#And a marriage is made valid by the consent of the SPOUSES

[theawkwardvirgin]

An interesting Gospel today, on marriage. Now I know most of this Gospel well (“male and female he created them”, “what God has put together man must not separate”) but I hadn’t heard what happens after the teaching on divorce.

Jesus’s disciples respond in a very modern way, which is kind of funny in a depressing way: “If that is the case of a man with his wife, it is better not to marry.”

Yeah, who wants the burden of a covenant with God being actually, you know, binding? Shock and horror!

(Side note, but when Jesus says that Moses allowed divorce because of the hardness of people’s hearts, He’s referring to the fact that men would have their wives killed to get around the “‘til death do us part” thing. Yeah.)

And Jesus looks at them and says this: “Not all can accept this word, but only those to whom that is granted. Some are incapable of marriage because they were born so; some, because they were made so by others; some, because they have renounced marriage for the sake of the Kingdom of heaven. Whoever can accept this ought to accept it.”

This is a fascinating statement, and one I haven’t heard before! Jesus acknowledges that marriage isn’t for everyone, that not everyone is capable of that sort of commitment. But here’s the crucial part: this doesn’t excuse them from the binding nature of marriage. His phrasing makes that clear, from “some are incapable of marriage” to “renounced marriage”.

So what do you do if you’re not cut out for that kind of commitment? Simple really: you don’t get married. People who are incapable of upholding a covenant with God shouldn’t and can’t make such a covenant. Which is obvious when you think about it.

Despite common misconception, the Catholic Church doesn’t just throw young people together and push them to get married for the funzies. Before you get married, you have to pass a class called Pre-Cana (yes, named after the Wedding at Cana), where you and your fiancé go through counseling and training to make sure you understand the commitment you’re making , that you and your fiancé are a good match, and that you’re ready to make that commitment and live together. You’re usually required to be married by your parish priest, who hopefully knows you well, probably did your Pre-Cana, and can be confident in witnessing and presiding over your covenant.

There’s a lot that goes into preparing for marriage in the Catholic Church, and it’s precisely because we understand that a valid marriage is indissoluble. Once you’re validly married, there is nothing anyone on earth can do to change that.

Now, an important note: This does not mean people have to stay in abusive situations, even if their marriage is valid. Separation in the Church is allowed in serious situations like abuse, and in fact you can get legally divorced in that situation, since a piece of paper doesn’t affect your binding covenant in any way. However, in this case, you’re still married to that person and this can’t get remarried. (There are caveats and technicalities that could deem an abusive marriage invalid and thus dissolvable, but this post is too long already. I recommend this website by a canon lawyer for anyone who’s curious about the details and requirements of a valid Catholic marriage.)

[horizon-verizon]

Having an affair when you are trapped in a arranged or abusive marriage isnt cheating.

*EDITED POST* (12/5/23)

Tell that to tradwives and fundamentalist religious people.

However, notes on the nonabusive arranged marriage deal:

I don't know if Rhaegar was all that tragically "trapped" in a marriage with Elia. Lyanna would have been w/Robert and even Elia doesn't obtain perfect happiness with Rhaegar, but Rhaegar wasn't likely suffering in his marriage.

I think that if there was an established or growing sexual or romantic intimacy where it is felt/talked about the intimacy should not be given to others simultaneously (a "closed" relationship, even if to just feel each other out for a time for a trial period) between the married couple, then it is cheating. Because some sort of romantic-sexual relationship or commitment was made. There needs to be a willing commitment in order for there to be cheating when one/both partners stray.

HOWEVER, it then gets bothersome when we go into societies where infidelity and the social/legal punishments disproportionately affect one spouse over the other AND/OR one spouse, esp according to gender. Elia/Rhea Royce/the wife could suffer her reputation degrading if Rhaegar/Daemon/the husband is seen out with other women because: she loses credibility of attractiveness; she must deal with the fact that her husband can bring in his bastards without her consent or disregarding her feelings (further and public diminishment of her authority that contradicts her duties as the household's "matron" and practical head manager while her husband gives the final orders and outranks her--as married noblewomen are tasked to be--and yet also have the inability to decide who gets to be a part of that household/exclusion from the political maneuvering of family-lineage, which men are given the privilege of); she now has to at least consider how her own legitimate kids will relate (maybe even someday come to conflicts over their father's inheritances and/or affections and favor) and have advantages over their illegitimate siblings, which is more mental and maybe economic work for her bc again she is the practical head manager of the households' needs which now may include her husband's mistress and any and all bastard kids he has with her; she has to now come to terms with how the economic resources and inheritances will be further split after her husabnd dies amongst his children, even when she was the one, again, maintaing the household and some of the family aren't even hers; if a wife was caught cheating (or even if this were an open thing) she'd still be treated much worse than if the roles were reversed. Women in real history have been: imprisoned in their own homes; sent off to nunneries to "wait out" scandals or just to be there forever for their own and their husbands' families to avoid shame in a sort of "exile"; publicly shamed and ridiculed, losing community sympathy or regard; and even outright murdered (stoning) in public punishments or never justified after their relatives or husband's kill them for adultery...because lineage and power runs through the male line, not the woman's, and any doubt of the man's control over her reproduction is taken a lot more seriously than the reverse. The wife, more than her husband, is always the one more at risk of losing some sort of sociopolitical benefit, security, or privilege for either herself or her kids, with either his or her infidelity.

So if and only if Rhaegar and Elia both understood and knew the other understood that their marriage would be open, no he didn't "cheat" on Elia. But it is valid ("correct"? more debatable), for people to dislike Rhaegar for Lyanna IF:

he went off w/Lyanna without having some sort of real understanding with Elia where they acknowledge most/all these things OR if they could prove Rhaegar was responsible for Elia's being taken from Dragonstone by Aerys just by not being there to somehow stop or delay Aerys

if Elia only agreed or mostly agreed bc she wanted Rhaegar to leave her be and survive from here two births AND "that's just what privileged men do"

there was no plan for how Elia would be seen by the court around her in lieu of Rhaegar giving Lyanna the crown of flowers instead of her during the 281 tourney at Harrenhal or just by the fact that there were rumors for this relationship that she'd still have to face regardless of her Dornishness--she is still in a nonDornish court and will have to raise children in such a environment, she doesn't really have an out

Rhaegar actively chose to leave her behind with his father without at least staying by her side so he could just stay by Lyanna's in the Tower of Joy

The first implies that he decided he could risk his wife's reputation and sanity when she was already known to be very ill for most of her adult life and was almost killed in childbirth...for his own happiness of being in love or "just getting p*%$y". Its reverse is the ideal circumstance. But the "ideal" rarely happens consistently in GRRM's stories or real life when we try or want it to.

Tracking Rhaegar's, Elia, and Lyanna's Moves Right Before the Rebellion and During It:

281 A.C. -- Rhaegar gives Lyanna the winter rose crown of love and beauty instead of his wife Elia (presumably bc of many things: he admired her disguised participation as the Knight of the Laughing Tree; wanted the Starks or Baratheons to become more invested through even their outrage [this was a person's theory]; with the said crown he might have seen a vision with winter roses and Lyanna in it and decided to take that risk in that moment to trigger events he thought he needed.)

281-282 A.C. -- Rhaegar leaves Elia and their kids at Dragonstone "with half a dozen of his closest friends and confidants, on a journey that would ultimately lead him back to the riverlands" (TWoIaF -- the Year of the False Spring).

282 A.C. -- around Harrenhal, Rhaegar and Lyanna disappear together, triggering her father and brother to travel to KL by themselves and Brandon (brother) calls out ""come out and die.", not knowing Rhaegar is not in the city -> Aerys tortures and burns both him and his father

(*later, c 282-283 A.C.) Aerys calls back Elia and her kids by his side with -> sometime between Rhaegar leaving and him coming back with his army

c. 283 A.C. -- Aerys King Aerys sent Ser Gerold Hightower (the Lord Commander of the Kingsguard) to retrieve Rhaegar

283 A.C. -- Rhaegar returns to the crownlands and takes command of the Targaryen army after Jon Connington loses in the battle of the Bells

283 -- Battle of the Trident -> Rhaegar dies

283 A.C. -- Aerys sends pregnant Rhaella and Viserys to Dragonstrone but keeps Elia and her kids with him in fear of the Martells betraying him

I still think that with no new information besides Elia & Rhaegar's relationship is "complicated"--as GRRM said--and if Lyanna's family weren't that big of an issue, then Lyanna very well could have been genuinely friendly (not just amicable) with Elia. Again, Elia is from Dorne, the most sexually progressive place in the West of the ASoIaF world except for maybe some freefolk tribes. From the very little we hear of her and her character, she seemed unafraid to let her feelings known and unashamed of herself and what she wanted while still being serene.

Anyone interested can check out this post by dwellordream about infidelity in aristocratic marriages.

[thehodgepodgepagan]

Why using spiritspousalship as a catch all term is unsafe (in my opinion)

Before anyone throws a hissy fit, this is my opinion based off my beliefs and my own personal experiences and what I've gathered from others' beliefs and personal experiences

I've noticed that people use the term spiritspousalship (especially godspousalship) as a catch all term for most (if not all), "unconventional" (and even some "conventional" relationships like priest/priestess/priestenhood or oraclehood) relationships one can have with spirit.

I'm not saying this is always the case, but I've seen it happening a bit more frequently that's it's a bit concerning to me in my opinion.

Doing that is neither a completely accurate use of the term or a responsible and safe use of the term. Using spiritspousalship as a catch all term is confusing and misleading especially when it comes to familial and other platonic and non-romantic type of relationships.

When people talk about spousing, they think "marriage" and other life long adult relationships and pairing spousing with a term like familial or parental is misleading and kinda "icky". You're not getting married to your parent/aunt/sibling, so why use a term that sounds like you're talking about marriage to a family member (I know some don't mean it like that, but it still sounds like you're talking about "that")?

In my belief familial/parental "spousalship" is essentially adoptionship, where the spirit adopts you into their family, either as their child, sibling and so on. Yes, I admit I used to use the term familial/parental spousalship myself, but that's only because I hadn't know another term for that kind of relationship yet.

The term made me uncomfortable and I didn't like using it (especially in relation to minors) and it causes a lot of confusion especially because of the type of relationship it is. That's why I came up with the term "Spirit Adoptionship" and have decided to use that one instead of familial/parental spousalship, because like I said familial/parental spousalship is essentially spirit adoptionship (in my belief).

Spiritspousing is an eighteen or over practice, meaning its not a minor safe or minor welcome practice, but because many use it as a catch all term (i.e. familial/parental spousing) it denotes the idea that it is a minor safe and minor welcome practice, when it is not.

Consent is a crucial aspect of spiritspousing (among others) and minors (especially those fifteen or younger) cannot legally consent to anything yet, especially not to certain aspects that's inherently involved in spiritspousalship.

Not every relationship whether romantic, intimate/seggsual etc. will necessarily fall under spiritspousalship and not every relationship whether romantic, intimate/seggsual etc. can be (and should be) considered spiritspousalship.

You can have a romantic, intimate/seggsual etc. relationship with spirit without it being a spousalship, because relationships like those do exist and they're just as valid as a spiritspousal relationship (or any other type of spirit bond).

Also I've seen a lot of people also use the term "godspousing" itself as a catch all term and from what I've seen some even consider it to be an "umbrella term" when it's not. Spiritspousing is technically the "umbrella term" because it more or less encompasses all spirit classification. Godspousing talks about spousalship to a God/Goddess/Deity not an angel or demon or fae or whatever else.

Anyway this is mostly all I have to say about this topic, but I can/will talk more about it on a later date if need be.

[vrassociateslawfirm]

Understanding One-Sided Divorces in Gurgaon

Divorce is a stressful life event. The complexities become worse if you are fighting a one-sided divorce procedure. Divorce in India can feel like a maze of emotions and legal hurdles. It's a challenging journey filled with complexities and uncertainties. This blog will discover the legal steps and emotional challenges of one-sided divorces.

What is One-Sided Divorce? When a married partner files a divorce petition without the consent of their spouse, this type of divorce case falls under the one-sided divorce category. One-sided divorce cases are considered complex. Hence, you may need the support of an experienced divorce lawyer.

Legal Grounds for One-Sided Divorces The Indian law states different grounds on which a spouse can file for divorce, including cruelty, extramarital relations, abandonment, mental disorders, and irretrievable breakdown of marriage. In a one-way divorce case, the applying party should prove valid grounds for divorce, and this has to be supported with sufficient evidence, which is presented in the court for the family court.

Initiating Divorce Proceedings Proceeding with the process involves the petitioner filing a divorce petition in a family court designated for the case. The Petitioner submits the petition along with additional evidence presenting the legal grounds for seeking a divorce. During this time, the court will send a notice to the respondent. This allows him/her to present arguments against the accusation, too.

