Kapeesh Law Chambers

  Introduction   Marriage in India is governed by various personal laws, with the Hindu Marriage Act, 1955, being one of the primary statutes for Hindus. The legal age for marriage in India is 18 for women and 21 for men. Despite this, child marriages still occur, and individuals who were married as minors have legal remedies available to annul such marriages once they reach adulthood. This article explores the annulment process for individuals who married as minors under the Hindu Marriage Act, 1955, and other legal provisions in the Indian legal system.     Legal Age and Validity of Child Marriage   According to the Hindu Marriage Act, 1955: - The legal marriage age is 18 years for women and 21 years for men (Section 5). - If either party was below the prescribed age at the time of marriage, the marriage can be declared voidable at the option of the minor spouse.   Despite being voidable, a child marriage is not automatically invalid u...

The Divorce by mutual consent is a process under Section 13B of the Hindu Marriage Act, 1955, which allows both spouses to mutually agree to dissolve their marriage. This method is usually quicker and less contentious than contested divorce cases. The process under Section 13B is designed to be amicable, provided both parties have agreed on all relevant matters such as child custody, alimony, and division of assets. Stepwise Procedure:  Step 1: Filing the First Motion (Motion 1) The divorce process begins with the filing of the First Motion petition before the appropriate Family Court. This petition is jointly filed by both spouses. The petition must clearly state that: 1. The couple has been living separately for a period of at least one year. 2. They are unable to live together. 3. They have mutually agreed that the marriage should be dissolved. The petition should be accompanied by affidavits from both parties attesting to the above facts. Draft for the First Motion: IN THE FAM...

Settling Matrimonial Disputes through Mediation: A Comprehensive Guide with Recent Supreme Court Findings. Matrimonial disputes are a complex and sensitive issue that affects not only the parties involved but also their families. In recent years, mediation has emerged as a preferred method for resolving such disputes in India. The Supreme Court of India has made significant observations to encourage mediation, recognizing its benefits in reducing the burden on courts and providing a more amicable resolution for the parties involved. This article explores the procedural steps for settling matrimonial disputes through mediation and highlights recent Supreme Court observations and findings. Understanding Mediation in Matrimonial Disputes Mediation is a voluntary, confidential process where a neutral third party, the mediator, assists the disputing parties in reaching a mutually acceptable agreement. Unlike traditional litigation, mediation focuses on cooperation and understanding, aiming ...