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Matrimonial Remedies in India

This guide provides an overview of matrimonial remedies available under Indian law, focusing on the Family Courts Act, 1984 and related legislation.

Introduction​

Matrimonial remedies refer to legal options available to couples experiencing marital difficulties or seeking dissolution of marriage. India, these remedies are primarily governed by the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Family Courts Act, 1984.

  1. Hindu Marriage Act, 1955

    • Section 13(1)(i-a): Divorce due to mental cruelty (Sarla Mudgal v. Union of India)
    • Section 13(1)(ii): Desertion for two years or more without reasonable cause
    • Section 13(2): Irretrievable breakdown of marriage

  2. Special Marriage Act, 1954

    • Section 10: Void marriages (Shamim Ara v. State of Uttar Pradesh)

  3. Family Courts Act, 1984

    • Section 7: Jurisdiction of family courts

Types of Matrimonial Remedies​

Nullity of Marriage​

Nullity of marriage refers to the declaration that a marriage was invalid from its inception.

  • Void Marriages: Marriages prohibited by law, such as those between close relatives (Section 10, Special Marriage Act). Example: Shamim Ara v. State of Uttar Pradesh (1966) [1]

  • Voidable Marriages: Marriages that may be annulled but were valid when contracted. Example: A marriage solemnized without the consent of either party (Section 11, Hindu Marriage Act).

Annulment of Marriage​

Annulment declares a marriage null and void from its beginning.

  • Grounds for annulment include:
  • Lack of capacity to give valid consent (Section 5, Hindu Marriage Act)
  • Nonage (minority) of one of the parties at the time of marriage (Section 5, Hindu Marriage Act)
  • Impotency (Section 12, Hindu Marriage Act)

Example: Kishore Singh v. Smt. Raj Kumari (1970) [2]

Divorce​

Divorce terminates the marriage contract.

  • Grounds for divorce include:
  • Adultery (Section 13(1)(ia), Hindu Marriage Act)
  • Cruelty (Section 13(1)(ia), Hindu Marriage Act)
  • Desertion for two years or more (Section 13(1)(ib), Hindu Marriage Act)
  • Mental cruelty (Section 13(1)(i-a), Hindu Marriage Act)

Example: Sarla Mudgal v. Union of India (1995) [3]

Judicial Separation​

Judicial separation is a legal order separating husband and wife while maintaining the marriage bond.

  • Available under Section 10 of the Hindu Marriage Act
  • May be granted on grounds similar to divorce

Example: Vishwanath Aggarwal v. Savita Aggarwal (2008) [4]

Maintenance​

Maintenance refers to financial support provided by one spouse to another after separation or divorce.

  • Available under Section 125 of the Criminal Procedure Code, 1973
  • Applies to both men and women, regardless of fault in the divorce

Example: Danabai v. Bhagwandas (1979) [5]

Conclusion​

Matrimonial remedies play a crucial role in resolving marital disputes and providing legal recourse to individuals facing challenging situations. Understanding these remedies is essential for law students and practicing lawyers alike.

[1] Shamim Ara v. State of Uttar Pradesh, AIR 1966 SC 843 [2] Kishore Singh v. Smt. Raj Kumari, AIR 1970 SC 1385 [3] Sarla Mudgal v. Union of India, AIR 1995 SC 401 [4] Vishwanath Aggarwal v. Savita Aggarwal, (2008) 14 SCC 748 [5] Danabai v. Bhagwandas, AIR 1979 SC 557