Challenges and Complexities Although a one-sided divorce in India is a complex litigation procedure, it indeed assumes its proper sense when the defendant opposes the petition. Extended court cases may aggravate the emotional and financial stress of both spouses. Child custody, alimony, and the division of assets bring multiple problems into one, complicating the process of reaching an agreement and finding resolutions.

Legal Representation and Advocacy The legal system might be complex to handle, so consulting professional help is the best decision for successfully handling all processes. Experienced divorce lawyers provide expertise, support, and representation during and after divorce legal proceedings. They assist in presenting a strong case, identifying evidence, and ensuring that the applicant's rights and interests are upheld.

Emotional and Psychological Impact Apart from the legal aspects of one-sided divorces, the emotional and psychological repercussions on all people concerned have devastating consequences. The breakup of a marriage is likely to result in a spectrum of emotions, including grief, fury, and agitation. Self-care needs to be highlighted now, and individuals should seek emotional support and counseling to overcome any related consequential issues.

Child Custody and Support Decisions on matters such as custody and support of children in cases of divorce additionally add to the complexity of the divorce process. Courts place the Childs best interests above everything else, including their education, emotional growth and welfare, and the parental capacity of both parents. Reaching agreements on custody arrangements and parenting plans should not be made from one-sided demands and should be performed from mutual understanding and cooperation.

The Best Divorce Lawyer in Gurgaon Choosing an attorney for a marital dispute in Gurgaon is the most pivotal decision. VR Associates Law Firm proves to be the best divorce lawyer in Gurgaon. Through our dedication to coordination, communication, and client focus, our attorneys give the best legal support to those with marital problems.

Whether you are searching for a matrimonial or divorce lawyer in Gurgaon, VR Associates is the best option. You need to recognize the significance of the role that your legal partner can play in the outcome of your case. Hire VR Associates Law Firm, as you are assured of their outstanding, compassionate, and competent services. They are enabling you to get through challenging situations as you make a new beginning.

[blahblahnezz]

Case: HOMEOWNERS SAVINGS & LOAN BANK vs. MIGUELA C. DAILO

FACTS:

Respondent Miguela C. Dailo and Marcelino Dailo, Jr. were married on August 8, 1967. During their marriage, the spouses purchased a house and lot in San Pablo City, registered in the name of Marcelino Dailo to the exclusion of his wife.

In 1993, through a grant of Special Power of Attorney to Lilibeth Osmundo, Marcelino obtained a loan from petitioner Homeowners Savings and Loan Bank, secured by the property in San Pablo. Gesmundo also executed a Real Estate Mortgage constituted on the subject property in favor of petitioner without the knowledge and consent of respondent. The loan matured and remained outstanding which led to the foreclosure of the mortgage.

In 1993, Marcelino died.

Respondent found out later about the mortgage and claimed that she had no knowledge of it. She further claims that the property was conjugal in nature and so she consequently filed for the Nullity of Real Estate Mortgage and Certificate of Sale, Affidavit of Consolidation of Ownership, Deed of Sale, Reconveyance with Prayer for Preliminary Injunction and Damages against petitioner. In the latter’s Answer with Counterclaim, petitioner prayed for the dismissal of the complaint on the ground that the property in question was the exclusive property of the late Marcelino Dailo, Jr. The Court of appeals favored Miguela. Hence this petition.

ISSUE:

1.) Whether or not the mortgage entered into by respondent’s husband without her knowledge was valid.

2.) Whether or not the property may be held liable for the obligation obtained by the late Marcelino Dailo.

HELD:

The court held that the property relations of respondent and her late husband shall be governed, foremost, by Chapter 4 on Conjugal Partnership of Gains of the Family Code and, suppletorily, by the rules on partnership under the Civil Code. In case of conflict, the former prevails because the Civil Code provisions on partnership apply only when the Family Code is silent on the matter.

Marcelino and Miguela Dailo were married before the effectivity of the Family Code. In the absence of a marriage settlement, their properties were governed by the system of Conjugal Partnership of gains, which was made also made applicable after the effectivity of the Code.

Article 124 of the Family Code, in the absence of (court) authority or written consent of the other spouse, any disposition or encumbrance of the conjugal property shall be void. The Court ruled that the mortgage entered into by Marcelino without his wife’s consent and, thus, was void.

As to the issue of liability of the property for the obligation obtained by Marcelino, the court held that for failure to present clear proof that the said obligation redounded to the benefit of the family which under Article 121 of the Family Code, the subject property could not be held liable.

[paolawdiary]

IMPORTANT WORDS DEFINED.

Extrinsic Validity, defined.

The lex loci celebrationis principle is expressed in the first paragraph of Article 26 of the Family Code: “All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country. Extrinsic validity of marriage relates to the conduct of third persons such as public officers in solemnizing the marriage, the issuance of the marriage license or performance of the marriage ceremony; it does not relate to acts attributed to the parties getting married.6 As long as there is compliance with the requirements imposed in the country where the marriage was celebrated, the marriage is considered valid there and everywhere. Reference: FUNDAMENTAL CONFLICT OF LAWS CONCEPTS AS APPLIED TO THE PHILIPPINE LAW ON PERSONAL AND PROPERTY RELATIONS OF COUPLES WITHIN AND WITHOUT MARRIAGE by ELIZABETH AGUILING-PANGALANGAN

Intrinsic Validity, defined.

The new Civil Code of the Philippines provides for the application of the nationality principle on significant issues in family law: “Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.” The municipal laws of each State specify the rules governing marriage and its termination, and the rights and duties of members of the family. For the Philippines, the substantive requirements for a valid marriage are found in Article 2 of the Family Code. These essential elements of marriage are: (1) legal capacity of the contracting parties who must be a male and a female; and (2) consent freely given in the presence of the solemnizing officer. Legal capacity to marry means that the parties entering into the marriage must be at least 18 years of age, that one party is a female and the other a male, and that neither is barred by any impediment to marry the other. The second substantive requisite is consent freely given by the parties in the presence of an authorized solemnizing officer. Reference: FUNDAMENTAL CONFLICT OF LAWS CONCEPTS AS APPLIED TO THE PHILIPPINE LAW ON PERSONAL AND PROPERTY RELATIONS OF COUPLES WITHIN AND WITHOUT MARRIAGE by ELIZABETH AGUILING-PANGALANGAN

Paraphernal Property, defined.

