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Wednesday, July 3, 2024

In India, the court fee in domestic violence cases is waived off for the victim

In India, the court fee in domestic violence cases is waived off for the victim (aggrieved person) under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The court may also order the respondent (the alleged perpetrator) to pay costs or damages to the aggrieved person.

As per the PWDVA, the aggrieved person is not required to pay any court fee for:

- Filing a complaint under Section 12 (Protection Order)
- Filing an application under Section 17 (Residence Order)
- Filing an application under Section 18 (Compensation Order)
- Filing an application under Section 20 (Custody Order)

However, it's always best to consult with a lawyer or legal aid organization to understand the specific rules and regulations in your jurisdiction.

Saturday, June 15, 2024

What is the new law for inter religion marriage?

Under the new law, you have to inform the district magistrate of any intention to convert and they must then conduct their own inquiries to make sure there is no coercion or inducement. The Special Marriage Act (SMA) of 1954, which allows for interfaith marriage, also requires couples to publicly post 30-day notice
.Before the marriage is performed, you, the person you are marrying, as well as three witnesses, should sign a declaration(( Section 11, Special Marriage Act, 1954.)) in front of the Marriage Officer. The Officer will also sign the declaration. You can perform the marriage at the office of the Marriage Officer.


The Supreme Court made the observations while hearing a case of an inter-caste marriage from Karnataka. The Supreme Court on Tuesday asserted that adults have the right to choose their life partner while saying that it was high time "society learns to accept inter-caste and inter-faith marriages".

Further, in a bid to ensure that the person, who is seeking to convert their religion, is well-informed on their decision, the High Court has mandated affidavits that must be obtained at the time of inter-faith marriage after conversion by the concerned persons/authorities, except in cases of marriages performed unde

The Delhi High Court has issued guidelines for persons seeking religious conversions for the purpose of inter-faith marriages. The directives also include prerequisites and compliance in the case of religious conversion in inter-faith marriages.

The guidelines have prescribed certain documentation as proof of consent by a person for religious conversion. It has mandated an affidavit by the concerned individual, stating that she/he is aware of the consequences and implications of their decision to convert their faith to tie the knot.


There isn't a specific law mandating guidelines for religious conversion for inter-faith marriages in Kerala. However, a recent Delhi High Court ruling provides directives that could be relevant. Here's a summary:

  • Focus on Informed Consent: The court emphasized ensuring the converting partner does so willingly and understands the implications.

  • Documentation: An affidavit from the converting partner stating their awareness and willingness for conversion might be required.

While these aren't Kerala-specific guidelines, they highlight the importance of informed consent.

Here's what you can do:

  • Consult Religious Authorities: Connect with religious leaders from both faiths to understand the conversion process and requirements.

  • Legal Advice: Consider consulting a lawyer specializing in family law or religious conversions for Kerala-specific guidance.

  • Focus on Understanding: Inter-faith marriages require respect and understanding of each other's religion. Explore both faiths together before any decisions are made.

Remember, a genuine inter-faith marriage thrives on mutual respect and understanding, not conversion solely 





Monday, March 11, 2024

Kerala, a recent High Court judgement allows Christian couples seeking divorce by mutual consent to potentially waive the two-year separation period.

In Kerala, a recent High Court judgement allows Christian couples seeking divorce by mutual consent to potentially waive the two-year separation period. However, there are still conditions that can be included in the divorce agreement. Here are some comm

on ones a wife might propose:
  • Financial Settlement: This could include a lump sum payment, spousal support, division of assets (like property or vehicles), or any combination.
  • Child Custody and Maintenance: If there are children involved, the agreement will need to specify who will have primary custody, visitation rights for the other parent, and how child maintenance will be handled.
  • Division of Debts: The agreement should address how any existing debts will be divided.
  • Stridhan: In some cases, the wife might seek to claim her Stridhan, which is her property obtained before or after marriage.

It's important to note that these are just some general points, and the specific conditions will depend on the couple's individual circumstances.

Here are some resources that you might find helpful:

  • Lawyers who specialize in family law can advise on the specifics of a divorce agreement.
  • Mutual Consent Divorce by Christians: lawwatch.in discusses the legal aspects of mutual consent divorce for Christians.
  • Minimal or No Financial Settlements: If there's minimal or no financial settlement involved (like spousal support or division of property), a Rs. 100 stamp paper might suffice.
  • Financial Settlements: If the agreement involves financial settlements, the stamp duty is typically calculated as a percentage of the total settlement amount. You'll need to consult the Kerala Stamp Act or a lawyer to determine the exact rate. However, some resources suggest the rate could be around 2% of the settlement value.

The information you previously received about a mandatory 6-month cooling-off period for mutual consent divorce in Kerala is outdated.

Recent court rulings have eliminated the mandatory 6-month waiting period for mutual consent divorces in India, including Kerala (https://vakilsearch.com/blog/new-rules-for-divorce-in-india-in-2023/).

This means a Christian couple in Kerala seeking a divorce by mutual consent can potentially file their petition without waiting for six months, provided they meet the other legal requirements.