Marriage related laws and terminology

#1 Annulment

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void.[1] Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales).[2] In legal terminology, an annulment makes a void marriage or a voidable marriage null.[3] 

0: https://en.wikipedia.org/wiki/Annulment

1: Statsky, William (1996). Statsky's Family Law: The Essentials. Delmar Cengage Learning. pp. 85–86.

2: https://www.scotlawcom.gov.uk/files/5912/8015/2668/Report%20on%20family%20law%20Report%20135.pdf

3: John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, ISBN 978-0815629085, pp. 33–34

#2 Alimony

Alimony (also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada), spousal support (U.S., Canada) and spouse maintenance (Australia)[1]) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. 

0: https://en.wikipedia.org/wiki/Alimony

1: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/property-and-finance/maintenance/

#3 Men's rights movement

The men's rights movement (MRM)[1] is a branch of the men's movement. The MRM in particular consists of a variety of groups and individuals who focus on general social issues and specific government services which adversely impact, or in some cases structurally discriminate against, men and boys. Common topics debated within the men's rights movement include the alleged favor given to women in family law including but not limited to matters such as child custody, alimony and marital property distribution. The movement also concerns itself with parenting, reproduction, suicides, domestic violence against men, circumcision, education, conscription, social safety nets, and health policies. The men's rights movement branched off from the men's liberation movement in the early 1970s, with both groups comprising a part of the larger men's movement.

Since its inception, the men's rights movement has received substantial criticism, and some scholars described the movement or parts of it as a backlash against feminism.[2] Claims and activities associated with the men's rights movement have been criticized and labeled hateful and violent.[3][4] In 2018, while noting "some corners of the men's rights movement focused on legitimate grievances," the Southern Poverty Law Center categorized some men's rights groups as being part of a hate ideology under the umbrella of 'male supremacy' (see: androcentrism and patriarchy).[5][6] The movement and sectors of the movement have been described as misogynistic.[7][8] 

0: https://en.wikipedia.org/wiki/Men%27s_rights_movement

1: https://journals.sagepub.com/doi/10.1177/2056305119841387

2: https://web.archive.org/web/20131020163216/https://newcastle.edu.au/Resources/Schools/Humanities%20and%20Social%20Science/JIGS/JIGSV4N2_039.pdf

3: https://www.splcenter.org/hatewatch/2012/05/15/intelligence-report-article-provokes-fury-among-mens-rights-activists

4: https://www.theweek.co.uk/people/62607/mens-rights-movement-why-it-is-so-controversial

5: https://www.splcenter.org/fighting-hate/extremist-files/ideology/male-supremacy

6: https://newrepublic.com/article/147744/rise-male-supremacist-groups

7: https://www.tandfonline.com/doi/abs/10.2753/AAE1061-1959490101

8: https://muse.jhu.edu/book/10536 

#4 Prenuptial agreement 

A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern:
4.1.1. the division of property, 
4.1.2. retirement benefits, 
4.1.3. savings, and 
4.1.4. the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights.[1][2] 

A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse.[3]

In some countries, including the United States, Belgium and the Netherlands, the prenuptial agreement not only provides for what happens in the event of a divorce, but also to protect some property during the marriage, for instance in case of a bankruptcy. Many countries, including Canada, France, Italy, and Germany, have matrimonial regimes, in addition to, or some cases, in lieu of prenuptial agreements.

Postnuptial agreements are similar to prenuptial agreements, except that they are entered into after a couple is married.[4] When divorce is imminent, postnuptial agreements are referred to as separation agreements.[5] 

0: https://en.wikipedia.org/wiki/Prenuptial_agreement

1: Knight, Lee G.; Knight, Ray A. (September 2013). "The Benefits and Limitations of Prenuptial Agreements: A Planning Opportunity for CPAs". The CPA Journal. 83 (9): 62–66.

2: Walzer, Peter M.; Riemer, Jennifer M. (Spring 2016). "Premarital Agreements for Seniors". Family Law Quarterly. American Bar Association. 50 (1): 95–116.

3: Marcuccio, Elizabeth A. (2014). "The Evolution of the Surviving Spouse under the Estates Powers and Trusts Law". North East Journal of Legal Studies. 31: 50.

