MATRIMONIAL MATTER

Matrimonial matter dispute means dispute concerning and arising out of matrimonial life. Family dispute, divorce action, maintenance matter, child custody matter, rights of access to children, protection orders are within the ambit of matrimonial dispute.

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WHAT IS MATRIMONIAL DISPUTE?

Matrimonial dispute means dispute concerning and arising out of matrimonial life. Family dispute, divorce action, maintenance matter, child custody matter, rights of access to children, protection orders are within the ambit of matrimonial dispute.

WHY MATRIMONIAL LAW REQUIRED?

Matrimonial law is important to reaffirm the principle of free marriage, equality between men and women, protection of legitimate interest of mothers and children, welfare of the women. Family law focuses on issues involving family relations that establishes rights and obligations of both husband and wife and also between their children (biological or adopted).

MATRIMONIAL LAW CLASSIFICATION

There are various family law enunciated in India like:

Hindu Marriage Act, 1955
Special Marriage Act, 1954
Guardian and Wards Act, 1890
The Family Court Act, 1984
Indian Divorce Act, 1869
Domestic Violence Act, 2005
Muslim Marriage Act
Christian: Indian Christian Marriage Act 1872 and the Divorce Act 1869
Parsi: Parsi Marriage and Divorce Act 1936

TYPES OF MATRIMONIAL OFFENCE

Invalid Marriage (Section 493 and 496 IPC)
Bigamy (Section 494 and 495 IPC)
Adultery (Section 497)
Seduction (Section 498)
Cruelty by husband or relative of husband (Section 498-A)

MATRIMONIAL DISPUTE FILING COURT FEE

Sr. No.	Category of Cases	Court Fees
1	Hindu Marriage Act U/s 13 and 13-B and Section 24 of HM Act	₹50/-
2	Special Marriage Act	₹100/-
3	Maintenance U/S 125 Cases	₹50/-
4	Guardian and Wards Act Petition	₹50/-
5	Hindu Marriage Act Petition u/s Sec 9	₹ 50
6	Certified copy of order/judgement	Rs 10/-
7	Certified copy of decree	Rs 20/-

MATRIMONIAL LAW PROCESS

In most cases of matrimonial dispute, the process followed is same except slight variation in case of contested and uncontested case. The procedure followed is:

Filing of petition supported by verification and Affidavit.
Service of summons to other party.
Filing of written statement by the other party.
List of documents and witnesses
Issue Frame
Trial- evidence of both parties and their cross examination.
Argument of both parties.
Final Order/Judgement.

In case of mutual divorce petition, both husband and wife will file a joint petition seeking dissolution of the marriage or that they have been living separately for a period of one year or more. The process followed is:

Joint petition of both parties.
Appearance before the court and inspection of the petition.
Recording of statement of both parties.
First motion where a period of 6 months is given to both parties.
Second motion- once the parties appear after the first motion.
Final hearing- if the parties decided to go with further proceedings final hearing is fixed.
Decree of Divorce- both parties must give consent and there shall not be any differences regarding alimony, custody of child, maintenance, property etc. There needs to be complete agreement between the spouses for the final decision on the dissolution of the marriage. If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any possibility of reconciliation and cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved.

Jurisdiction to file matrimonial case is as follows: