
• Fee Agreement: Ensure that you have a written fee agreement with your lawyer, clearly outlining the scope of services, fee structure, payment terms, and any additional expenses.
• Transparency: Seek transparency regarding billing practices. Request detailed invoices explaining the tasks performed and the time spent on each task.
• Cost-Benefit Analysis: Consider the potential financial benefits of hiring an experienced divorce lawyer. A skilled attorney can help you achieve a fair settlement, protect your rights, and potentially save you money in the long run.

The fees of each Lawyer may vary as per the experience and credibility of a lawyer. It can vary from Rupees 10000 to lakhs of Rupees.

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Domestic violence in matrimonial relationships is a serious problem that affects millions of people worldwide. It can take many forms, including physical, emotional, and psychological abuse, and can have devastating consequences for the victim.

Physical abuse is perhaps the most well-known form of domestic violence. It can involve hitting, slapping, kicking, or any other form of physical harm. In many cases, physical abuse is accompanied by emotional abuse, which can be just as damaging. Emotional abuse can include verbal attacks, humiliation, and controlling behaviors that can leave the victim feeling powerless and isolated.

Psychological abuse is another form of domestic violence that is often overlooked. It involves using threats, intimidation, and manipulation to control the victim. This can include isolating them from friends and family, monitoring their every move, and using their children as a tool for control.

In matrimonial relationships, domestic violence can have significant consequences. It can lead to physical injury, emotional trauma, and even death. It can also have long-term effects on the victim’s mental health, including anxiety, depression, and post-traumatic stress disorder (PTSD).

One of the most challenging aspects of domestic violence in matrimonial relationships is that it often goes unnoticed. Victims may feel ashamed or afraid to speak out, and the abuser may use their position of power and control to manipulate the situation. This can make it difficult for friends and family members to recognize the signs of abuse and offer support.

However, it is essential to break the cycle of domestic violence in matrimonial relationships. If you or someone you know is experiencing domestic violence, there are steps you can take to get help. These include:

Seek support from a domestic violence hotline or advocacy group. They can provide resources, guidance, and support as you navigate this difficult situation.

Consider leaving the relationship if you feel unsafe. This may involve developing a safety plan, seeking a restraining order, or finding a safe place to stay.

Document the abuse. Keep a record of any incidents of abuse, including dates, times, and details of what happened. This can be helpful if you decide to seek legal action.

Seek counseling. Individual or couples counseling can be helpful for addressing the underlying issues that may be contributing to the violence. However, it’s essential to prioritize your safety and seek counseling only if it feels safe to do so.

Get support from friends and family. Talk to trusted friends and family members about what you’re going through and ask for their support. Having a support system can be helpful when dealing with domestic violence.

In conclusion, domestic violence in matrimonial relationships is a serious problem that affects many people worldwide. It can have devastating consequences for the victim, both physically and emotionally. However, there are steps you can take to get help and break the cycle of abuse. If you or someone you know is experiencing domestic violence, don’t hesitate to seek help.

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If a girl is pregnant at the time of her marriage, it does not necessarily mean that the marriage is invalid. However, it could raise some legal and social issues that need to be considered. The questions related to valid marriage can be consulted with advnehabatra.com.

From a legal perspective, the pregnancy does not affect the validity of the marriage. It is not a ground for annulling the marriage or declaring it void. However, the fact that the girl was pregnant before the marriage may be relevant in certain situations, such as if the husband files for divorce on the grounds of adultery or if there is a dispute over the paternity of the child.

From a social perspective, a girl being pregnant at the time of her marriage can raise questions about the nature of the relationship between the bride and groom. It could be perceived as an indication that the couple engaged in premarital sexual activity, which is still not widely accepted in some parts of India. Additionally, if the pregnancy was not planned, it could also raise questions about the level of commitment of the couple and their readiness for marriage.

It’s important for the couple to be open and honest about the pregnancy and the circumstances surrounding it. If the pregnancy was planned and the couple is excited about starting a family, it can be a positive thing for their relationship. However, if the pregnancy was unplanned and the couple is not ready for a child, it could put additional strain on the marriage.

In such cases, it is important for the couple to have open and honest communication and to consider the readiness for marriage and parenthood. Counseling before or after the marriage is also suggested, as it can help the couple work through any issues related to the pregnancy and prepare for the challenges of raising a child together.

It’s also important to mention that in India, the law does not recognize the concept of “paternity” before marriage and the child born out of the wedlock is considered to be the child of the mother. However, if the husband agrees and acknowledge the child to be his, it will be considered as his child.

In summary, a girl being pregnant at the time of her marriage does not necessarily make the marriage invalid, but it can raise legal and social issues that the couple needs to consider and address. Open and honest communication, as well as counseling, can help the couple navigate these issues and work towards a strong and healthy marriage.

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Both the parents – father and mother have equal rights and duties towards children. Both father and mother are equally responsible towards their children. They are duty bound to take care of their children with equal responsibility.

The welfare of the child is paramount importance. The wish of the child is also considered important in the cases of child custody. The court also grants visitation rights to the father or the mother and wish of the child is to be considered. The court may ask the child or question him or her about the wish. In case the child expresses his wish to stay with father or mother, that wish is considered by the court, however many other factors like family, upbringing, education etc are considered by the court while granting the custody rights.

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