Marriage, Divorce & Family Law Legal Advice

For inter-faith couples, the Special Marriage Act, 1954, is the way to get legally married, often called a "court marriage". I explain the 30-day notice period, the required documents, and the process for getting your marriage registered before the District Magistrate.

If you are a Christian couple getting married in Delhi, your marriage is registered under the Christian Marriage Act, 1872. I explain the unique process, which is handled by a specific registrar at the G.B. Pant Hospital, and the documents you'll need.

An Indian couple living abroad can still register their marriage in India without being physically present. I explain how to file a writ petition in the High Court to get permission for virtual appearance before the marriage registrar via the Indian embassy.

Are prenuptial agreements legal in India? I explain that while they are generally considered void under the Indian Contract Act, they can still be useful. I also discuss the alternative of a quasi-prenuptial agreement and the exceptions in states like Goa.

A child born out of a live-in relationship is considered legitimate and has the same inheritance rights as a child from a legal marriage. I discuss the landmark Supreme Court judgments that established this right and confirm that a birth certificate can be issued with both parents' names.

A woman in a live-in relationship is entitled to claim maintenance from her partner under Section 125 of the CrPC. I explain how the law, through various court judgments, provides financial protection and legal recourse against domestic violence for live-in partners.

A divorce through a panchayati samjhauta or mutual agreement on paper is not legally valid. I discuss a Supreme Court case where a woman was granted maintenance from her second husband, even though her first marriage was not legally dissolved, establishing a moral obligation.

In a divorce case filed on the grounds of adultery, it is no longer necessary to make the alleged adulterer a party to the petition. I explain the recent Delhi High Court ruling that changed this procedural requirement, simplifying such cases.

If you receive a one-time alimony or settlement amount after a divorce, it is not taxable. However, I explain why it is crucial to declare this amount as "exempt income" in your Income Tax Return to avoid scrutiny and notices from the tax department.