- +91 96500 82100
- +91 11 3587 1534
- help@corpusjurisindia.com
- I-10, Basement, Jangpura-B, New Delhi-110014
we will do it together
Family Law
stay connected
Family Law
Indian Family Law is a broad area of law that governs family-related matters, including marriage, divorce, child custody, maintenance, adoption, inheritance, and succession. Indian Family Law is deeply influenced by the country’s diversity, as different personal laws apply to individuals based on their religion, in addition to secular laws governing specific issues.
helping you in family court
Key Components of Family Law
Marriage
Marriage is a foundational aspect of family law and is regulated differently based on religious and secular laws.
Religious Marriage Laws
- Hindu Marriage Act, 1955: Applicable to Hindus, Jains, Sikhs, and Buddhists.
- Muslim Personal Law: Treats marriage as a contract, governed by Sharia.
- Indian Christian Marriage Act, 1872: Governs Christian marriages.
- Parsi Marriage and Divorce Act, 1936: Applicable to the Parsi community.
Secular Marriage Law
- Special Marriage Act, 1954: Facilitates interfaith and civil marriages.
Divorce
Divorce laws provide a legal mechanism to dissolve marriages.
Religious Divorce Laws
- Hindu Divorce: Hindu Marriage Act, 1955 provides grounds such as cruelty, adultery, desertion, etc.
- Muslim Divorce: Talaq (husband-initiated), Khula (wife-initiated), Mubarat (mutual consent).
- Christian Divorce: Indian Divorce Act, 1869 allows for dissolution on specific grounds.
- Parsi Divorce: Parsi Marriage and Divorce Act, 1936 prescribes detailed procedures.
Maintenance and Alimony
Family law ensures financial support for dependents post-separation or divorce.
- Section 125 of the Code of Criminal Procedure (CrPC), 1973: Provides maintenance irrespective of religion.
- Personal laws and statutes (e.g., Hindu Adoption and Maintenance Act, 1956) govern specific provisions.
- Factors include the payer’s income, the claimant’s needs, and standard of living.
Child Custody and Guardianship
Child custody laws prioritize the child’s welfare during parental disputes.
- Hindu Minority and Guardianship Act, 1956: Governs Hindu child custody.
- Guardians and Wards Act, 1890: Applies to other communities.
- Custody Types: Physical custody, joint custody, and visitation rights.
Adoption
Adoption laws provide legal frameworks for permanently transferring parental rights.
- Hindu Adoption and Maintenance Act, 1956: Governs Hindus, Jains, Sikhs, and Buddhists.
- Guardians and Wards Act, 1890: Applies to Muslims, Christians, and Parsis.
- Juvenile Justice (Care and Protection of Children) Act, 2015: A secular law applicable to all communities.
Inheritance and Succession
Inheritance laws determine property distribution upon death.
- Hindu Succession Act, 1956: Equal inheritance rights for sons and daughters post-2005 amendment.
- Muslim Inheritance: Governed by Sharia, with fixed shares for heirs.
- Indian Succession Act, 1925: Applies to Christians, Parsis, and cases involving intestacy under secular law.