MATRIMONIAL MATTER
Matrimonial dispute means dispute concerning and arising out of matrimonial life. Family dispute, divorce action, maintenance matter, child custody matter, rights of access to children, protection orders are within the ambit of matrimonial dispute.
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WHAT IS MATRIMONIAL DISPUTE?
Matrimonial dispute means dispute concerning and arising out of matrimonial life. Family dispute, divorce action, maintenance matter, child custody matter, rights of access to children, protection orders are within the ambit of matrimonial dispute.
WHY MATRIMONIAL LAW REQUIRED?
Matrimonial law is important to reaffirm the principle of free marriage, equality between men and women, protection of legitimate interest of mothers and children, welfare of the women. Family law focuses on issues involving family relations that establishes rights and obligations of both husband and wife and also between their children (biological or adopted).
MATRIMONIAL LAW CLASSIFICATION
There are various family law enunciated in India like:
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Guardian and Wards Act, 1890
- The Family Court Act, 1984
- Indian Divorce Act, 1869
- Domestic Violence Act, 2005
- Muslim Marriage Act
- Christian: Indian Christian Marriage Act 1872 and the Divorce Act 1869
- Parsi: Parsi Marriage and Divorce Act 1936
TYPES OF MATRIMONIAL OFFENCE
- Invalid Marriage (Section 493 and 496 IPC)
- Bigamy (Section 494 and 495 IPC)
- Adultery (Section 497)
- Seduction (Section 498)
- Cruelty by husband or relative of husband (Section 498-A)
MATRIMONIAL DISPUTE FILING COURT FEE
Sr. No. | Category of Cases | Court Fees |
1 | Hindu Marriage Act U/s 13 and 13-B and Section 24 of HM Act | ₹50/- |
2 | Special Marriage Act | ₹100/- |
3 | Maintenance U/S 125 Cases | ₹50/- |
4 | Guardian and Wards Act Petition | ₹50/- |
5 | Hindu Marriage Act Petition u/s Sec 9 | ₹ 50 |
6 | Certified copy of order/judgement | Rs 10/- |
7 | Certified copy of decree | Rs 20/- |
MATRIMONIAL LAW PROCESS
In most cases of matrimonial dispute, the process followed is same except slight variation in case of contested and uncontested case. The procedure followed is:
- Filing of petition supported by verification and Affidavit.
- Service of summons to other party.
- Filing of written statement by the other party.
- List of documents and witnesses
- Issue Frame
- Trial- evidence of both parties and their cross examination.
- Argument of both parties.
- Final Order/Judgement.
In case of mutual divorce petition, both husband and wife will file a joint petition seeking dissolution of the marriage or that they have been living separately for a period of one year or more. The process followed is:
- Joint petition of both parties.
- Appearance before the court and inspection of the petition.
- Recording of statement of both parties.
- First motion where a period of 6 months is given to both parties.
- Second motion- once the parties appear after the first motion.
- Final hearing- if the parties decided to go with further proceedings final hearing is fixed.
- Decree of Divorce- both parties must give consent and there shall not be any differences regarding alimony, custody of child, maintenance, property etc. There needs to be complete agreement between the spouses for the final decision on the dissolution of the marriage. If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any possibility of reconciliation and cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved.
Jurisdiction to file matrimonial case is as follows:
- Where the marriage was solemnized.
- Where couple seeking divorce last resided.
- Where the wife is residing at present.
FAQ
Family Court.
Indian personal laws.
In Family court or before JMFC where there is no Family Court.
Nullity is a declaration that a valid marriage never existed.
The welfare of the child is of paramount importance. Generally mother is given custody of children below 5 years.
It is filed inviting the wife/husband to resume conjugal life.
Judicial and extra Judicial divorce.
ADR,Marriage Counselling, Premarital counselling.