India being a cosmopolitan country tolerates personal laws of its citizen. As a result each citizen of India is entitled to have his own personal laws inter alia in the matter of marriage and divorce. Hindus are governed by Hindu Marriage Act, 1955 which provides for the conditions of a Hindu Marriage where under the bridegroom should be of 21 years and bride of 18 years. As regards the maintenance and adoption of children, Hindus are governed by The Hindu Adoption and Maintenance Act.
Muslims are governed by their personal laws under which “Nikah” (i.e. marriage) is a contract and may be permanent or temporary. To have a valid “Nikah” under the Muslim Law, presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence and hearing of two sane males or one sane male and two sane female adults, all Muslims and acceptance of the said proposals at the same time constitute a valid Nikah under the Muslim Personal Law. A husband/wife can divorce his either by pronouncing the word “Talak”. For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law and for Indian Christian there is a Indian Christian Marriage Act 1889. Persons of any religion who get married under the Special Marriage Act, 1954 are governed by the said act. Along with these there are other issues like Child Custody, partition of property, alimony, maintenance, domestic violence etc, apart from the civil and criminal action governed by the aforesaid statues as well as those of covered under other general legislations like the Code of Criminal Procedure, Indian Penal Code, Prevention of Domestic Violence Act etc.
The multiplicity in the legislations governing personal laws requires a good grasp of laws operative to each community. At FIGBIRD CONSULTANTS our panel of lawyers are well trained and experienced in handelling issues arising out matrimonial disputes in Family court, High Court, Supreme Court etc. we also provide services of resolving such disputes through following mediums:
- Court Litigation
Peaceful resolution to issues of child custody
We at FIGBIRD CONSULTANTS with our specially trained professionals know that matrimonial discords are best resolved amicably and with this objective in mind believe in employing Alternative means of dispute resolution like mediation, Arbitration etc. In this endeavour we at FIGBIRD CONSULTANTS have developed the facility of a spacious and well equipped conference room cum mediation Centre that is used by it to conduct such settlement proceedings.