FAMILY LAW

By
Chandrika Tewatia

SECTION 15
WHEN CAN A DIVORCED PERSON MARRY AGAIN

When a marriage has been dissolved by a

decree of divorce
there is no right of appeal against the decree
the time for appealing has expired
appeal has been presented but has been
dismissed

SECTION 16
CHILDREN OF VOID AND VOIDABLE MARRIAGES

any child of void marriage would have been

legitimate if the marriage had been valid,
shall be legitimate
any child conceived before the decree of
void marriage is made, shall be legititmate
All these kind of children would only have
rights in or to the property of the parents

SECTION 17
PUNISHMENT OF BIGAMY
Sections 494 and 495 of the Indian Penal
Code
extend to seven years, and shall also be
liable to fine.
Concealment of 1st marriage: 10 years plus
fine

SECTION 18
Contravention of the conditions specified in
Section 5
Clause iii
Simple imprisonment which may extend to
fifteen days, or with fine of Rs.1000
Clause iv
Simple imprisonment which may extend to a
month, or with fine of Rs.1000

SECTION 19
Every petition under this Act shall be
presented to the District Court where :
the marriage was solemnized, or
the respondent, at the time of the
presentation of the petition, resides,
the parties to the marriage last resided
together, or
the petitioner is residing at the time of the
presentation of the petition

SECTION 24
MAINTAINENCE PENDENTE-LITE

either the wife or the husband

no independent income sufficient for her his
support
OR the necessary expenses of the proceeding
Pendente lite means during the proceedings
To be paid out of income only

Then, maintenance must be provided as the

court may think fit.

SECTION 25
PERMANENT ALIMONY
pay to the applicant for her or his
maintenance and support
such gross sum or such monthly
periodical sum for a term not exceeding the
life of the applicant
May include immovable property as well
Can even be given for children

This may vary if

Couple starts living together again (cohabitation)
The women has remarried or has not
remained chaste.

SECTION 26
CUSTODY OF CHILDREN
custody, maintenance and education of
minor children, consistently with their
wishes, wherever possible
revoke, suspend or vary any such orders and
provisions previously made
May be made during three stages:
During

proceedings
At the time of decree
Subsequent Decree
Terminates on attaining majority