LexOrates

Matrimonial Issues

Q. I am a 28 year old married girl. My husband daily harasses me for more dowry. What remedy do I have?

A. In this case you can approach D.C.P (Women Cell ) and complain against your husband u/s 498 A of Indian Penal Code. You can also file a divorce petition in a separate Matrimonial Court.

Q. What is the minimum required age to marry under The Hindu Law?

A. Section 5 ( iii) of the Hindu Marriage Act provides that the bridegroom has to complete 21 years of age and the bride 18 years of age. Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both.

Q. I got married on in the year 2003 and since 2006 January my wife left the house and started staying separately till today. The Problem between us is attitude which result is incompatibility and understanding. My wife has agreed to be separated and willing to go in for a divorce and we want to file a joint petition for divorce by mutual consent. How should we proceed? How much time will it take for the divorce? When can a person marry again after obtaining a decree of divorce?

A. A petition on mutual consent for divorce can be obtained by both the husband and wife in accordance to the terms of Section 13B of the Hindu Marriage Act, 1955. The provisions of the said Section require that the husband and wife should be living separately for a period of more than 1 year and reconciliation between them is remote to live.

Since your wife has left the house, this fact has to be mentioned in the joint petition which shall prove that there are no matrimonial obligations for the past one year between you both. A joint petition has to be filed in this regard and after the filing of the same the Court grants a minimum period of six months (and maximum 18 months) for the parties in order to have a reconciliation, if any, and on the date fixed for hearing, if the parties still insist for a divorce, the court will take evidence and pronounce the judgment dissolving the marriage by a decree of divorce. As for the re-marriage after divorce, Section 15 of the Hindu Marriage Act, 1955, provides that after a decree of divorce has been granted, in case there is no right of appeal against the decree or if there is a right, that the time limit to prefer an appeal has expired without the appeal being preferred or presented, it shall be lawful for either party to marry again. The period of appeal as provided under Section 28 of the Hindu Marriage Act is 30 days from the date of the decree or order.

Q. If the wife has left the house of her husband and was living away from him without any reasonable cause; can the husband be entitled to judicial separation or divorce? Is there a time period for filing of divorce petition?

A. In case the wife has left the house of the husband and is living away from him without any reasonable cause, the husband is entitled to judicial separation or divorce. In order to entitle you to file a petition for divorce, you would be required to prove that your wife has deserted you without any reasonable cause and has been living separately for a continuous period of two years and on such proof, the court may pass order on Judicial separation or divorce.

Q. I profess Hindu Religion. My question is, if one of the spouse is not at all ready to give the divorce at any cost, then how much maximum time it can take to get the decree for divorce?

A. If one of the spouse is not ready to give divorce, then the remedy for the other spouse is to file a petition for divorce before the court of competent jurisdiction. Divorce can be granted on the ground of cruelty, desertion, voluntary sexual inter-course with any person, the other spouse being of unsound mind or conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years. The period of time for seeking a divorce decree can really not be specified, because it depends upon a number of circumstances and the business of the court in fixing the dates. It may also depend on the counsel to request the court to expedite the matter for early disposal and adjudication, subject to, the consent of the other side counsel.

Q. I have completed 7 months of my marriage. I was working before marriage and still continuing with a reputed company. My all certificates, Passport and PAN card is with my original name. We did register marriage. And now going to join new company with new name adding surname of my husband. We are little bit confuse with the following; 1) As I already have valid passport and PAN should not go for name change. 2) If I go for name change how should I do that, whom to contact for the same. 3) And If I go for name change what about my old certificates, PASSPORT and PAN? 4) How do I give my valid identification if I want to go out of the country? 5) Will my certificate remain valid with old name? Now every where people do demand valid identification. Bit confused with these questions. Kindly give the suggestion on the pros-n-cons of the name change.

A. You are in the concept of name change, but legally speaking your name is not changed, it is only the married name carries a different surname that of your husband’s family with your name and the maiden name is now become your married name.

As for to effect the new name in the passport, you need to file another new application with a supporting affidavit (the format of the affidavit is given in the passport application form itself) with proof of your marriage with a joint photograph of you both duly notarized and file with your older passport. As per the procedure, the passport will be given to you in your new name with the surname changed with the inclusion of your spouse name in the passport.

As for the PAN card the same procedure to be followed with a new application enclosing your old PAN Card and the new name will be incorporated without change in the PAN number.

The other academic certificates need not be changed as they remain in your maiden name and no authority will question on the change in the name.