4: Robert DiGiacomo (2 April 2008). "Quit fighting -- get a postnuptial agreement". CNN LifeWire. Cable News Network. Retrieved 18 June 2012.

5: Alexander Lindey and Louis I. Parley, Lindey and Parely on Separation Agreements and Antenuptial Contracts 1.21[1] (1998). See, e.g., Combs v. Sherry-Combs, 865 P.2d 50, 54 (Wyo. 1993). ("A postnuptial must be distinguished from a separation agreement. A separation agreement, entered into by parties in anticipation of immediate separation or immediate separation or after separation, is favored in the law.") 

Prenup in India

In India, prenuptial agreements are very rare and do not have any governing laws. However, with rising divorce rates people are showing increasing interest in them. Some lawyers are of the opinion that prenups don't have legal sanctity in India. However, some form of contract is signed in some cases, usually among affluent citizens. But, the agreements need to be reasonable and not violate pre-existing laws like the Hindu Marriage Act. Indian courts allow a memorandum of settlement to be signed during divorces. But, no court has yet been asked to enforce a prenup.[6]

These agreements may come under the Indian Contract Act 1872. The Section 10 of the Indian Contract Act states that agreements are to be considered contracts if they are made by the free consent of the parties.[7] However, the Section 23 of the same act states that a contract may be void if they are immoral or against public policy.[8]

Goa is the only Indian state where a prenuptial is legally enforceable, as it follows the Portuguese Civil Code, 1867. A prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If a prenuptial has not been signed, then the marital property is simply divided equally between the husband and wife.[9]

6: https://www.business-standard.com/article/beyond-business/legally-bound-112072100025_1.html

7: "Indian Contract Act". Article 10, Act No. 9 of 1872.

8: "Indian Contract Act". Article 23, Act No. 9 of 1872.

9: https://www.dnaindia.com/mumbai/report-why-marriages-are-made-in-goa-1154015 

#5 Postnuptial agreement

A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It may be "notarized" or acknowledged and may be the subject of the statute of frauds. Like the contents of a prenuptial agreement, provisions vary widely but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage. 

In the United States, much like prenuptial agreements, although laws vary by state there are five basic elements that must generally be met for a postnuptial agreement to be enforceable:[8]

5.1. it must be in writing (oral promises of this kind are always unenforceable);
5.2. it must be executed voluntarily;
5.3. it must be done with full and/or fair disclosure at the time of execution;
5.4. it must not be unconscionable; and
5.5. it must be executed (signed) by both parties.

0: https://en.wikipedia.org/wiki/Postnuptial_agreement

8: https://heinonline.org/HOL/LandingPage?handle=hein.journals/wlr2007&div=33&id=&page=

#6

The Indian Contract Act, 1872

The Indian Contract Act, 1872 prescribes the law relating to contracts in India and is the key act regulating Indian contract law. The Act is based on the principles of English Common Law. It is applicable to all the states of India. It determines the circumstances in which promises made by the parties to a contract shall be legally binding. Under Section 2(h), the Indian Contract Act defines a contract as an agreement which is enforceable by law. 

0: https://en.wikipedia.org/wiki/Indian_Contract_Act,_1872

#7

Hindu Marriage Act

The Hindu marriage Act is an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956). 

The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others.[1] Besides amending and codifying Sastrik Law, it introduced separation and divorce, which did not exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religion-specific civil codes that separately govern adherents of certain other religions. 

Applicability

Section 2 [2] of the Hindu Marriage Act, 1955 says:

This Act applies:

7.1. to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;

7.2. to any person who is a Buddhist, Jain or Sikh by religion; and

7.3. to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i.e. Buddhist, Jains or Sikh and, in fact, applies to all such persons domiciled in the country who are not Muslims, Christians, Parsi or Jew, unless it is proved that such persons are not governed by the Act under any custom or usage. The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India.[3]

The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet groups other religions into the act (Jains, Buddhists, or Sikhs) as specified in Article 44 of the Indian Constitution. However, with the passage of Anand Marriage (Amendment) Bill in 2012, Sikhs now also have their own personal law related to marriage.[4]

