Wednesday, July 3, 2024
In India, the court fee in domestic violence cases is waived off for the victim
Saturday, June 15, 2024
What is the new law for inter religion marriage?
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.
- 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.
Here's a breakdown of the situation:
- Mutual consent is key: A court will only grant a divorce by mutual consent if both spouses genuinely agree to the terms throughout the process.
- Breach of agreement: If one spouse fails to uphold their end of the agreement, it can be considered a breach of contract.
- Legal recourse available: The spouse who is not at fault can then file a petition with the court, citing the breach of agreement and requesting the court to enforce the terms or grant the divorce decree.
Here are some additional points to consider:
- Evidence of breach: It's important to have documented proof of the agreement and the other spouse's non-compliance. This could include financial records, emails, or witness testimonies.