Family Law

In India, family law refers to the body of laws, rules, and regulations that govern legal issues related to family relationships, marriage, and personal matters. Unlike many other areas of law, Indian family law is not uniform—it varies depending on a person’s religion, as it is largely based on personal laws.

Here’s a breakdown:

🔹 Key Areas Covered by Family Law in India

1. Marriage & Divorce

   • Who can marry, what makes a marriage valid, grounds for divorce, procedures for annulment, etc.

2. Maintenance & Alimony

   • Financial support to spouse, children, or dependents after separation or divorce.

3. Adoption & Guardianship

   • Rules for adopting a child and appointing guardians for minors.

4. Child Custody & Welfare

   • Deciding custody, visitation rights, and welfare of children in case of separation.

5. Inheritance & Succession

   • Distribution of property after death, wills, intestate succession (when there is no will).

6. Domestic Violence & Protection

   • Protection of women and children under laws such as the Protection of Women from Domestic Violence Act, 2005.

🔹 Religion-Based Personal Laws

• Hindu Law (includes Buddhists, Jains, Sikhs under the Hindu Marriage Act, 1955):

  • Governed by acts like the Hindu Marriage Act, 1955, Hindu Succession Act, 1956, Hindu Adoption and Maintenance Act, 1956, etc.

• Muslim Law:

  • Based on Islamic principles (Shariat), supplemented by statutes like the Muslim Women (Protection of Rights on Divorce) Act, 1986.

• Christian Law:

  • Governed by the Indian Christian Marriage Act, 1872 and the Divorce Act, 1869.

• Parsi Law:

  • Governed by the Parsi Marriage and Divorce Act, 1936.

• Secular/Uniform Laws:

  • Special Marriage Act, 1954: Allows inter-religious or civil marriages.

  • Juvenile Justice Act, 2015: Governs adoption across religions.

  • Domestic Violence Act, 2005 and Guardians and Wards Act, 1890 apply universally.