A marriage is directly registered by the Registrar of Marriage under section 8 of Hindu Marriage Act-1955 on the same working day. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt. of India and marriage certificate is issued.[6]

Hindu view of marriage

According to Hinduism, marriage is a sacred relationship.[7] In some Hindu systems of marriage, there is no role for the state as marriage remained a private affair within the social realm.[8] Within this traditional framework reference, marriage is undoubtedly the most important transitional point in a Hindu’s life and the most important of all the Hindu ‘’sanskaras’’ (life-cycle rituals). The Congress Government diluted the Hindu Marriage in 1955 by enactment of HMA and then in 1983 by introduction of 498A. Special Marriage Act in 2000. Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption. The greatest opposition was to the provision of divorce, something which is anathema to the Hindu religion. Also resisted was the principle of equal inheritance by sons and daughters regardless of whether the daughter was married or unwed.[9] This was contrary to the Hindu view of family, where married daughters were regarded as belonging to the family of their husband, not to the family of their father.

Some have argued that Hindu marriage cannot be subjected to legislative intervention. Derrett predicted in his later writings that despite some evidence of modernisation, the dominant view in Hindu society for the foreseeable future would remain that marriage is a form of social obligation.

0: https://en.wikipedia.org/wiki/Hindu_Marriage_Act,_1955

1: https://indianexpress.com/article/explained/girl-child-protection-gender-equality-women-empowerment-supreme-court-child-marriage-4901798/

2: bokakhat.gov.in/pdf/The_hindu_marriage_act.pdf

3: https://indiankanoon.org/doc/140502088/

4: https://legislative.gov.in/sites/default/files/A1909-07.pdf

6: https://courtmarriageindia.org/

7: https://indiankanoon.org/doc/100425410/ 

#8 The Prohibition of Child Marriage Act, 2006

The Prohibition of Child Marriage Act 2006 came into force on 1 November 2007 in India. In October 2017, Supreme Court of India gave a landmark judgement criminalising sex with a child bride, hence removing an exception in India’s criminal jurisprudence which had until then accorded legal protection to men who raped their minor wives.[1]

0: https://en.wikipedia.org/wiki/The_Prohibition_of_Child_Marriage_Act,_2006

1: https://indianexpress.com/article/explained/girl-child-protection-gender-equality-women-empowerment-supreme-court-child-marriage-4901798/

#9 Dowry system in India

The dowry system in India[1] refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the groom’s family along with the bride and includes:

9.1. cash, 
9.2. jewellery, 
9.3. electrical appliances, 
9.4. furniture, 
9.5. bedding, 
9.6. crockery, 
9.7. utensils, 
9.8. vehicles and 
9.9. other household items that help the newlyweds set up their home.

Dowry is referred to as Dahez in Arabic.[4] In the far eastern parts of India, dowry is called Aaunnpot.

The dowry system can put great financial burden on the bride's family.[5] In some cases, the dowry system leads to crime against women, ranging from emotional abuse and injury to even deaths.[6] The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 and subsequently by Sections 304B and 498A of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - 

(a) by one party in marriage to the other party in marriage; or 

(b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons;at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies."

A court judgement[9] clarifies the legal definition of dowry as

"Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be.

Article 3 of the Dowry Prohibition Act, 1961 specifies that the penalty for giving or taking dowry does not apply to presents that are given at the time of a marriage to the bride or groom is when no demand for them has been made.[10]

Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective. The practice of dowry deaths and murders continues to take place unchecked in many parts of India, which has further added to the concerns of enforcement.

Section 498A of the Indian Penal Code required the groom and his family to be automatically arrested if a wife complains of dowry harassment. The law was widely abused, and in 2014, the Supreme Court ruled that arrests cannot be made without a magistrate's approval.[13]

0: https://en.wikipedia.org/wiki/Dowry_system_in_India

1: https://web.archive.org/web/20120111134223/http://www.moneycontrol.com/news/business/godrej-%E2%80%98nupur-jagruti%E2%80%99dahej-ke-khilaf-ek-awaz_270666.html

9: https://web.archive.org/web/20150515101107/http://www.vakilno1.com/bareacts/dowryprohibitionact/dowryprohibitionact.html

10: https://web.archive.org/web/20210127021141/https://wcd.nic.in/act/dowry-prohibition-act-1961

13: https://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-nod-SC/articleshow/37661519.cms

#10 The Muslim Women (Protection of Rights on Divorce) Act 1986

The Muslim Women (Protection of Rights on Divorce) Act was a controversially named landmark legislation passed by the parliament of India in 1986 to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto. The Act was passed by the Rajiv Gandhi government to nullify the decision in the Shah Bano case. This case caused the Rajiv Gandhi government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the secular judgement of the Supreme Court.

