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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
Which marriage law governs a divorce petition?
Identify the law under which the marriage was celebrated before choosing divorce grounds or forms. Residence in Srinagar does not by itself select one personal-law…
FamilyContested divorce under the Hindu Marriage Act
A contested petition must plead and establish a statutory ground. Disagreement or a period of living apart does not automatically result in divorce.
FamilyMutual-consent divorce under the Hindu Marriage Act
Mutual consent requires the statutory conditions, a joint petition and the court's decree. Signing a settlement privately does not itself dissolve the marriage.
FamilyDivorce where the marriage falls under the Special Marriage Act
Use the Special Marriage Act's own grounds and procedure when that Act governs the marriage. Hindu Marriage Act section numbers are not interchangeable with it.
FamilyA Muslim woman's court claim for dissolution of marriage
A woman married under Muslim law may seek judicial dissolution on grounds provided by the Dissolution of Muslim Marriages Act, subject to proof and the Act's…
FamilyKhula, mubarat and a court decree — identifying the document
Do not treat every document labelled divorce as having the same effect. The route, parties' consent and governing personal law must first be identified.
FamilyInstant triple talaq — understanding the statutory issue
A pronouncement covered by the Muslim Women (Protection of Rights on Marriage) Act, 2019 is treated differently from other disputed divorce questions. Preserve its…
FamilyNikahnama and dower records in a family dispute
Keep the complete nikahnama and a separate account of dower agreed, paid and disputed. A summary amount can conceal important terms or later payments.
FamilyProving a marriage when the certificate is unavailable
A missing certificate should be flagged promptly. The evidence needed depends on the governing marriage law and the purpose for which status must be established.
FamilyLiving separately and judicial separation
Living apart describes a factual arrangement. Judicial separation is a statutory court remedy, and neither should be confused with a decree dissolving the marriage.
FamilyChoosing the court for a matrimonial petition
Territorial jurisdiction depends on statutory connecting facts. The most convenient court is not automatically the competent one.
FamilyManaging connected family proceedings
Maintain one case register covering every family-related proceeding and interim direction. An order in one case may be relevant in another, but should not be…