Monday, September 25, 2017

Self Respect Marriage - Register Marriage

What is Section 7a of Hindu Marriage Act 1955 ? To who it is applicable ?

 In the State of Tamil Nadu, an amendment was introduced by Act 21 of 1967, Section 7-A was inserted in the Hindu Marriage Act. The relevant part of the Section reads us follows :--
"7-A. Special provision regarding suyamariyathai and seerthiruththa marriages.-
(1) This Section shall apply to any marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnised in the presence of relatives, friends or other persons.-
(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or as the case may be, her husband;
(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
(c) by the tying of the thali, (2) (a) Notwithstanding anything contained in Section 7, but subject to the other provi-
sions of this Act, ail marriages to which this Section applies solemnised after the commencement of the Hindu Marriage (Madras Amendment) Act, 1067, shall be good and valid in law.
(b) Notwithstanding anything contained in SECTION 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage Madras Amendment) Act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any Court, but subject to sub-section.
8. Section 8 of the Hindu Marriage Act provides for registration of Hindu Marriagesfor the purpose of facilitating the proof of such marriages. Under that section, the Stale Government is empowered to make rules providing that the parties to any such marriagemay have the particulars relating'to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose. Thus the section contemplates registration only of marriages which had already taken place. The ceremonies for the marriage are prescribed by Section 7 of the Act. NowSection 7 of the Act is introduced by Madras Amendment Act 21/1967. A marriage has to be solemnised in the presence of relatives, friends or other persons in the manner prescribed in that Section. In a case where the provisions of Section 7 or Section 7-A are not complied with, there is no question of there being a Hindu Marriage between a man and woman, as contemplated by the Act. Without such a marriage (sic)ther as prescribed under Section 7 or as prescribed under Section 7-A, there cannot be registration ofmarriage between man and woman under the provisions of Section 8 of the Act.
The Authour K.P.Satish Kumar M.L. is the leading family court lawyer in Chennai.
For  queries our whattsapp service No.9840802218.



Instant and Immediate Divorce in India

Supreme court in land mark Judgment has waived a 6 months cooling period in the case of Mutual consent divorce. It held Section 13B(2) of the Hindu Marriage Act is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. It has also said that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice. Section 13B(1) relates to jurisdiction of the Court and the petition is maintainable only if the parties are living separately for a period of one year or more and if they have not been able to live together and have agreed that the marriage be dissolved. Section 13B(2) is procedural. He submitted that the discretion to waive the period is a guided discretion by consideration of interest of justice where there is no chance of reconciliation and parties were already separated for a longer period or contesting proceedings for a period longer than the period mentioned in Section 13B(2). Thus, the Court should consider the questions: i) How long parties have been married? ii) How long litigation is pending? iii) How long they have been staying apart? iv) Are there any other proceedings between the parties? v) Have the parties attended mediation/conciliation? vi) Have the parties arrived at genuine settlement which takes care of alimony, custody of child or any other pending issues between the parties? The Court must be satisfied that the parties were living separately for more than the statutory period and all efforts at mediation and reconciliation have been tried and have failed and there is no chance of reconciliation and further waiting period will only prolong their agony. On such cases when a party make a petition to dispense the 6 months cooling period, then the court will use its discretionary power to grant mutual consent divorce as early after a week time. 

The Author Mr.K.P.Satish Kumar M.L. is the leading divorce lawyer in Chennai. 

Talk to the top divorce lawyer and send your queries to our whattsapp service No.9840802218.



Sunday, May 7, 2017

Women’s Common Mistake in Divorce # 3

The most common mistake done by a women is they borrow money for the family expenses and divorce proceedings. A women should not borrow money from family, as they should save those resources for another time. Instead, they should see if they can borrow against their home or get a credit card. If they are financially dependent on their husband, then he is responsible for paying for at least part of their representation. If it is not they she should have her own financial stability to face the life and the divorce cases.

Debt makes a women worsen than past marriage life. Be diligent get a full financial support from parents or brother’s to contest the divorce case in a well being manner. A good support from your family and a financial blessing either by the way of parents or by work proceed with your divorce case. Because your husband can engage a good lawyer to defense his case.  A women should be in a better position to contest her case in a successful way.

Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008



Women’s Common Mistake in Divorce # 2

Most common  mistakes done by the women’s they go behind the idea of non-professional’s such as friends, neighbors and relatives. If you pursue towards divorce then you should ask advise from the experts who can deal the divorce problems very well.  If  they should not just go for a free consultation and its better if they can avoid it, as they will get better legal advice if they pay for it.
Get a expertise attorney who has good knowledge and practice in family laws. Even they charge high avail the professional service, that can simplify your problems and put an end for all the divorce complications.
It is better to act with the guidance of the experienced lawyer. So women’s can tackle their husbands in the divorce war.
Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008

Women’s Common Mistake in Divorce # 1

A women things about a divorce when she feels a victim to family problems only at last. She tries to continue the institution of marriage in the hope of resolving the problems or to take it as a part of her life. Only at the extreme condition, a women feels that she need a divorce from her partner.
A women should not panic and should go online and find out everything that they need to know. They should meet a lawyer or more than one lawyer and find out what their rights are. Women should remember that they are not going to get kicked out of their home immediately just because their husband is not paying their rent or mortgage anymore and should not get intimidated into agreeing to a settlement before they are ready to.
A women should know all the legal help and that she can afford without any difficult. She should have easy axcess with her lawyers. If you want to put an to your marriage then consult the lawyers who professionally deals it.
Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008

Friday, April 15, 2016

Interim Maintenance Calculator to Indian Wife.

The section 24 of the Hindu Marriage Act provides Hindu wife to get interim maintenance when the divorce or other family court proceedings are pending. The act and the Indian courts has fixed certain criteria to calculate and assess the maintenance amount to be paid by the Husband to wife under S.24 of Hindu Marriage Act.


The Hindu marriage Act says that both the income of the wife and husband should be assessed before fixing the interim maintenance. Without determining the husbands income the court cannot fix the maintenance amount to the wife. Section 24 of the Hindu Marriage Act also provides maintenance to the husband from the wife.

On considering the income tax returns to fix the husbands income the court in VD Mehta V. KV Mehta states that the income tax returns do not reflects true position of income of a party for several reason, and cannot be taken as a sole guide for income of the party in maintenance proceedings.

If wife is taking the support of father and brother then also it is not considered in assessing the quantum of maintenance to be awarded by the court

cost of litigation

The cost of litigation shall also include what is spent by the applicant for travelling a distance from place of her residence to the court and if woman travels a long journey and require assistance than husband would required to pay the expenses for both the persons.

Maintenance of the Children

If Children are under the protection of the wife, the court will be justified in taking that circumstances into account in awarding maintenance to the wife. The Supreme court case in Jasbit Kaur sehgal V. District Judge Dehradun & Ors has held that no doubt section 24 of HMA talks about maintenance to wife during the pend ency of proceedings but this section cannot be read isolation and cannot be restricted meaning to hold that it is maintenance to the wife alone.

Husband Refused  to pay maintenance

If the husband refuses to pay the maintenance amount then the execution of the order of maintenance is not only one remedy the wife can obtain, but stay on proceedings if initiated by the husband can also be obtained from the court.


Quantum of Maintenance

On fixing the Quantum of maintenance it should be determined from an estimate of monthly income allowing for uncertainties, total number of dependents including wife and then fixing share of respondent. The wife cannot claim the maintenance amount beyond reasonable amount.

Article by Chennai Leading Lawyer Mr.K.P.Satish Kumar M.L.

Talk to the Leading Divorce Lawyer in Chennai @ 9884883318

Tuesday, March 29, 2016

Guidelines for a valid adoption of a Child

Persons who may be adopted - No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
one of the conditions inter alia is that the person who may be adopted has not completed the age of 15 years unless there is a custom and usage applicable to the parties which permit persons who completed the age of 15 years being taken in adoption. 
Other conditions for a valid adoption - In every adoption, the following conditions must be complied with:
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption:
Provided that the performance of datta homam shall not be essential to the validity of adoption.
The child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with the intent to transfer the child from the family of its birth. A child who is abandoned or whose parentage is not known may also be taken in adoption provided the given and taken ceremony is done from the place of family where it has been brought up to the family of its adoption.
Article by Advocate Mr.K.P.Satish Kumar
For all your Adoption and Child Custody issues contact
Daniel & Daniel Helpline @ 9962999008