Family Law

There is no single unified legislation with regard to family law which governs all the citizens of India. People of different religions have their own respective laws Hindus are governed by Hindu Law, Muslims are governed by Muslim Law, Zoroastrians are governed by Parsi Law and Christians by Christian Law. In 1772 Warren Hastings formulated provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. This practice has not changed even after independence. Issues of marriage, divorce, succession, inheritance etc are all governed for hindus in accordance with hindu law and for muslims in accordance with muslim law. Attempts have been made to modernise and to bring about uniformity among the different personal laws.

Family law is the branch of law which deals with matter like marriage, divorce, succession, inheritance etc. Jains, Sikhs and Buddhists are also covered by Hindu law. Hindus are governed by Hindu Marriage Act, 1955 with regard to marriage, and the eligibility conditions of the bride and the groom for the marriage. Conditions for divorce are also specified under the Hindu Marriage Act 1955. Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. But she loses her right if she deviates from the path of chastity. Her right to maintenance is codified in the Hindu Adoptions and Maintenance Act, 1956. Issues related to maintenance and adoption is governed by the Hindu Maintenance and Adoptions Act. The Hindu Minority and Guardianship Act, 1956 has codified laws of Hindus relating to minority and guardianship.

Muslims in India are governed by their personal law which is codified under Muslim Personal Law (Shariat) Application Act, 1937. The Act deals with the issues of “Nikah”, “Talak”. For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law and for Indian Christian there is an Indian Christian Marriage Act 1889. Persons of any religion who get married under the Special Marriage Act, 1954 are governed by Special Marriage Act, 1954. There are certain penal provisions also in the Criminal Procedure Code providing for the maintenance of the wife and punishment for bigamy. Muslim law recognizes that mother's right to custody of minor children (Hizanat) is an absolute right. Even the father cannot deprive her of it. The Muslim Women (Protection of Rights on Divorce) Act, 1986 protects rights of Muslim women who have been divorced by or have obtained divorce from their husbands and provides for matters connected therewith or incidental thereto.

Family is a basic social unit and forms the crux of every society. Family law is that branch of law which governs this basic social unit. Marriage, divorce, maintenance, adoption etc are all issues which are governed by family law. From marriage to the laws of successions and inheritance are governed by family law. In India there is no one unified legislation on family law, but there are different laws for people belonging to different religions, like the Hindus, Sikhs, Buddhists and Jains are governed by Hindu Law, Muslims are governed by Muslim Law and Christians are governed by separate legislations in this regard.

The Special Marriage Act, 1954
Persons governed by this Act can specifically register marriage under the said Act even though they are of different religious faiths.

Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955 applies to Hindus (in any of its forms or development) and also to Buddhists, Sikhs, Jains and also those who are not Muslims, Christians, Parsis or Jews by religion.

Indian Christian Marriage Act, 1872
The Act specifies the law governing marriage among Christians.

Indian Divorce Act, 1869
The Act specifies the provisions for divorce for the Christians. In the Indian Divorce Act, 1869 comprehensive Amendments were made through the Indian Divorce (Amendment) Act, 2001 (No. 51 of 2001) to remove discriminatory provisions against women in the matter of Divorce.

Dissolution of Muslim Marriage Act, 1939
The Act specifies the law governing dissolution of marriage among Muslims.

Parsi Marriage and Divorce Act, 1936
The Act governs the matrimonial relations of Parsis.

Hindu Adoption and Maintenance Act, 1956
It is the Act which governs the issue of adoption and maintenance among Hindus.

Guardians and Wards Act, 1890
Muslims, Christians and Parsis have no adoption laws and have to approach the court under the Guardians and Wards Act, 1890. Muslims, Christians and Parsis can take a child under the said Act only under foster care. Once a child under foster care becomes major, he is free to break away all this connections. Besides, such a child does not have the legal right of inheritance.

Hindu Minority and Guardianship Act, 1956
The Act had codified laws of Hindus relating to minority and guardianship.

Muslim Women (Protection of Rights on Divorce) Act, 1986
The Act protects rights of Muslim women who have been divorced by or have obtained divorce from their husbands and provides for matters connected therewith or incidental thereto.