Top Lawyers For Certificate of No Legal impediment

Get Certificate of No Legal impediment:

 If you wish to get certificate of no legal impediment or unmarried certificate, you may contact Jamila Law Associates. In 1964, Section 13 (1-A) has been added that provides a second type of divorce based on the “Breakdown” idea. Therefore, the two grounds mentioned in sub-section (1-A) are open to both husbands and spouses. The two clauses in which the non-resumption of cohabitation for a period of two years or more following the divorce decree or restitution of the rights of conjugal marriage has declared grounds for divorce with certificate of no legal impediment or unmarried certificate.

Modification:

 This modification is to paragraphs (viii) as well as (ix) from section 13 (1) of the Hindu Marriage Act, 1955. The Marriage Laws (Amendment) Act 1976, the time period that was two years, has been reduced to just one. This section introduced a component of Breakdown theory into the Hindu Marriage Act, 1955. The current provision came into existence following two modifications to the original clause.

Initial provision:

 The initial provision in Section 13 (1) (viii) and (ix) was that a spouse could petition for divorce if the opposing spouse (i) does not have rekindled cohabitation for two years or more following the receiving a decree of divorce with certificate of no legal impediment or unmarried certificate by a judge against the other person, 130 or (ii) or (iii) has failed or failed to comply with the court order or order to restore the rights of a couple for a period of two years or more after the promulgation of the or (iii) has failed to comply with a decree for restitution of.

Unmarried Certificate:

It was held by the courts on certificate of no legal impediment or unmarried certificate that only the holder of the decree could obtain divorce upon the basis of the decree of legal separation or, in the event of a dispute or for the restoration of the rights of a couple. The reason for this was that the decree was passed to benefit the person who is the holder of the decree. If the debtor who was convicted of the offense was granted the right to divorce on the basis of the decree, that means that he can benefit from the consequences of his own mistake. It is a violation of Section 23 (1) (a) on certificate of no legal impediment or unmarried certificate of the Hindu Marriage Act, 1955, which states that no one is allowed to gain by one”s own fault or disability. [16] .

Mehta V. Smt Saroj:

In Mehta V. Smt Saroj Mehta, [17] is a case that illustrates an application for Section 23 (1) (a) to the irretrievable breakdown cause. In this instance, the husband was granted an order for the restitution of conjugal rights. Then, he submitted a divorce petition in the cause of the wife”s sexual affair, which took place about six months after obtaining an order for the return of the rights of the conjugal. In Meera Bai V. Rajinder Kumar, The husband was able to allow an ex parte decree to be made against him to benefit his wife. After a year, he submitted an application for divorce in accordance with section 13. (1-A) (ii) with certificate of no legal impediment or unmarried certificate.