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Sapinda relationships are prohibited under hindu marriage law.  A sapinda is someone who is: within or has a common ancestor relative within three generations above you on your mother’s side of the family within or has a common ancestor relative within five generations above you on your father’s side of the family. A sapinda canRead more

If the spouses are within the degrees of prohibited relationship, then their marriage will not be a valid marriage. The following are the kinds of prohibited marriages: If one spouse is a lineal ascendant of the other. A lineal ascendant includes a father, mother, grandfather and grandmother, but also great grandfather and great grandmother andRead more

At the time of marriage, you should not have a married spouse who has not divorced his previous spouse. If you are a divorcée you can enter into a marriage again only if your divorce is complete. Neither party should have a spouse living at the time of the marriage. You can file a çivilRead more

Trigger Warning: The following content contains information which some readers may find disturbing. The law states that people with mental illnesses usually do not have the capacity to enter into valid legal marriages. Mental illness means a substantial disorder of thinking, mood, perception, orientation or memory that severely impairs judgement, behaviour, capacity to recognise realityRead more

If you want to be a Hindu spouse and marry under the Hindu Marriage Act, you have to be one of the following set of persons: Any person who is a Hindu by religion. This incldues Veerashaiva, Lingayat or a follower of the Brahmo, Prarthana, or Arya Samaj. Buddhist, Jaina or Sikh by religion. AnyRead more

For a marriage to be legally recognized as a Hindu marriage, the following conditions must be met: The couple should be seen as Hindus by law. The husband is over 21 and the wife over 18 years of age when the wedding took place. Both husband and wife are of sound mind. Neither husband norRead more

Apart from divorce, which has a certain finality to it, you and your spouse can even opt for a decree of judicial separation to better understand if you want a divorce. Through this measure, the Court orders that you have been officially separated temporarily. Judicial Separation does not have the same legal effect as divorce.Read more

You can get a specific amount of money based on a Court order from your spouse. This can happen only if you do not have any sufficient means of income to sustain yourself or your children. This amount is called maintenance or alimony. The Hindu divorce law on maintenance is gender-neutral. This means that anRead more

If you want to remarry, you have to wait for 90 days from the date of the Court’s final order, so that your spouse has time to ‘appeal’ against the Court’s decision. Under the law, you can remarry right after getting the decree of divorce when: The spouse who is unhappy with the decision ofRead more

The proof that your divorce has happened is the Court’s final order known as ‘decree of divorce’. This is in the form of an order, which is a document that enforces your divorce. A decree of divorce is final when either of the two happens: The spouse who is unhappy with the decision of theRead more

In all family law cases, Courts encourage and attempt for reconciliation between the spouses. Consequence of Reconciliation After reconciliation happens, either: You and your spouse can get back together and continue your marital relationship, or You and your spouse can decide to end the marriage peacefully and divorce each other. There are three kinds ofRead more

Conversion You can file for divorce if your spouse has undergone conversion to another religion and has ceased to be a Hindu. File a Case It is very important to note that since your spouse has converted to another religion it does not automatically end your marriage to them. You must still file for divorce.Read more

If you are in Hindu marriage, mental illness of your spouse can be a ground for divorce. You can file for divorce if: Your spouse is suffering from any mental disorder that is not curable; or Your spouse has a mental disorder that occurs intermittently or continuously and this illness affects your capacity to liveRead more

If your spouse has left you then you can file for a divorce. This is known as desertion. Immediate Effect of Desertion Desertion can happen if your spouse has left you with immediate effect with an intention to never come back to stay with you as your spouse, without you agreeing to this arrangement. ThisRead more

You can file for a divorce if your spouse has cheated on you, i.e. when they have had voluntary sexual intercourse with another person. This is also referred to as adultery. To get a divorce, you will have to prove that voluntary sexual intercourse took place between your spouse and another person. Till recently, cheatingRead more

 Cruel Behaviour is a ground of divorce under Hindu Marriage Law. Cruelty is behaviour or conduct which causes harassment to you. Cruelty may be in two forms: Physical If your spouse physically hurts you by causing any bodily harm, then you can go to the Court to ask for a divorce. This kind of behaviourRead more