According to the Civil Code in force in the Philippines, by paraphernal property is meant that which the wife brings to the marriage without including it in the dowry, and that which she later acquires without adding it thereto. The wife retains the ownership over such property; the husband cannot exercise any action of any sort with respect to such property without the intervention or consent of his wife, who has the management of said property, unless she has made it over to him before a notary in order that he may administer it, in which case the husband is bound to give a mortgage for the value of the personal property received by him, or to give security therefor in the manner provided for in dowered estate. The husband's personal obligation shall not be collected from the income of the paraphernal property, unless it be proved that they have been for the benefit of the family. (Arts. 1381, 1382, 1384, and 1386 of the Civil Code.) Reference: GASPI VS. HONORABLE JUDGE MARIA CLARISSA L. PACIS-TRINIDAD - G.R. No. 229010. November 23, 2020 

Presumptive Legitime, defined.

It is not defined in the law. Its definition must have been taken from Act 2710, the Old Divorce Law, which required the delivery to the legitimate children of "the equivalent of what would have been due to them as their legal portion if said spouse had died intestate immediately after the dissolution of the community of property." As used in the Family Code, presumptive legitime is understood as the equivalent of the legitimate children's legitimes assuming that the spouses had died immediately after the dissolution of the community of property. Presumptive legitime is required to be delivered to the common children of the spouses when the marriage is annulled or declared void ab initio and possibly, when the conjugal partnership or absolute community is dissolved as in the case of legal separation. Failure of the parents to deliver the presumptive legitime will make their subsequent marriage null and void under Article 53 of the Family Code. Reference: BAR 1999

Source:

Family Code of the Philippines (2022); Judge Ed Vincent S. Albano , Ed Vincent A. Albano, Jr.

[michm-law]

Article 86 of the FAMILY CODE

Article 86. A donation by reason of marriage may be revoked by the donor in the following cases:

If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;

When the marriage takes place without the consent of the parents or guardian, as required by law;

When the marriage is annulled, and the donee acted in bad faith;

Upon legal separation, the donee being the guilty spouse;

If it is with a resolutory condition and the condition is complied with;

When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (132a)

EXPLANATIONS:

1. The celebration of marriage is necessary in the validity of donations propter nuptias when a donation was given by a party before marriage and it was not celebrates it may be revoked;

2.When the marriage takes place without the consent of parents or guardian who is required to have this consent and it was not or given for example ,Jose married Maria was 20 yrs old before their marriage and Maria was not given consent by her parents or guardian and Maria donated a property to Jose.The donation maybe revoked at the instance of Maria ;

3.When the marriage was annulled ,and the donee acted in bad faith the donation is revoked by the operation of law under Article 43(3), 44 and 50;

4.Upon legal separation and the donee being the guilty spouse ,one of the effectd of legal separation is the dissolution of their absolute community of property or congugal partner

5.if it is with a resolutory condition and the condition is complied with ,example X married Y and Y was studying ,X donated a property to Y in a condition that Y shall return the property after Y graduated .

6.When the donee committed and act of ingratitude to the donor,when the donee committed and offence to the honor ,or a criminal offense to the donor or when the donee refuse to give support to the donor then the donation maybe revoked .

[jjlawidaho]

Family attorney in Boise and Nampa ID explains Annulment vs. Divorce

A family attorney can help you understand the distinction between annulment and divorce Family attorney in Boise and Nampa ID can help you handle separation legally. In the realm of marital dissolution, two common legal processes are often sought by individuals whose marriages have irretrievably broken down – annulment and divorce. While both procedures lead to the termination of a marriage, they are fundamentally distinct in their implications, eligibility criteria, and legal effects. For residents of Idaho, it is crucial to comprehend the dissimilarities between annulment and divorce under the state's laws to make informed decisions regarding the appropriate course of action when facing the end of a marriage.

Annulment in Idaho: A Declaration of Nullity

An annulment is a legal declaration that deems a marriage null and void, as if it had never existed in the eyes of the law. Unlike a divorce, which terminates a valid marriage, an annulment essentially erases the marriage as if it never happened. Consequently, parties to an annulled marriage revert to their single status, with no legal recognition of any marital relationship.

Eligibility for Annulment in Idaho: To pursue an annulment in Idaho, specific grounds must be established. The state recognizes several grounds for annulment, and the burden of proof lies with the party seeking the annulment. The following are some common grounds for annulment in Idaho:

Bigamy or Polygamy: If one spouse was already legally married to another person at the time of the marriage, the subsequent marriage can be annulled.

Incest: Marriages between close-blood relatives, such as siblings or parents and children, are considered void.

Lack of Consent: If one of the parties was under the legal age of consent or was mentally incapacitated at the time of the marriage and did not have the capacity to provide informed consent, the marriage may be annulled.

Fraud or Misrepresentation: An annulment may be granted if one party entered into the marriage based on fraudulent misrepresentations made by the other party.

Impotence: If one spouse is physically incapable of consummating the marriage, and the other party was unaware of this condition before the marriage, an annulment may be sought.

Duress or Force: If one party was coerced or forced into the marriage against their will, the marriage can be annulled.

Time Limit for Annulment in Idaho: It is essential to note that there is a time limit for seeking an annulment in Idaho. Generally, a party must file for an annulment within one year from the date of the marriage. However, certain circumstances may extend this time limit, so it is advisable to consult with an experienced family law attorney to understand the specific situation.

Divorce in Idaho: Dissolving a Valid Marriage Divorce, also known as dissolution of marriage, is a legal process that terminates a valid marriage, recognizing that the marriage existed and is now being dissolved. Unlike an annulment, a divorce acknowledges the legal validity of the marriage and its subsequent termination.

Grounds for Divorce in Idaho: Idaho is a no-fault divorce state, which means that a divorce can be granted without proving any specific fault on the part of either spouse. The only ground for divorce required in Idaho is the irretrievable breakdown of the marriage. This implies that the marriage has broken down beyond repair, and there is no reasonable likelihood of reconciliation between the parties.

Residency Requirements for Divorce in Idaho: Before filing for divorce in Idaho, one of the spouses must have been a resident of the state for at least six full weeks before the divorce petition is filed. This residency requirement ensures that the case is appropriately handled within the jurisdiction of Idaho courts.

Division of Assets and Debts: In both annulment and divorce cases, the court will determine the division of marital assets and debts, as well as issues related to child custody, visitation, and support, if applicable. Idaho follows the principle of equitable distribution, which means that marital assets and debts are divided fairly, but not necessarily equally, between spouses.

Legal Effects and Considerations Both annulment and divorce have different legal effects that may impact various aspects of the parties' lives. Understanding these effects is essential when making decisions about which legal process to pursue.

Child Custody and Support: In both annulment and divorce cases, the court will address matters related to child custody, visitation, and support, if applicable. Idaho courts prioritize the best interests of the child when making decisions about custody and support arrangements. It is essential for parents to present their child custody plans and cooperate in determining what is best for their children during these legal proceedings.

