FREQUENTLY ASKED QUESTIONS
1. What are the legal requirements for marriage registration and charges for it?
- Follow these steps for marriage registration: Obtain the marriage registration form - either physically from the nearest marriage registration office or sub - registrar’s office, or download it from the official website of the concerned department or local government. Fill out the form with accurate details including the names, ages, addresses, and occupations of both the bride and groom, supported with documents such as birth certificates, identity proofs (such as passport, Aadhaar cards, or Voter ID card), and proof of address (such as utility bills or rental agreements). Attach two passport sized photographs of each partner, along with additional documents required by the specific registration office. Submit the completed application form and supporting documents to the marriage registration office. The office may require both partners to be present during the submission. Pay the applicable fee for marriage registration. The fee varies depending on the state or union territory. Once the application is submitted, the marriage registration officer will verify the documents and details provided.
After verification, the officer will assign a date for the marriage registration. Both partners, along with two witnesses, should be present on the assigned date. On the scheduled date, the marriage registration process will be completed, and a marriage certificate will be issued. The certificate serves as legal proof of marriage.
2. What are the grounds for divorce? -
The grounds for divorce in India are governed by the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs. The grounds for divorce include cruelty, adultery, desertion, conversion to another religion, mental disorder, and incurable illness. Additionally, the Special Marriage Act, 1954, which applies to interfaith marriages, provides grounds for divorce such as cruelty, adultery, desertion, and mental or venereal disease. The grounds for divorce may vary slightly depending on the personal laws of different religions in India.
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3. What is the process of drafting and executing a will? -
The process of drafting and executing a will involves following steps: Drafting of the Will, Appointing an Executor, Witnesses, Registration of the Will, Safekeeping, Informing relevant parties about the existence and location of the Will, and Regular review if needed.
4. What are my rights if I am arrested? -
Key right one should be aware of when arrested in India: Right to be informed, Right to legal representation, Right to remain silent, Right against self - incrimination, Right to be produced before a magistrate, Right to be released on Bail, Right to fair trial, Right against torture and cruel treatment.
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5. What are the legal rights of partners in live - in relationship? -
Over the years, Indian courts have recognised certain rights and provided legal protection to partners in live - in relationships. Here are some of the key aspects to consider:
(a) Protection against domestic violence - Women in live - in relationships can file a complaint and seek protection orders, residence orders, monetary reliefs, etc.
(b) Right to Maintenance - If a live-in relationship ends, a partner may be eligible for monetary support or maintenance, particularly if they have children together. The partner may approach the court seeking maintenance under the provisions of the Domestic Violence Act or the Code of Criminal Procedure.
(c) Inheritance Rights: Live - in partners do not have automatic inheritance rights over each other’s properties or assets. However, they can establish their rights through mutual agreements, Wills or by proving their contribution towards the property’s acquisition or maintenance.
(d) Right to Parental Custody - In cases where children are involved, the courts generally consider the best interests of the child while determining custody and visitation rights. Both parents, regardless of their marital status, can seek custody or visitation rights, subject to the court's decision.
It's important to note that legal recognition and protection may vary based on factors such as the duration of the relationship, financial interdependence, having children together, intention to marry, etc.
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6. Can a husband seek maintenance from wife in India?
- Yes, under certain circumstances, a husband can seek maintenance from his wife in India. The provisions for seeking maintenance from a spouse are governed by the Indian legal system, primarily under the Hindu Marriage Act, 1955, and the Code of Criminal Procedure, 1973. These provisions apply to both husbands and wives.
(a) Under Section 24 of the Hindu Marriage Act, either the husband or the wife can seek interim maintenance during the pendency of a divorce proceeding. The court has the discretion to grant maintenance to either party based on their respective financial positions and needs.
(b) Under Section 25 of the Hindu Marriage Act, either the husband or the wife can seek permanent alimony or maintenance after the finalization of a divorce. The court will consider various factors such as the income, property, financial resources, and earning capacity of both parties while determining the amount of maintenance.
(c) In cases where the husband is unable to maintain himself, he can also seek maintenance from his wife under Section 125 of the Code of Criminal Procedure. This provision is not limited to divorce cases and can be applicable to husbands who are unable to maintain themselves due to any valid reason, such as unemployment, disability, or old age.
However, these provisions are not exclusive to husbands seeking maintenance from wives. The Court evaluates each case individually and considers the financial circumstances and needs of both parties before making a decision on the grant of maintenance.
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7. Why registration of Will important in India?
- Will is defined as ” the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.” Registration of Will is not mandatory or legally required in India. However, registering a will is highly recommended to ensure its validity and to avoid potential disputes or challenges in the future. Here are a few reasons why registration of will is considered beneficial in India:
(a) Authenticity and Proof: Registering a Will provides an official record of its existence and authenticity. It reflects the true intentions of the Testator. This can also help prevent any future claims of fraud or tampering with the document.
(b) Avoiding Disputes: Registering a Will can help minimise the chances of disputes among family members or beneficiaries. The registration process involves submission of the Will to the Registrar, who maintains an official record of the document. This adds a level of credibility and discourages potential challenges to the Will’s validity.
(c) Preservation and Safety: Registration of a Will ensures its preservation in a safe and secure location. The Registrar keeps a copy of the Will, which can be accessed by the Testator or their authorised representative in the future.
(d) Ease of Retrieval: Registration of Will ensure easy retrieval when it is required. The Registered Will is assigned a unique registration number, making it easier to locate and retrieve when needed. This can be particularly useful for the beneficiaries or executors of the Will during the probate process.
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8. When a person dies without paying the loan in full amount, then what is the burden/liability on legal heirs? -
In India, when a person dies without repaying a loan, the burden of outstanding debt typically falls on their legal heirs. The legal heirs are responsible for settling the deceased person’s liabilities, including any unpaid loans or debts. This principle is based on the concept of inheritance and succession.
The specific liabilities that are transferred to the legal heirs depending on the type of loan and the agreements made between the lender adn teh deceased borrower. If the loan was taken in the individual capacity of the deceased, and there was no co - signor or guarantor, the legal heirs are generally liable to repay the loan from the assets and estate left behind by the deceased.
However, it is important to note that the liability of the legal heirs is limited to the extent of the assets they inherit from the deceased. They are not personally responsible for the debt beyond the value of the inherited assets. If the assets are insufficient to cover the outstanding loan, the lender may have to write off the remaining debt.