HIGH COURT MARRIAGE AND PROTECTION

Advocate Vikram Singh and Associates: Expert Legal Support for Love Marriage and Protection Cases at Punjab and Haryana High Court Advocate Vikram Singh and Associates, is a leading law firm in Chandigarh, we had handled many Petition / cases for love marriages, inter-caste marriages, and the protection of newly married couples before Punjab and Haryana High court. Our firm has a proven track record in defending the rights and safety of couples, who have entered into inter-caste or inter-religion marriages and get them protection Order, specifically, when they are facing opposition or any threat from their families or society.
Expertise in Love and Inter-Caste Marriage Cases before Punjab and Haryana High court at Chandigarh Advocate Vikram Singh and Associates have successfully assisted many couples across Punjab, Haryana, and Himachal Pradesh, who have chosen to marry for love, without the consent of their families and society. We offer a one-stop solution for inter-caste love marriages, providing comprehensive legal guidance, documentation, and verification to ensure that your marriage is legally recognized and secure. Our dedicated marriage consultants and lawyers are experts in handling these sensitive cases, delivering a 100% success rate for our clients.

HOW PROTECTION MATTER WORK

Advocate Vikram Singh and Associate had filed numerous petitions under section 482 of Criminal procedure code and this is very common for Advocate Vikram singh and other lawyers at our law firm to file these kind of cases before Hon’ble Punjab and Haryana High court. We are very well averse about result of these types of cases so if any one approached for opposing this petition in High court then lawyers in Chandigarh generally tried to make them understand the consequences of order to be passed by Chandigarh High court. Advocate Vikram Singh’s main area of practice is in Chandigarh and he is very experienced in high court marriage petitions, which were filed for security of runaway Couple, who can be from any part of Punjab and Haryana.

CONDITIONS FOR HIGH COURT PROTECTION

  1. Neither party should have a living husband or wife. Any previous marriage should no longer be valid. Means if any party was earlier married then he / she need to take proper divorce from their earlier spouse.
  2. Both parties should be competent to give valid consent. Both parties needed to be major in age and sound mind. The Groom must have completed 21 years and the Bridegroom must have been crossed 18 years of age.
  3. Parties who wished to perform marriage must not be within relations with each other like anyone cannot married daughter of his Paternal Uncle (Chacha), Maternal uncle (Mama) Paternal Sister (Bua) and Maternal Sister (Mausi), these are prohibited relationships.
  4. There is no need for parents’ approval of a court marriage, so long as the following conditions are fulfilled.

NECESSARY DOCUMENTS TO PERFORM LOVE MARRIAGE / INTER-CASTE MARRIAGE –

1) Age proof of both Bride and Bride Groom, this could be 10th mark sheet, voter ID Card, PAN card, Ration Card etc.

2) UID AADHAR Card of bride and grooms, without AADHAR card, Protection petition can not be filed in Punjab and Haryana High court.

3) Photographs of marriage Ceremony.

4) An application to local police station for safety and liberty of married couple.

OUR SERVICES

Love marriages are a universal phenomenon celebrated across the globe, but in Punjab and Haryana, couples, who are perfoming love marriages without consent of their families or socital approval, faces significant challenges, when they choose to marry for love. Cultural norms and societal pressures can make it difficult for these couples to live peacefully and safely in their own homes. Advocate Vikram Singh and Associates are one of best advocte in Punjaba and Haryana High court, in protecting the rights and safety of such couples. We work tirelessly to ensure that newly married couples receive legal protection for their life and liberty by securing protection orders from the Punjab and Haryana High Court at Chandigarh. Our goal is to help couples live without fear, with the assurance that their rights are legally defended and their safety is our top priority.

CONCLUSION-

In most cases, the Hon’ble High Court directs the concerned Superintendent of Police to provide protection to runaway couples, ensuring the safety of their life and liberty. However, when couples choose not to return to their native place due to safety concerns, there are specially established protection homes in every district of Punjab and Haryana. These protection homes offer a secure environment for runaway married couples, shielding them from potential threats.
Advocate Vikram Singh and Associates have extensive experience in handling cases for the protection of runaway couples across multiple courts, including the Punjab and Haryana High Court in Chandigarh, the Himachal Pradesh High Court in Shimla, and the Delhi High Court. Our law firm’s expert legal guidance has helped numerous couples settle into their new lives with peace of mind and legal assurance.
Beyond legal support, Advocate Vikram Singh and Associates also provide counseling services to resolve any disputes that may arise between runaway couples. Our goal is to help these couples not only secure their rights but also build a harmonious relationship through effective communication and understanding.

