Janhavi Deo Yadav, Christ (Deemed to be University)
INTRODUCTION
Marriage is a legally and socially sanctioned union, usually between a man and a woman, governed by laws, rules, customs, beliefs, and attitudes that prescribe the partners' rights and duties and confer status on their offspring (if any). Marriage's universality across societies and cultures is attributed to the many basic social and personal functions it provides structure for, such as sexual gratification and regulation, gender division, economic production and consumption, and satisfaction of personal needs for affection, status, and companionship.
Divorce is the legal dissolution of a man and woman's marital union. The court of law grants the separation after receiving a petition from either the wife or husband, according to this act. Divorce is followed by alimony, child custody and visitation, property distribution, and debt distribution.
In 1869, the Indian Divorce Act was drafted into the Indian legal system. Divorce rules and procedures in India differ depending on the couple's community. The Indian Divorce Act, 1869 governs Christian marriages, the Hindu Marriage Act, 1955 governs Hindus, Buddhists, Sikhs, and Jains, the Dissolution of Muslim Marriages Act, 1939 governs Muslims, and the Parsi Marriage and Divorce Act, 1936 governs Parsis. Civil and inter-community marriages are governed by the Special Marriage Act of 1956.
Maintenance under the CrPC is secular in nature, as any woman of any religion or faith can seek maintenance through the Court. The law of maintenance is civil in nature and is found in Sections 125-128 of the Criminal Procedure Code. Maintenance can be claimed under this Section by the wife, children, and parents. Sections 125 to 128 provide a quick, effective, and relatively inexpensive remedy for people who neglect or refuse to support their dependent wives, children, and parents.
Comments