Spousal Support (Alimony): During a divorce, the court may consider awarding spousal support (alimony) to one of the spouses, depending on factors such as the length of the marriage, the financial needs and resources of each spouse, and the contributions made during the marriage. However, in an annulment, spousal support is generally not awarded, as the marriage is considered void from its inception.

Marital Property Division: In both annulment and divorce cases, the court will divide marital assets and debts. Marital assets typically include property acquired during the marriage, while separate assets are usually retained by the original owner. Idaho follows the principle of equitable distribution, which means the court will aim to divide marital property fairly based on various factors, such as each spouse's financial and non-financial contributions to the marriage.

Religious and Social Considerations: The decision to pursue an annulment or a divorce may also be influenced by religious beliefs and cultural norms. Some individuals may prefer an annulment, as it is considered a declaration that the marriage never existed in the eyes of their religious or cultural community. However, others might opt for a divorce to formally terminate the marriage and address issues like property division and child custody.

Privacy and Public Record: Another consideration is the level of privacy associated with each legal process. Divorce cases are generally a matter of public record, meaning the details of the proceedings can be accessed by the public. On the other hand, annulment cases are often treated with greater confidentiality due to their sensitive nature.

Legal Representation and Support: Regardless of whether one chooses annulment or divorce, seeking legal representation is highly recommended. A family law attorney familiar with Idaho laws can guide individuals through the complexities of the legal process, ensuring their rights are protected, and the best possible outcome is achieved.

Hire the best family attorney in Boise and Nampa ID

Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started. For a free 30-minute consultation, book here: https://calendly.com/jfj-1

[court-marriage-lawyers]

What Is Age Related New Law For Court Marriage?

The Supreme Court recently noted that it is difficult to arrive at a "straitjacket formula on marriageable age of girls to fit every case" in the wake of a significant number of girls choosing to wed before the stipulated legal age, and experts feel that the complicated issue needs to be addressed quickly.

The Supreme Court made its statement in response to a complaint from the National Commission for Women (NCW) regarding decisions by the Delhi High Court and the Andhra Pradesh High Court that permitted young women to remain married because they admitted that they had eloped voluntarily with their beaus.

The truth of our day has been established by the Supreme Court. Many young ladies voluntarily elope with their boyfriends. Nina P. Nayak, a member of the National Commission for the Protection of Child Rights, claims that many of them are obstinate and unwilling to go back to their parents' homes (NCPCR).

Statistics made available by the NCPCR show that young females are getting married in both urban and rural locations. Nina claims that it is vital to connect with and support these girls. "We must implement awareness-raising and counseling initiatives to prevent young marriage among women. They must be given the confidence to stand by themselves, she continues.

Child marriage, according to the United Nations Children's Fund, is "the marriage of a girl or boy before the age of 18 and refers to both legal marriages and informal marriage-like arrangements in which minors under the age of 18 live with a spouse.

Child marriage is common:

It is a result of ingrained gender inequality and deeply ingrained socio-cultural norms, which ultimately have a disproportionately negative effect on girls. Girls are frequently brought up with marriage as their ultimate objective in a patriarchal culture like India.

They are not expected to enter the workforce, receive an education, or are allowed to leave the household. As a result, the families view them as a financial burden until they are married, and marrying them off early is not just in keeping with custom but also more practical from an economic standpoint.

Child marriage appears to be a solution rather than a problem for many Indian tribes due to the likelihood of an adulterous pregnancy, which might jeopardise marriage prospects and make the girl a financial obligation for an extended length of time.

So, while being against the law, child marriages are widely condemned in society. This is demonstrated by the fifth phase of the National Family Health Survey, which was just released and revealed that over one-fourth of women between the ages of 20 and 24 reported getting married before turning 18.

Despite the fact that the current child marriage rule has been in effect for more than 40 years, there has been a little decline since the survey's last round in 2015–16. Even if there was a significant decline in child marriages between 2005–2006 and 2015–2016, this might not be due to the law but rather to greater educational possibilities and other causes.

Age of consent is a challenging topic:

Young girls are frequently persuaded and under pressure to get married young by their families and the larger community. It's a complicated problem. It is correct that we must defend females' rights to marry the spouse of their choice. Yet in order to completely eradicate child marriage, especially in rural regions, regulations must also be enforced.

Worries about the law:

The proposal that would make girls legally able to marry at age 21 could have a number of negative effects.

Potential abuse of the law: A study by Partners for Law in Development found that 65% of the cases brought under the current child marriage statute were brought in reaction to elopement (not necessarily involving marriage) and were brought by relatives or parents who disapproved of the match. Regardless of the couple's age or the validity of their marriage, these cases would be falsely filed in an effort to harass them.

Possibility of an increase in sex-selective behavior:  By raising the legal marriage age without altering patriarchal social standards, parents may feel even more "burdened" by their daughters' greater responsibilities, which may result in more sex-selective behaviors.

If the couple lives in Delhi then Same Day Court Marriage In Delhi can be done. Likewise, court Court Marriage In Jaipur can be done if the couple lives in Jaipur. If the couple lives in Ghaziabad then Ghaziabad Court Marriage can be done.

To address the issue, Lead India provides a variety of knowledge, legal services, and free legal advice.To get the best guidance in this case, ask a legal question for free online and talk to a lawyer.

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Ghaziabad Court Marriage, Same Day Court Marriage In Delhi, Court Marriage In Jaipur,

[sevamelanie28]

SIMON R. PATERNO, PETITIONER, v. DINA MARIE LOMONGO PATERNO, RESPONDENT.

G.R. No. 213687

January 08, 2020

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation. (144a)

FACTS:

Dina Marie Lomongo and Simon Paterno had been wed for more than ten years when Paterno departed the house in 1998. Lomongo said he had left her for another woman. Simon submitted a petition asking for his marriage to be declared completely null and void. It was finally accepted two years later, finding that both partners were psychologically unable to uphold their marriage commitments. The decision was made to be final, leaving the issue of how the union's assets would be divided, liquidated, and delivered to their daughter to be resolved. Throughout her testimony, Lomongo discussed the riches she and Paterno had accumulated during their ten-year marriage.

ISSUE:

Whether or not all properties acquired by the spouses prior to the judicial declaration of the nullity of the marriage under Article 146 of the family Code were co-owned by them pursuant to Article 147.

