Ans.

The process for adopting a child in India involves several key steps:

1. Registration: Prospective adoptive parents (PAPs) must register with the Central Adoption Resource Authority (CARA) through its online portal.

2. Home Study: A home study is conducted by a social worker to assess the suitability of the PAPs.

3. Matching: The PAPs are matched with a child based on preferences and the child's availability.

4. Pre-Adoption Foster Care: PAPs may spend time with the child before finalizing the adoption.

5. Legal Procedures: The adoption case is filed in court, and upon approval, the final adoption order is issued.

6. Post-Adoption Follow-Up: There are mandatory follow-up visits for a stipulated period to ensure the child's well-being.

For more information, you can visit the CARA website or consult a legal expert for guidance.

Ans.

Yes, a woman in India can claim alimony (also known as maintenance) after a divorce. The right to claim alimony is governed by various laws, depending on the personal laws applicable to the parties, such as Hindu, Muslim, Christian, or Parsi laws, as well as the secular Special Marriage Act, 1954 and the Protection of Women from Domestic Violence Act, 2005.

Key Laws Governing Alimony in India:

1. Hindu Marriage Act, 1955:

   • Under Section 25 of the Hindu Marriage Act, a woman (wife) can claim permanent alimony and maintenance from her husband. The court considers several factors like the wife's financial needs, the husband's income, the conduct of both parties, and other relevant circumstances to determine the alimony amount.
   • The court can order the alimony to be paid as a lump sum or as periodic monthly payments.

2. Hindu Adoption and Maintenance Act, 1956:

   • This Act provides a separate right for a Hindu woman to claim maintenance even after divorce if she is unable to maintain herself. Maintenance can be claimed during her lifetime unless she remarries.

3. Muslim Personal Law (Sharia) Application Act, 1937:

   • Under Muslim law, a divorced woman is entitled to maintenance (known as "Mahr" or "Dower") for the period of the "iddat" (waiting period), which usually lasts three lunar months. However, the Supreme Court in the landmark Shah Bano case (1985) ruled that a Muslim woman is also entitled to claim maintenance under Section 125 of the CrPC, 1973, if she is unable to maintain herself.

4. Christian Marriage Act, 1872, and Indian Divorce Act, 1869:

   • Christian women can claim alimony under Section 37 of the Indian Divorce Act. The court decides the amount of alimony based on factors like the husband's income, property, and other financial assets, as well as the wife's financial status.

5. Parsi Marriage and Divorce Act, 1936:

   • Under this Act, a Parsi woman can seek permanent alimony from her husband. The court will consider various factors to determine the amount of alimony, such as the financial resources of both parties, the conduct of the parties, and the marriage duration.

6. Special Marriage Act, 1954:

   • This Act, which governs inter-religious marriages, allows a woman to claim alimony and maintenance under Section 36 for herself and any dependent children. The court considers factors like the income and financial status of both parties, the standard of living, and the duration of the marriage.

7. Code of Criminal Procedure (CrPC), 1973:

   • Under Section 125 of the CrPC, a woman (wife) who cannot maintain herself can claim maintenance from her husband even after divorce. This provision is a secular law, which means it is applicable to all religions, and is often used by women from various religious backgrounds to claim maintenance.

8. Protection of Women from Domestic Violence Act, 2005:

   • A woman can claim maintenance under this Act in cases where domestic violence is alleged. The Act provides for monetary relief to meet the expenses incurred and losses suffered due to domestic violence.

Factors Considered by the Court for Granting Alimony:

• Financial Status: The court evaluates the financial status and earnings of both the husband and the wife.
• Needs and Liabilities: The wife's needs, the standard of living she was accustomed to, and the husband's liabilities are considered.
• Marriage Duration: The length of the marriage is a crucial factor in determining the alimony amount.
• Conduct of the Parties: The behavior of both parties during the marriage and post-divorce may also influence the decision.
• Health and Age: The health condition and age of both spouses can affect the alimony amount.

Types of Alimony:

• Interim Maintenance: Temporary maintenance granted while the divorce proceedings are ongoing.
• Permanent Alimony: Maintenance granted after the divorce, which can be a lump sum or periodic payments.

Conclusion:

A woman in India has the legal right to claim alimony after divorce, depending on various personal and statutory laws. The amount and duration of alimony are decided by the court based on multiple factors such as financial status, duration of the marriage, conduct of the parties, and the needs of the wife.

For specific legal advice, it is advisable to consult a qualified lawyer who specializes in family law.

Ans.

Under the Hindu Marriage Act, 1955, the grounds for divorce are specified in Sections 13(1) and 13(2). These grounds allow both husband and wife to seek a divorce under certain circumstances. Here are the primary grounds for divorce:

Grounds for Divorce under Section 13(1) (Available to Both Husband and Wife):

1. Adultery: If one spouse has had voluntary sexual intercourse with someone other than their spouse, the other spouse can file for divorce.

2. Cruelty: If one spouse has treated the other with cruelty (either physical or mental), the affected spouse can seek a divorce. This includes acts of domestic violence, verbal abuse, emotional harm, etc.

3. Desertion: If one spouse deserts or abandons the other without any reasonable cause for a continuous period of at least two years immediately before filing the petition, the deserted spouse can seek a divorce.

4. Conversion: If one spouse has converted to another religion and is no longer a Hindu, the other spouse can file for divorce.

5. Mental Disorder: If one spouse is suffering from an incurable mental disorder or insanity to the extent that the other spouse cannot reasonably be expected to live with them, a divorce can be sought.

6. Leprosy: If one spouse has been suffering from a virulent and incurable form of leprosy, the other spouse can file for divorce.

7. Venereal Disease: If one spouse is suffering from a communicable venereal disease, the other spouse can seek a divorce.

8. Renunciation of the World: If one spouse has renounced the world by entering a religious order (like taking Sannyasa), the other spouse can file for divorce.

9. Presumption of Death: If one spouse has not been heard of as being alive for at least seven years by those who would naturally have heard about them, the other spouse can seek a divorce.

Grounds for Divorce under Section 13(2) (Available Exclusively to the Wife):

1. Bigamy: If the husband has remarried while his first wife is still alive and the marriage is valid, the first wife can file for divorce.

2. Rape, Sodomy, or Bestiality: If the husband is guilty of committing rape, sodomy, or bestiality, the wife can seek a divorce.

3. Repudiation of Marriage: If the wife was married before she turned 15 and has repudiated the marriage before turning 18, she can seek a divorce.

4. Maintenance Decree: If the husband has neglected or failed to provide maintenance to the wife and she has obtained a maintenance decree from the court under Section 125 of the CrPC, 1973 or under the Hindu Adoptions and Maintenance Act, 1956, and the couple has not cohabited for at least one year, the wife can file for divorce.

Additional Grounds for Divorce by Mutual Consent (Section 13B):

1. Mutual Consent: Both spouses can jointly file for divorce on the ground that they have been living separately for at least one year, have not been able to live together, and have mutually agreed that the marriage should be dissolved.

Conclusion:

The Hindu Marriage Act, 1955 provides both general grounds available to both spouses, as well as specific grounds for the wife to seek divorce. The Act aims to protect the rights and welfare of both parties in a marriage and offers a legal framework for divorce in various circumstances.

For detailed legal guidance, it is recommended to consult a qualified lawyer who specializes in family law.