OUTLINE OF DIVORCE ACTS AND PROCEEDINGS

In India there are various religions and various personal laws control the issue of marriage and divorce therefore we can say Divorce laws in India vary depending on the religion of the couple, with different provisions under Hindu law, Muslims laws and Christian law. The legal process for obtaining a divorce can be either with mutual consent or without mutual consent, each with specific conditions and procedures.

TYPES OF DIVORCE PETITIONS IN INDIA

DIVORCE WITH MUTUAL CONSENT: Where both spouses agree to separate amicably with consent of each other. It is filed under section 13-B of Hindu Marriage Act. The following conditions must be met:
I. The couple must have been living separately for at least one year (Hindu law) or two years
(Christian law).
II. They must prove they have not lived as husband and wife during this period.
III. Both parties need to mutually agree on matters like child custody, alimony, and division of
property.
IV. The time frame for a mutual consent divorce typically ranges from six to 18 months, depending
on the court’s decision.
DIVORCE WITHOUT MUTUAL CONSENT Where one spouse files for divorce without the other’s agreement, often based on specific legal grounds, this is also known as contested divorce and this usually takes more time and resources then divorce with mutual consent. It is filed under section 13 of Hindu Marriage Act. While contesting for divorce following matters needed to be taken care of-
• Alimony or Maintenance: There is no fixed amount specified; it depends on mutual agreement.
• Child Custody: Custody can be joint, shared, or exclusive, based on what the spouses agree
upon.
• Property Rights: Both movable and immovable properties must be divided as per mutual
understanding.

LEGAL GROUNDS FOR DIVORCE (HINDU AND CHRISTIAN LAWS)

Adultery Adultery refers to a married person engaging in a consensual sexual relationship with someone other than their spouse. In the case of Joseph Shine v. Union of India (2018), the Supreme Court of India decriminalized adultery but held that it remains a valid ground for divorce. The Court emphasized that “adultery is a ground for divorce, as it undermines the sanctity of marriage and amounts to a violation of trust between spouses.” If one spouse has committed adultery, the innocent party can file for divorce by proving the act of infidelity. While direct evidence is often difficult to obtain, circumstantial evidence and proof of opportunity to commit adultery are usually sufficient in the eyes of the court.
Cruelty
Cruelty as a ground for divorce includes both physical and mental suffering inflicted by one spouse on the other. Legal PerspectiveThe Supreme Court in Samar Ghosh v. Jaya Ghosh (2007) outlined that cruelty includes any conduct that causes mental agony, harassment, or injury to the spouse, thereby making it impossible to continue with the marriage. It was observed that “mental cruelty may consist of indifference, neglect, and abusive behavior that causes a spouse to suffer emotionally. Application in Divorce A pattern of abusive behavior, domestic violence, insults, humiliation, or other forms of psychological harassment can be considered as cruelty. The courts assess cruelty based on the overall circumstances, impact on the victim, and the reasonable perception of suffering by the spouse.
Desertion
Desertion is the act of one spouse abandoning the other without any reasonable cause, consent, or intention to return. To seek a divorce on the grounds of desertion, the petitioner must establish that the desertion has continued for a statutory period of at least two years and that there was no justifiable reason for the spouse’s departure from the marital home.
Bigamy
Bigamy occurs when a married individual enters into a second marriage while the first marriage is still legally binding. Legal Perspective Under Section 17 of the Hindu Marriage Act, 1955, bigamy is explicitly prohibited, and the second marriage is declared null and void. The courts have stated that “the solemnization of a second marriage during the subsistence of the first marriage is both a criminal offense and a valid ground for divorce.” Application in Divorce If it is proven that one spouse has remarried while still being legally married to the first spouse, the aggrieved party can file for divorce on the grounds of bigamy. The onus is on the petitioner to prove that the second marriage was conducted during the existence of the first marital bond.

Conversion of Religion
Conversion of religion refers to one spouse adopting a new religion that is different from the one professed at the time of marriage. Legal Perspective In Sarla Mudgal v. Union of India (1995), the Supreme Court held that conversion to another religion without the spouse’s consent amounts to a valid ground for divorce under the Hindu Marriage Act. The court stated, “conversion to another faith fundamentally alters the basis of the marriage and creates grounds for seeking a decree of divorce.” Application in Divorce If one spouse converts to a different religion, the other spouse has the right to file for divorce, as the conversion could lead to a conflict in personal laws governing the marriage. The petitioner must demonstrate that the conversion has substantially affected the marital relationship.

Understanding the various divorce laws under Hindu and Christian statutes is essential for individuals seeking a fair resolution. Consulting experienced legal professionals, like those at Advocate Vikram Singh and Associates, ensures the best guidance in navigating complexities of divorce proceedings.