It is administered by any magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973. As per the Act, a divorced Muslim woman is entitled to reasonable and fair provision and maintenance from her former husband, and this should be paid within the period of iddah.

According to the Statement of Objects and Reasons of this Act, when a Muslim divorced woman is unable to support herself after the iddah period that she must observe after the death of her spouse or after a divorce, during which she may not marry another man, the magistrate is empowered to make an order for the payment of maintenance by her relatives who would be entitled to inherit her property on her death according to Muslim Law. But when a divorced woman has no such relatives, and does not have enough means to pay the maintenance, the magistrate would order the State Waqf Board to pay the maintenance. The 'liability' of husband to pay the maintenance was thus restricted to the period of the iddah only.

The iddat is a waiting period, a period of abstinence, or a specified period during which, after the dissolution of her marriage through divorce or death, or after any other form of separation from her husband under certain conditions, the woman remains unmarried.

0: https://en.wikipedia.org/wiki/The_Muslim_Women_(Protection_of_Rights_on_Divorce)_Act_1986

#11

Christian personal law

Christian Personal Law or family law regulates Adoption, Divorce, Guardianship, Marriage and Succession in India. The provisions of canon law concerning marriage are recognised as the personal law of Catholics in India (except in the state of Goa). Marriages of Indian Christians (except in the state of Goa) are regulated by the Indian Christian Marriage Act, 1872. Christian Personal Law is not applicable in the state of Goa. The Goa civil code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule, in that, a single secular code/law governs all Goans, irrespective of religion, ethnicity or linguistic affiliation.

Gullipilli Sowria Raj v. Bandaru Pavani is an Indian Supreme Court ruling in a lawsuit involving the legality of the marriage to a Hindu woman of a Christian man who had represented himself as Hindu. The court ruled that the marriage was not valid.[1]

0: https://en.wikipedia.org/wiki/Christian_personal_law

1: https://en.wikipedia.org/wiki/Gullipilli_Sowria_Raj_v._Bandaru_Pavani

#12 Legal separation

Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.

Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage.

0: https://en.wikipedia.org/wiki/Legal_separation

#13 Apostasy in Islam

An apostasy in Islam or an apostate from Islam is commonly defined as the abandonment of Islam by a Muslim, in word or through deed. It includes not only explicit renunciations of the Islamic faith by converting to another religion (or abandoning religion altogether), but also blasphemy or heresy, through any action or utterance implying unbelief, including those denying a "fundamental tenet or creed" of Islam.

0: https://en.wikipedia.org/wiki/Apostasy_in_Islam

# GitHub Link to Download PDF Archive of Refered Material

Other Keywords

# Scotland

Scotland (Scots: Scotland, Scottish Gaelic: Alba) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain,[21][22][23] mainland Scotland has a 96-mile (154 km) border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and the Irish Sea to the south. 

0: https://en.wikipedia.org/wiki/Scotland

21: www.ons.gov.uk/ons/guide-method/geography/beginner-s-guide/administrative/the-countries-of-the-uk/index.html

22: https://web.archive.org/web/20100416083521/http://www.number10.gov.uk/Page823

23: https://www.iso.org/files/live/sites/isoorg/files/archive/pdf/en/newsletter_i-9.pdf

#

Millennials, also known as Generation Y (or simply Gen Y), are the demographic cohort following Generation X and preceding Generation Z. Researchers and popular media use the early 1980s as starting birth years and the mid-1990s to early 2000s as ending birth years, with 1981 to 1996 being a widely accepted defining range for the generation. Most millennials are the children of baby boomers and early Gen Xers; millennials are often the parents of Generation Alpha.

0: https://en.wikipedia.org/wiki/Millennials
Dated: 2021-03-29

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