Both you and your spouse can file a case to the Family Court. There are separate courts known as family courts which deal with divorce cases. You can approach a family court in the following areas: Your Place of Marriage Either you and your spouse can file for divorce in the Court of the areaRead more

If neither you or your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent. You and your spouse can go to Court if: Both of you have been living separately for more than one year. Both of you have not been able to live together. BothRead more

Sometimes in a marriage, you may want a divorce (while your spouse doesn’t) due to certain circumstances. If these circumstances are recognized by the law (cruelty, mental illness) you can apply to the Court to hear you. Your spouse can deny these reasons and tell the Court why he or she does not want theRead more

Divorce is a final and irrevocable act of separating from your spouse. There are other forms of separation that are not as final. If there has been a valid marriage you can file for a divorce. However, if the validity of your marriage is in question then you still have to approach the Court toRead more

The law on marriage recognizes emotional and marital needs and include many legal obligations such as owning property, taking care of your children etc. When you end your marriage, the marital relationship comes to an end. Some legal obligations may continue to exist. Marital Relationship The law understands a marital relationship to include: Emotional SupportRead more

You can change your will as many times as you want. It is possible to make changes to your will even if it’s been registered. Ideally, if you are making substantive changes to a will in order to convey your wishes properly, you should execute a codicil. A codicil is a written statement which supplementsRead more

In certain cases, it is necessary to obtain a probate of the will in order to establish your right as a beneficiary of the will. You will have to apply to the court for a probate. It is a certification by the court with respect to the genuineness and validity of execution of the will.Read more

Registering a will is not compulsory. In case you decide to register the will, you may do so personally or through an authorised agent. You have to deposit the will in a sealed cover with your name on it and of your agent (if any), along with a statement of the nature of document toRead more

The court has the power to appoint an administrator or an executor who will execute your will if: You haven’t appointed an executor in your will.The executor you appointed is incapable of acting as an executor.The executor you appointed refuses to act as an executor. If you are the beneficiary of a will which doesRead more

The person to whom you give the duty of carrying out the instructions given in your will, after your death, is called the executor of the will. You can appoint any person who is of sound mind and who is above 18 years of age to be your executor. You must choose a person withRead more

You can give away all of your property over which you have complete ownership. You cannot give away property which you do not own. In some cases, you may have a life interest in the property, i.e. when someone has given you the property under their will only to use for your lifetime, but youRead more

For a will to be valid: It must have your signature (or your thumb impression).The signing/fingerprinting should be done in the presence of two other people who will act as witnesses.Both witnesses will sign the will or put their thumb-impression in your presence. You can also direct someone else to sign your will in yourRead more

You can make a will at any point during your lifetime if you are a Person of sound mind, andOver the age of 18. The person making the will should be aware of what they are doing. Illustratively, a person with mental disabilities can also make a will when they are aware of what theyRead more

Read below to know the conditions for eviction from the rented property.  Lease Agreement/Rent Agreement If you have a lease agreement, only you or anyone you give permission to has the right to live in the rented property. However, there are certain circumstances where the landlord can evict you from the house. To do so,Read more

If you want to file a complaint to the police against your landlord/licensor/tenant/licensee, you will have to go to the police station and file an FIR. You should make sure you give all the information you know about incident and trouble you have faced with either your landlord/licensor/tenant/licensee or a broker or any middle menRead more

Either the landlord or you or both of you will have to pay the “stamp duty” which is a tax levied on the agreement that you enter into when you are renting a house or a flat. You have to give your stamp duty during the process of registration.Read more

Follow the steps given below to register your rent agreement. In most cases, your broker will help you through this process. Step 1 Once the agreement is ready, pay the relevant stamp duty amount. Step 2 Book an appointment with the sub-registrar of your sub-district. Most states have set up an online appointment system. StepRead more

Registration of Rent/ Lease Agreement If your lease agreement is for a year or more, it is compulsory to register it with the office of the sub-registrar of the city you are living in. It must be registered within 4 months from when the lease agreement was made. If the agreement is not registered, itRead more

While renting out their property, landlords/licensors are required by law to get police verification of their tenants/licensees done. This is not optional. This process is done mainly for security reasons, so as to verify your background and check the details of past residence/family/criminal record (if any) etc. If they do not comply with this process whileRead more