4 Important things to file Divorce in Chennai – Helpline 9962999008

Before filing divorce in Chennai one should fulfill the 4 important things for purpose of jurisdiction. 1. Residence of wife : A Hindu wife can file a petition for Divorce where she resides. This never permits for the Christian and Muslim Wives. Even though it is a religious arbitrariness permitted by law, the Hindu wife enjoys this right which was denied to other religions. 2. Residence of the Opposite party : A wife can file a divorce petition where the husband resides, vice versa the husband can file a divorce petition where the wife resides. Residence of opposite party creates the jurisdiction to file a Divorce petition in Chennai. 3. Place of Marriage : If the Temple, Church, Mosque, Hotel, Marriage Hall or the register office in which the marriage was performed under special marriage Act and any other place where the marriage was performed within the limits of the Family court jurisdiction at Chennai, then a person both the wife and the husband can file divorce petition in Chennai. 4. Lastly resided Together : If the spouse whom they lastly resided at the Court limits of Chennai, then they can file divorce at Chennai. But if the place is not lastly resided then they loose the right to file divorce petition in Chennai. When a person satisfied the above conditions then they have complete right to file a divorce case in Chennai. The Author K.P.Satish Kumar is the leading Divorce lawyer in Chennai. By Team Daniel & Daniel Helpline: 9962999008.

Can a women marry a person whom was divorced by herself ? Helpline :- 9962999008

In a rare incident in Gurugram near Delhi a MNC employee who was forcibly divorced her husband by her parents. The college girl who married against the will of her parents was put to an end to her marriage under threat of her parents. Recently by a complaint given by the girl the Delhi Commission for women rescue the 30 year old girl and now she was married to her ex-husband. The question of legality is whether the second marriage with her same husband whom she divorce previously is valid under law. In case of Muslims and want to marry as per Muslim law then after getting divorce decree you have to marry with a third person , and after consumption of marriage again, he should divorce, then you can again get marry with the same person. Unless he divorces the second wife, he cannot marry his divorced wife legally. Such things prevails in Muslim Community. And in the same time a person cannot go two formats of marriage with the same person simultaneously. If a women marries a person under Hindu law and subsequently marries under special marriage Act, only the Hindu marriage is a valid one and they cannot claim rights under special marriage Act. The second marriage with the same person is not valid under law. In law under Christian marriage Act one person can be from any other religion and should compulsory a Christian. The other religious person can marry a Christian boy or Girl without changing his religion. When such marriage took place and subsequently he or she under goes other marriage under their own religion, then the second marriage is void under law. When one format of marriage is subsisting a person cannot go under another form of marriage under another format. But in a interesting question can a women marry the same person after divorcing him. The Muslim law never permits. Remarriage to an ex-spouse was forbidden during some eras of history. Biblical Jewish law, in Deuteronomy 24:1-4, allowed a man to divorce his wife if she displeased him, but stipulated that if his wife then married another man, and the second marriage ended in divorce, she could not remarry her first husband. During the Middle Ages, a primary teacher of the Catholic church's canon law, St. Thomas Aquinas, ruled in "Summa Theologica" that divorce was permissible only if a wife committed adultery or followed another faith instead of Christianity. An ex-wife divorced for adultery was not allowed to remarry. If an ex-wife repented of her adultery, her ex-husband was allowed to remarry her. But the Christian Marriage Act has not made any hurdles in re-marring the same person after divorcing him. In Hindu Laws the section 5 of Hindu Marriage Act has not imposed any conditions regarding the validity of a divorced person marring again. The Author K.P.Satish Kumar is the leading Divorce lawyer in Chennai. By Team Daniel & Daniel Helpline: 9962999008.

HOW TO OBTAIN LEGAL HEIR CERTIFICATE

For obtaining Legal Heir Certificate, a death certificate showing proof of death is necessary. This death certificate is issued by the Corporation/ Municipality / RO of Mandal where the death occurred/ Major Panchayat. 

Wife or Husband or Son or Daughter or Mother are eligible to apply for Legal Heirship Certificate. 

Required Information to obtain Legal Heir Certificate is a Deceased name, Names, and Relationship of Family member, Signature of Applicant, Date of Application, Residential Address, Death Certificate, Rights of Record. 

Required Documents to obtain Death certificate Legal Heir Certificate is Identity Card, Ration Card and Prescribed application form. 

Some of the important things considered for obtaining Legal Heir certificate are: 

District Tahsildar office issues Legal heir certificate for those individuals whose husband or parent is dead without leaving a Will. 

This certificate is used for establishing a relationship for claims related to Insurance, pension, retirement benefits or other service benefits of central and state government departments as well as Government undertakings etc. 

To get employments for example compassionate appointments. 

With the death certificate approach the Tahsildar office and produce the form. All required documents need to be submitted while filing the application. It may take around a month to process all the necessary information and to obtain the certificate

The author K.P.Satish Kumar is the leading civil lawyer in Chennai.
Daniel & Daniel Helpline 9962999008

Quick Divorce Procedure in India. Divorce within 10 days. Divorce Advocate in India - 9884336772

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court. Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off” period can be waived off as it is not mandatory. The Apex court clarified that if all the efforts to reunite parties and mediation and conciliation also fails between them then the wait for a six-month period can be done away with. This ruling was passed by the court after a petition was filed by a couple seeking direction to waive off the cooling off period as they have been living separately for 8 years and they had already settled all issues pertaining to child custody and alimony.The couple made a plea before the Supreme Court that delay in divorce would affect their chances to resettle in life. In the present matter, the court took a stand that delay in proceedings only prolongs subsequent resettlement. Waiving off period can be considered if the parties have been living separately already for a year. The court said, “The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of the status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off period was to safeguard against a hurried decision if there was otherwise the possibility of differences being reconciled.” The bench comprising of Justice AK Goel and UU Lalit said that the object of the cooling off period is to safeguard against a hurried decision taken by a couple to get separated and to allow them to explore ways to settle their disputes however this could not be made mandatory. As per Section 13B(2) of the Hindu Marriage if both the parties do not change their pleas for divorce in a time period not less than six months and not later than 18 months, then the court pass the decree to declaring the marriage to be dissolved. The court observed that the period of six months to 18 months provided in section 13B is an interregnum to give time and opportunity for the couple to reflect on their move. This period can be waived off if conciliation fails and parties have genuinely settled their differences pertaining to alimony, custody of the child or any other issues pending between them. The bench observed, “The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.” The Supreme Court bench after examining all the issues came to the conclusion that Section 13B(2) is mandatory and not a directory. The court held that the cooling off period could be waived off if the court is satisfied that the parties are living separately for more than a year with no chance of reconciliation and a further waiting period would only prolong their agony. The bench held that the parties can file a waiver application just one week after the divorce petition is filed and the court will take a call on the waiving off period. The Author K.P.Satish Kumar M.L. is the top Divorce lawyer in Chennai For Free Legal queries call Daniel & Daniel At 9884883318