RULING:

The co-ownership of properties acquired during the union is not something the parties assert that is covered by Article 147. In the Valides case, this was said. Despite the fact that they are already legally divorced, the petitioner's reasoning suggests that whatever property they both acquire before the judicial declaration will fall under the co-ownership system as long as they are legally wed until a court declares their union to be null and void. The petitioner should be informed, however, of the legal effect of a confirmation of a void ab initio marriage: it is retroactive to the time of the marriage ceremony.  In summary, the marriage ceremony was nullified as if no marriage had taken place when the trial court deemed her marriage to Paterno void in 2005 due to both parties' psychological incapacitance. 

[legisservitaepax]

Abalos vs Macatangay

G.R. No. 155043

Facts

A piece of property with improvements is registered to Arturo and Esther Abalos as the proprietors. In favor of Macatangay, Arturo executed a Receipt and Memorandum of Agreement obliging him to sell the latter the subject property and forbidding him from making a competing offer within 30 days of the date. Additionally, full payment would be made as soon as Macatangay received control of the property. In favor of the couples, Macatangay provided a P5,000.00 earnest money deposit that will be subtracted from the P1,300,000 purchase price.

At that point, Arturo and Esther were having marital issues, and Macatangay annotated the title of the property to protect his interests. Then he wrote them a letter letting them know he was prepared to pay the entire purchase price. Through her SPA, Esther signed a contract to sell the property to the extent of her conjugal interest to Macatangay for P650,000, less the money she and Arturo had already received. She agreed to give the property and the deed of absolute sale to Macatangay within 20 days of full payment, and he committed to pay the remaining P1, 290,000.00 amount after taking control of the land.

Issue

Whether or not the sale of property is valid.

Ruling

No. Esther and Arturo appear to have wed before the Family Code went into effect. Since there is no sign that they have chosen a different system of property ownership, the conjugal partnership of gains system would automatically control their property relations. The spouses’ conjugal partnership includes the subject land, which was ostensibly acquired during their marriage.

The Family Code has made various revisions, particularly in the area of how the civil union is handled. According to the new law, the husband and wife are now jointly responsible for managing the civil union. In the event that one spouse is incompetent or otherwise unable to engage in the administration of the conjugal partnership, the other spouse may take sole powers of administration. The ability to dispose of or encumber jointly owned property is not included in the power of administration, though. The current legislation expressly stipulates that before disposing of or encumbering property owned by a conjugal partnership, each spouse must first obtain the other’s written consent or the court’s approval.

#JudgePrincess

[nopradamaria]

HOMEOWNERS SAVINGS & LOAN BANK vs. MIGUELA C. DAILO

G.R. NO. 153802

FACTS:

Respondent Miguela C. Dailo and Marcelino Dailo, Jr. were married on August 8, 1967. During their marriage, the spouses purchased a house and lot in San Pablo City, registered in the name of Marcelino Dailo to the exclusion of his wife.

In 1993, through a grant of Special Power of Attorney to Lilibeth Osmundo, Marcelino obtained a loan from petitioner Homeowners Savings and Loan Bank, secured by the property in San Pablo. Gesmundo also executed a Real Estate Mortgage constituted on the subject property in favor of petitioner without the knowledge and consent of respondent. The loan matured and remained outstanding which led to the foreclosure of the mortgage.

In 1993, Marcelino died.

Respondent found out later about the mortgage and claimed that she had no knowledge of it. She further claims that the property was conjugal in nature and so she consequently filed for the Nullity of Real Estate Mortgage and Certificate of Sale, Affidavit of Consolidation of Ownership, Deed of Sale, Reconveyance with Prayer for Preliminary Injunction and Damages against petitioner. In the latter’s Answer with Counterclaim, petitioner prayed for the dismissal of the complaint on the ground that the property in question was the exclusive property of the late Marcelino Dailo, Jr. The Court of appeals favored Miguela. Hence this petition.

ISSUE:

1.) Whether or not the mortgage entered into by respondent’s husband without her knowledge was valid.

2.) Whether or not the property may be held liable for the obligation obtained by the late Marcelino Dailo.

HELD:

The court held that the property relations of respondent and her late husband shall be governed, foremost, by Chapter 4 on Conjugal Partnership of Gains of the Family Code and, suppletorily, by the rules on partnership under the Civil Code. In case of conflict, the former prevails because the Civil Code provisions on partnership apply only when the Family Code is silent on the matter.

Marcelino and Miguela Dailo were married before the effectivity of the Family Code. In the absence of a marriage settlement, their properties were governed by the system of Conjugal Partnership of gains, which was made also made applicable after the effectivity of the Code.

Article 124 of the Family Code, in the absence of (court) authority or written consent of the other spouse, any disposition or encumbrance of the conjugal property shall be void. The Court ruled that the mortgage entered into by Marcelino without his wife’s consent and, thus, was void.

As to the issue of liability of the property for the obligation obtained by Marcelino, the court held that for failure to present clear proof that the said obligation redounded to the benefit of the family which under Article 121 of the Family Code, the subject property could not be held liable.

[noelmendozasblog]

Melicio Domingo v. Sps. Molina G.R. No. 200274,

April 20, 2016

DOCTRINE: If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extrajudicially within one year from the death of the deceased spouse. If upon the lapse of the six month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.

FACTS: The spouses Anastacio and Flora Domingo bought a parcel of land. During his lifetime, Anastacio borrowed money from the respondent spouses Genaro and Elena Molina. 10 years after Flora’s death, Anastacio sold his interest over the land to the spouses Molina to answer for his debts. Melecio, one of the children of Anastacio and Flora, learned of the transfer and filed a Complaint for Annulment of Title and Recovery of Ownership against the spouses Molina. Melecio claims that Anastacio gave the subject property to the spouses Molina to serve as collateral for the money that Anastacio borrowed. Anastacio could not have validly sold the interest over the subject property without Flora’s consent, as Flora was already dead at the time of the sale. The RTC dismissed the case because Melecio failed to establish his claim. The RTC also held that Anastacio could dispose of conjugal property without Flora’s consent since the sale was necessary to answer for conjugal liabilities. The CA affirmed the RTC ruling in toto. The CA also held that Flora’s death is immaterial because Anastacio only sold his rights, excluding Flora’s interest, over the lot to the spouses Molina.

ISSUE: Whether the sale of a conjugal property to the spouses Molina without Flora’s consent is valid and legal?

RULING: YES. Article 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. In the case of Taningco v. Register of Deeds of Laguna, we held that the properties of a dissolved conjugal partnership fall under the regime of co-ownership

among the surviving spouse and the heirs of the deceased spouse until final liquidation and partition. The surviving spouse, however, has an actual and vested one-half undivided share of the properties, which does not consist of determinate and segregated properties until liquidation and partition of the conjugal partnership. An implied ordinary co-ownership ensued among Flora’s surviving heirs, including Anastacio, with respect to Flora’s share of the conjugal partnership until final liquidation and partition; Anastacio, on the other hand, owns one-half of the original conjugal partnership properties as his share, but this is an undivided interest. Thus, Anastacio, as co-owner, cannot claim title to any specific portion of the conjugal properties without an actual partition being first done either by agreement or by judicial decree. Nonetheless, Anastacio had the right to freely sell and dispose of his undivided interest in the subject property. The OCT annotation of the sale to the spouses Molina reads that "only the rights, interests and participation of Anastacio Domingo, married to Flora Dela Cruz, is hereby sold, transferred, and conveyed unto the said vendees x x x x ”. At the time of the sale, Anastacio’s undivided interest in the conjugal properties consisted of: (1) one-half of the entire conjugal properties; and (2) his share as Flora’s heir on the conjugal properties. Anastacio, as a co-owner, had the right to freely sell and dispose of his undivided interest, but not the interest of his co-owners. Consequently, Anastactio’s sale to the spouses Molina without the consent of the other co-owners was not totally void, for Anastacio’s rights or a portion thereof were thereby effectively transferred, making the spouses Molina a co-owner of the subject property to the extent of Anastacio’s interest. This result conforms with the well-established principle that the binding force of a contract must be recognized as far as it is legally possible to do so (quando res non valet ut ago, valeat quantum valere potest). The spouses Molina would be a trustee for the benefit of the co-heirs of Anastacio in respect of any portion that might belong to the co-heirs after liquidation and partition. Melecio’s recourse as a co-owner of the conjugal properties, including the subject property, is an action for partition under Rule 69 of the Revised Rules of Court. As held in the case of Heirs of Protacio Go, Sr., "it is now settled that the appropriate recourse of co-owners in cases where their consent were not secured in a sale of the entire property as well as in a sale merely of the undivided shares of some of the co-owners is an action for PARTITION under Rule 69 of the Revised Rules of Court.

[inforelationship]

Different religion marriage: Does it matter?

The classical adage that "love conquers all" does not hold the true meaning in the real sense of the marriage world. If so, the rate of divorces for those not part of a different religion marriage category would be at lower levels.

Couples on the levels of starting a relationship are asked a lot of questions by their partners, such as how much do you earn? How many kids do you want? Which kind of food do you like? What is your faith? You may not like the question, or they may not like the answer you are giving them, but it's the attribute of a healthy relationship. You have to bear with it.

Meanwhile, several religious sects emphasize same-faith marriages or at least something like same-church marriages and encourage potential mates to avoid unbelievers or do all possible to convert them after marriage.

1 Corinthians 7:12-14 writes, "to the rest I say, If any brother has a wife who is an unbeliever, and she consents to live with him, he should not divorce her. If any woman has a husband who is an unbeliever, and he agrees to live with her, she not divorces him. For the unbeliever, the husband is made holy because of his wife, and the unbelieving wife is made holy because of her husband. Otherwise, your children would be unclean, but as it, they are holy."

Also, second Corinthians 6: 14 adds, "Do not be unequally yoked with unbelievers. For what partnership has righteousness with lawlessness? Or what fellowship has light with darkness?"

Moslems also echo the same sentiment. In Quarran 2:221; they say, "Do not marry idolatresses till they believe; and certainly a believing that an idolatress even though she would please you; and do not marry idolaters al Mushrikin till they believe and certainly a believing slave is better than an idolater, even though he would please you. These invite to the Fire, and Allah invites to the Garden and to forgiveness by His grace, and makes clear His revelations to mankind so that they remember."

In Qur'anic verse (5:5) also says, "As to marriage, you are allowed to marry the chaste from the among the believing women and the chaste from among those who have been given the Book before you (are lawful for you); provided that you have given them their dowries, and live with them in honour, not in fornication, nor taking them as secret concubines."

Secularly, or on a scale of measure, you will find that most divorce couples come from the same faith, and religious and marriage differences take on a whole new meaning.

There are also arguments outside same-faith marriages that believe if two people each feel committed and identify with their religion of origin can have good marriages if they can sort out their differences. The problem is heightened when couples from different faiths-based couple stumble over complexities attached to it.

Despite the differences, some things are supposed to be noted for the couples within interfaith to do for their marriage to thrive.

According to April Masini, an American relationship advice expert, say, differences capable of influencing marriages are not only those related to faith but also ideas about raising children, how to spend time and money, friendships, and professional networks, including those that are regarded as trivial such as where to live.

Here is one of the things to keep in mind when you are in an interfaith relationship.

Discussing what religion means to one another   

From a secular perspective, different religion marriages should not be a problem. People's faith doesn't define who they are, what they prefer, or their values, yet the interfaith difference can have a more good direction if the two couples can sit down and discuss the matter so that the dissimilarity to leave an impactful resolution on the couple's marriage.

Respecting each other's faith    

Accepting and respecting spouses' religion is part of who they are and can be the basis of resolving different religion marriage problems. This might include validating partners' religion, but it can also require encouragement to dig deeper into each other's religion.

Different religion marriage: Having a dialogue on the matter     

On the other hand, religion is a complex issue since it tackles the spirituality of the people's tastes and preferences and is a complex topic, particularly for couples staunch in their different faiths. Nonetheless, the complexities that cover the issue can be handled if the partners have an open mind and heart to resolve the matter. 

[wedidcourtmarriage]

Can Court Marriage Be Done In One Day

Every citizen has the right to wed the partner of their choosing, as stated in article 21 of the constitution. The authorized and legitimate way to wed your partner is through a court marriage. However, there are some conditions that must be met by both willing parties before a court marriage can be performed, such as age requirements and the necessary legal documentation work.  

Sometimes both partners are eager to get hitched and file for legal registration of their marriage union. Many laws were created to streamline, simplify, and lower the cost of the Court Marriage In Pune. These laws may include: 1) The 1955 Hindu Marriage Act Islamic Marriage Act of 1939 3) The 1872 Indian Christian Marriage Act

You can definitely fully understand the court marriage process after reading this article.

Eligibility of the partners for court marriage in one day:

There are certain requirements, which need to be followed by the willing parties for their court marriage procedure

· Age Criteria: In India, child marriage is forbidden. Both the partners must attain the legal age, whereas a boy and girl must be at least 21 years and 18 years old respectively.

· Valid Consent: Both partners need to be in good physical and mental health for their individual valid consent for the marriage

· Non-Prohibited Relationship: Unless their customs or traditions permit such marriage, the parties must not fall within the range of prohibited relationships. 

· No Living Spouse: Both the partners must not have in any kind of married relationship or their spouse already living with them 

There are also some valid documents required at the time of solemnizing the court marriage:

· Both the parties need to show the proof of your marital status

· The individual parties need to show the address proof by adhaar card, ration card, passport, or voter id.

· Both the parties need to show the birth certificate

· The proof of residence needs to be shown

· Passport-size photographs of both the parties

· Invitation card of marriage  

There are different rituals and traditions on the basis of the religion followed and practiced by the marrying parties, but to marry thru the court the procedure there are certain acts and laws have been made, which that couple has to follow with respect to their religion 

According To Hindu Religion: According to the Hindu Marriage Act of 1955, same-day marriage and registration are conducted if both partners are Hindus, including Sikhs, Parsis, and Jains.

Court marriage Court Marriage In Bangalore can be completed in just two steps in one day. You must first obtain a marriage certificate from a ritualistic place then, According to the Hindu Marriage Act, you can easily register your marriage in court with the aid of that certificate.

Arya Samaj Marriage - It takes around 2-3 Hours to get married in a valid Arya Samaj Mandir to get a court marriage certificate.

Registration in the Court - On the same day you can register your marriage in the court with the help of a verified Arya Samaj Marriage certificate.

According To Muslim Religion: If both the partners belong to the Muslim Religion then, same-day marriage & registration is performed according to the Muslim Marriage Act, 1939

Nikah - Marriage between two partners is referred to as Nikah in Islamic law. With the aid of a Kazi, both partners perform their Nikah. A Nikah Nama, or marriage certificate, is further issued by Kazi. 

Registration in the Court - On the same day, the marriage of Muslim partners are registered in the court as per the act.

According To Christian Religion: If both the partners belong to the Christian Religion then, same-day marriage & registration is performed as per the Indian Christian Marriage Act, 1872 

Church Marriage - Both the Christian partners are married in the Church. The priest performs the marriage of both the partners and issues a marriage certificate.

Registration in the court - On the same day, the marriage of Christian partners are registered in the court as per the act.

Why You Should Choose Lead India For Your Court Marriage?

1. Confidential: We protect each client's privacy. Numerous personal documents, including your Aadhar card, PAN card, address proof, etc., are needed for a court marriage, Court Marriage In Chandigarh. The safety and security of these personal details are our top priorities.

2. Smooth and hassle-free process: You don't need to be concerned about the court marriage procedure. At the court and Arya samaj mandir, our Associate will handle all the paperwork.

3. Verified Attorneys: All of the attorneys have years of experience and expertise in a variety of legal fields.

4. Publication and Intimation facility: Lead India Group has a media source of its own. We provide you with the option to easily publish your marriage in a newspaper with a subscriber base. After your court marriage, you'll have no trouble getting protection.

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Court Marriage In Pune, Court Marriage In Bangalore, Court Marriage In Chandigarh

[processofcourtmarriageinindia]

WHAT ARE THE SECTIONS IN THE HINDU MARRIAGE ACT, 1955  IN INDIA?

On the 18th of May, 1955 the Hindu Marriage Act was enacted as part of the Hindu Code Bills, other Acts which were passed are the Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, 1956and the Hindu Adoptions and Maintenance Act, 1956. 

The Purpose of the Act of 1955 was to codify and amend the laws relating to marriage among Hindus and others. The Act brought uniformity of law for all sections of Hindus. Also, in India there are religion specific civil laws which separately govern the adherents of certain other religions. Some of the important Sections of the Act are explained below- 

·Section 3 of the Hindu Marriage Act- Section 3 provides for the definitions of some of the terms mentioned in the Act, some of which have been explained below-

· Customs and Usages- mean a rule, which has been continuously and uniformly observed for a long period of time, thus has obtained the force of law among the Hindus of a local tribe, community, group of family. Thus, any such practice which has been in continuation for a long time would be recognised by the law in case of Court Marriage that particular community of Hindus. However, such practice shall be certain and not unreasonable or against the public policy.

· Full blood and half blood- the Act had described a full blood relationship between two persons where both are descended from same ancestors, i.e. father and mother are same. While in case of a half blood relationship, one of the parents are different, i.e. Father is same, but mothers are different.

· Degrees of prohibited relationship- two persons are said to be in the degree of prohibited relationship- 

a. If one of them is the lineal descendant of the other.

b. If one was the spouse of the lineal descendant of the other.

c. If one was the wife of the brother of the father’s/mother’s brother, or pf the grandfather’s/grandmother’s brother of the other

d. If the two are brother and sister, uncle and niece, aunt and nephew, or the children of brother and sister or of two brothers or of two sisters. 

Section 8 of the Hindu Marriage Act, 1955- under the Act of 1955, Section 8 provides for the registration of marriages. 

· The State Govt. under this a Act, may make rules to register the marriages which were solemnised in accordance to the provisions and conditions provided under the Act.

· If the State Govt believes that it is necessary, then it may provide that the entry mentioned in the Section 8(!), shall be compulsory in such state or any part of that state, or any other direction issued by the state govt., if is not complied with, then he shall be punished with a fine extending to Rs 25.

· Such a register so maintained as mentioned above shall be open for inspection and shall be admissible in the Court as evidence. 

· Also, the validity of a Hindu marriage will not be affected if such marriage has not been so registered, Court Marriage Lawyer In Delhi. 

Section 16 of the Hindu Marriage Act, 1955- provision provides for the legitimacy of the children-

· In case of a void marriage, if the decree of nullity is granted under Section 11 of the Act, any child born to such couple before the decree is made, who would have been a legitimate child if the marriage had been dissolved instead of being declared a void marriage, shall be deemed to be a legitimate child irrespective of the marriage being declared as null and void.

· This section does not confer the right to property to such a child as mentioned above other than the property of his/her parents. 

Section 23 of the Hindu Marriage Act- provides for-

· It should be the duty of the court before proceeding with the case for divorce or granting a relief under the Act of 1955, to make every effort to reconcile between the parties.

· It also has been made note of that the petition for divorce sought on the ground of mutual consent has not been brought by force, fraud or influence by any of the parties.

· That such petition has not been presented with the conspiracy of the defendant, Marriage Certificate Delhi. 

Lead India provides for a team of experienced advocates who deal with cases involving family law including issues such as succession laws, divorce, maintenance, child custody, etc. For legal assistance or advice you can contact us through internet or through phone call. 

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Court Marriage, Court Marriage Lawyer In Delhi, Marriage Certificate Delhi