As per India legal news reports, the Madras High Court has held that the courts in the country have jurisdiction to address matrimonial cases, which involve Hindus and are governed by the Hindu Marriage Act, including those cases where the opposite party is a foreign citizen, residing outside India.
India has always boasted of having a patriarchal society. Most festivals of India celebrate the importance of the male as the head of the family through elaborate customs and festivals. For example, Bengal’s Jamaishoshti festival celebrates the son-in-law. The North Indian festival called the Karva Chauth requires the wife to hold fast for the long life of her husband on that day. Male centric customs and festivals have always been a part of Indian life, mirroring the special social status given to men. Unfortunately, these male-focused customs also paved the way for the practice of demanding dowry on behalf of the male. Indian law treats it as an offence to give or receive dowry but it is practiced openly in the society.
Getting a divorce in India is certainly not an easy procedure, whether you follow Hindu marriage law or special marriage law. The whole procedure includes many emotional highs and lows and long waits for the final outcome. Before going ahead with the divorce procedure, prepare yourself for the long process ahead.
Did you know that when customs clash with laws, it is customs that take precedence in many cases, especially in an Indian marriage? Yes, it’s true that under Hindu, customs play a vital role, particularly in marriage and matters pertaining to divorce under the Hindu Marriage Act 1955. Various sections of the Act have references to customs that help in saving marriages.
Needless to say, inter-faith marriages are largely looked down across the nation, by Hindus and Muslims alike. The main issue with a Hindu-Muslim marriage is not about people’s personal distaste towards it, but the legal ramifications pertaining to it. Both the Hindu and Islamic Marriage Acts have labeled marriage to someone from the opposite religion as void.