Marriage is believed to be the most celestial thing to have ever happened to an individual on this planet. All of us may be in favor of putting the spirit of it much above than everything else. Platonic love, purest of emotions blended in a myriad of feelings and a sheer sense of responsibility towards the well being of the person whom you are going to get wedded to are the most common connotations which are being associated with the act of marriage. We look at the institution of marriage as an ardent devotee keeps staring at the ‘better half’ in awe and acclaim. It’s similar to a poet winking at his muse in charm and reverence. Hence, we never take turns to demystify the bewildering idea of marriage, neither do we dare to delve deep inside the intricacies of marriage to unveil what actually lies at the nucleus of the institution.
If you have ever been an Asian country and attended their marriages, you will probably realize that there are thick and opaque layers of myth which have been accumulated over time and thereby built around the theme of marriage, and they are so blinded by it that they often find ourselves extremely reluctant to look at it through the lens of rationale and logic. They are extremely good with algorithms, numbers and cognitive reasoning and you will find the testimony of this statement in finding Asian, at the helm of global IT giants like Google and Microsoft. But when it comes to marriage, they still prefer to trudge themselves through the medieval era burdened with a lot of weird customs and rituals, which are far from being realistic. A person who earns thousands of dollars every year can even go to the extent of splurging quite millions of dollars in a bid to make his marriage something so special that he can cherish it forever driven by the impulse of emotions associated with marriage. Therefore, everything about marriage is so sacrosanct in Asia that they cannot even think of a legal angle out it. But if you look at the structural anatomy of the institution of marriage, it is nothing but a provision of law which approves legal sanction to the lawful union of two adult individuals voluntarily wanting to live together and lead a conjugal life in compliance with the statutory legal directives within the legal jurisdiction of a state. As long as they want to voluntarily stay obedient to the vows of marriage. The marriage stands solemn and if any one of them or both of them want to walk out of the marital tie, they can approach the court of law with their appeal to file a divorce or in the event of any incident. The incident needs to highlight the gross violation of the sanctity of the marriage; the divorce becomes evident and inevitable. Let’s take you all through the exhaustive list of the elementary proposition on the ground of which a divorce suit can be registered and thereby, tried at the court of law.
Table of Contents
Mutual Consent Divorce
Mutual consent divorce is basically referred to as a situation when both the couple consent to the idea of mutual separation, instead of contesting a legal battle in the court of law. When a couple takes a call unanimously to put an end to their marriage, they exercise the option of mutual divorce, which is less complicated and does not require much time for the verdict to be pronounced.
Contested Divorce happens in the event of gross violation of marital rights. Some common reasons for divorce are violent of any kind (mental, physical, sexual or domestic), conversion to another religion, mental disorder, infectious disease, the presumption of death, breach of trust or infertility between any one of the couple. Contested divorce cases are usually being heard in the court, and the future of the hearing depends on the merit of facts being presented in the court. When a divorce case comes to the ambit of the court, it lies with the discretion of the judge to seal the fate of it and given a deplorable condition of Indian judicial system it may take even years for the verdict to be declared.
Asian countries which are divided into a multitude of class, creed, community, and religion and polarized by the contrasting school of thoughts, opinion, and ideologies, makes it difficult to doctrine a single draft of marriage law, circumscribing everyone’s aspiration and perception towards marriage. Every community celebrates marriage with a different set of rituals, and hence, we cannot string it all with a single thread which paves way for different marriage act to be. The Hindu Marriage Act and Special marriage act, in India, for example, are pretty popular and widely exercised.
Special Marriage Act
It provides legal provision for marriage between the two individual who is from a different community or religion. Special marriage act has now become more relevant because the cases of marriages between cross-cultural communities have gone up significantly. In the past year or so a lot of interstate migration has happened. People tend to proliferate to metro cities primarily in search of better educational infrastructure or superior jobs which open up opportunities for millennials to interact and intermingle with friends and peers from different communities. The journey begins with a friendship, and it gradually boils down into marriage.
Things to be done to register your marriage legally in India
❖ One needs to serve a notice at least 45 days prior to the day of marriage. The notice will mention the details about the couple, and it will be put up on a display at the Marriage Register office.
❖ At least two witnesses are required from both the side of the bride and groom each. Witnesses will have to be from outside of the family and they will remain present at the time the marriage will get registered.
Traditionally, marriage in India is usually looked like a most pertinent manifestation of love and togetherness which gets cemented with the elements of mutual trust and respect. Though marriages fail, people inflict violence and get scarred for life in marriages and at times, people suffer from lack of compatibility and the divide gets so stressful that they finally end up with parting ways. In such a situation, you need to find a good attorney.
Marriage is governed by Law and whensoever violence or breach of marital trust plagued the vitality of marriage, the law is bound to come forward to restore the balance in a marriage.