Family, Marriage & Divorce

Muslim personal law recognises divorce as a lawful way to end a marriage, but it is considered the last resort and should be considered only after making attempts for reconciliation. Divorce can be initiated by either the husband or the wife, but there are specific rules and procedures that need to be followed depending on the circumstances, such as the type of divorce being sought, the waiting period (iddah) for the wife, and the division of property and assets.

A motion made by a party for an early hearing or time-bound disposal of a case or cases for any justifiable or valid reason has to be dealt with appropriately by the Family Court, by passing an order for early hearing or time-bound disposal of that case or cases.

Marriage of a Muslim girl can be contracted when she attains puberty under the Muslim Personal Law (Shariat) Application Act, 1937. The Section 2 of the Prevention of Child Marriage Act, 2006 (PCMA) defines any girl below the age of 18 as a child. The Section 3 of the act states that a marriage involving a child is voidable and can be made void by filing a petition at her option within two years after she becomes a major. If the girl does not file a petition for a decree of nullity, her marriage will remain legally valid.

Live-in-relationship is an arrangement in which an unmarried heterosexual couple lives together in a long-time relationship that resembles a marriage. It is nothing but cohabitation. The concept of live-in-relationship is increasingly emerging as a viable alternative to marriage in cities and urban areas. No marriage law recognises live-in-relationship. Therefore live-in-relationship is not a legally valid form of marriage. It is an informal marriage. If has no legally recognised marriage ceremony. It is a relationship in the nature of marriage.

The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides a range of remedies in the civil law, to protect women from domestic violence and prevent its occurrence in future. The orders under the act are in the civil nature. But if the orders are neglected or violated by the defendant, such violation will turn into a criminal offence.

he marriages in Kerala are governed by personal laws such as Hindu, Christian, and Muslim marriage laws. but the registration of such marriages is governed by common rules: The Kerala Registration of Marriages (Common) Rules, 2008. It was the Supreme Court which in Seema v Aswani Kumar [2006 (1) KLT 791 (SC)] issued direction to all state Governments to formulate Rules for compulsory registration of marriages, irrespective of religion of the parties.

A wife, who leaves the husband voluntarily due her inability to stay in the matrimonial house, is eligible to get maintenance from her husband. This is what Kerala High Court states in Arun v Reshma, a revision petition filed under Section 19(4) of the Family Courts Act.

Kerala Registration of Marriages (Common) Rules of 2008 allow registration of marriage and issue of marriage certificates even after one of the life partners dies. The law is silent on whether it is possible to register a marriage when both the life partners are not alive. However, there have been some cases in which the marriage has been registered and certificate was issued after the demise of both the husband and the wife, in one case, and after the couple got a divorce decree from a court despite having no prior registration of marriage, in another case.

In order to reduce the inordinate delay in disposal of cases by the Family Courts in the Kerala State, the High Court of Kerala issued the following general directions, in Shiju Joy v Nisha and a batch of petitions, decided on 23rd March 2021. The High Court has powers to frame rules for the functioning of the Family Courts in regard to the procedures to be followed by them.

Refusal to register a duly solemnised Hindu marriage by the Registrar of Marriages (Common) based on the reason that the mother of the bride belongs to Muslim community is unjust and illegal. This is what the High Court of Kerala says in Lalan PR & Another v Chief Registrar of Marriages (Common) & Another.

The Supreme Court (SC), however, says if two consenting adult individuals agree to enter into a marriage, the consent of the family or the community or the clan is not necessary. The concern of the individuals has to be given primacy.