# Family Law in India

Family law is the branch of law that deals with matters related to marriage, divorce, adoption, guardianship, maintenance, succession, inheritance, and other family affairs. Family law in India is not uniform but rather varies according to the religion, caste, community, and custom of the parties involved. There are five broad sets of family laws in India:

- Hindu law

- Muslim law

- Christian law

- Parsi law

- Secular law

## Hindu Law

Hindu law applies to Hindus, Buddhists, Jains and Sikhs. It is derived from the ancient religious texts of Hinduism, such as the Vedas, the Upanishads, the Bhagavad Gita, and the Manusmriti. However, Hindu law has also been modified by various legislations enacted by the Parliament after independence. Some of the important statutes that govern Hindu family law are:

- The Hindu Marriage Act 1955

- The Hindu Succession Act 1956

- The Hindu Adoption and Maintenance Act 1956

- The Hindu Minority and Guardianship Act 1956

Hindu marriage is considered as a sacrament and not a contract. It requires the performance of certain rituals and ceremonies according to the customs of the parties. For a Hindu marriage to be legally valid, it must also satisfy certain conditions, such as:

- The parties must be of sound mind and capable of giving valid consent.

- The parties must not be within the degrees of prohibited relationship or sapinda relationship (close blood relatives).

- The bridegroom must have completed 21 years of age and the bride must have completed 18 years of age.

- Neither party should have a living spouse at the time of marriage.

If any of these conditions are violated, the marriage may be declared null and void or voidable by a competent court. A Hindu marriage can be dissolved by divorce on various grounds, such as:

- Adultery

- Cruelty

- Desertion

- Conversion

- Insanity

- Leprosy

- Venereal disease

- Presumption of death

Hindu law also provides for adoption, which is the legal process of taking a child as one's own. Adoption can be done by any male or female Hindu who is of sound mind, not a minor, and has the capacity to adopt. The person adopting a child must not have a son, son's son, or son's son's son living at the time of adoption. The child to be adopted must be a Hindu, below 15 years of age, and not already adopted. The adoption must be made with the consent of the natural parents or guardian of the child and in accordance with the prescribed ceremonies.

Hindu law also regulates the rights and obligations of parents and children, spouses and relatives with respect to maintenance, guardianship, and inheritance. Maintenance is the provision of financial support for the living expenses of a dependent person. Guardianship is the legal authority to take care of a minor or an incompetent person and his or her property. Inheritance is the devolution of property on the death of a person according to his or her will or by operation of law.

## Muslim Law

Muslim law applies to Muslims, who follow the religion of Islam. It is based on the Quran, which is the holy book of Islam, and the Hadith, which are the sayings and actions of Prophet Muhammad. Muslim law has not been codified by any statute in India, except for some aspects such as divorce and succession. Muslim law is also subject to interpretation by various schools of thought, such as Sunni and Shia.

Muslim marriage is a contract between a man and a woman for legalizing sexual intercourse and the procreation of children. It requires the offer (ijab) and acceptance (qubul) by the parties in the presence of two witnesses and payment of dower (mahr) by the husband to the wife. For a Muslim marriage to be legally valid, it must also satisfy certain conditions, such as:

- The parties must be competent to contract.

- The parties must not be within the prohibited degrees of relationship (close blood relatives or foster relatives).

- The parties must consent freely without any coercion or fraud.

- The parties must belong to the same religion or faith.

If any of these conditions are violated, the marriage may be declared null and void or irregular by a competent court. A Muslim marriage can be dissolved by divorce on various grounds, such as:

- Talaq: Repudiation of marriage by the husband.

- Khula: Dissolution of marriage by mutual consent of the parties.

- Mubaraat: Dissolution of marriage by mutual release of the parties.

- Talaq-e-tafweez: Delegation of the power of divorce by the husband to the wife or a third person.

- Lian: Accusation of adultery by the husband against the wife and denial by the wife.

- Faskh: Judicial annulment of marriage by a court on certain grounds.

Muslim law also provides for adoption, which is not recognized as a legal process, but rather as a moral act of kindness and charity. A Muslim can take a child under his or her care and protection, but the child does not acquire the legal status of a son or daughter. The child retains his or her original parentage and inheritance rights. The adoptive parent can also make a will in favor of the child, but not more than one-third of his or her property.

Muslim law also regulates the rights and obligations of parents and children, spouses and relatives with respect to maintenance, guardianship, and inheritance. Maintenance is the duty of the husband to provide for the reasonable needs of his wife and children. Guardianship is the right and responsibility of the father to take care of his minor children and their property. Inheritance is the distribution of property on the death of a person according to the rules of the Quran, Hadith, and customary law.

## Christian Law

Christian law applies to Christians, who follow the religion of Christianity. It is derived from the Bible, which is the holy book of Christianity, and the ecclesiastical laws of various churches and denominations. Christian law has also been influenced by English common law and Indian statutory law. Some of the important statutes that govern Christian family law are:

- The Indian Christian Marriage Act 1872

- The Indian Divorce Act 1869

- The Indian Succession Act 1925

Christian marriage is a holy union between a man and a woman for mutual love and support and for the procreation of children. It requires the solemnization of marriage by a priest or a minister in a church or any other place according to the rites and ceremonies of the parties. For a Christian marriage to be legally valid, it must also satisfy certain conditions, such as:

- The parties must be competent to contract.

- The parties must not be within the prohibited degrees of affinity or consanguinity (close blood relatives or relatives by marriage).

- The parties must give notice of their intention to marry to the marriage registrar or the minister.

- The parties must obtain a certificate or license from the marriage registrar or the minister.

- The parties must have at least two witnesses at the time of marriage.

If any of these conditions are violated, the marriage may be declared null and void or voidable by a competent court. A Christian marriage can be dissolved by divorce on various grounds, such as:

- Adultery

- Cruelty

- Desertion

- Conversion

- Insanity

- Leprosy

- Venereal disease

- Presumption of death

Christian law does not provide for adoption but allows Christians to adopt children under the secular law, that is, the Juvenile Justice (Care and Protection) Act 2015. Under this Act, any person who is eligible to adopt can adopt an orphan, abandoned, or surrendered child through a registered adoption agency. The adoption must be made with the consent of the biological parents or guardian of the child and in accordance with the prescribed procedures.

Christian law also regulates the rights and obligations of parents and children, spouses and relatives with respect to maintenance, guardianship, and inheritance. Maintenance is the obligation of both parents to provide for their children according to their means and status. Guardianship is the authority conferred by law or by appointment on a person to take care of a minor or an incompetent person and his or her property. Inheritance is the succession of property on the death of a person according to his or her will or by operation of law.

## Parsi Law

Parsi law applies to Parsis, who follow the religion of Zoroastrianism. It is based on the religious texts of Zoroastrianism, such as the Avesta, which are interpreted by priests and scholars. Parsi law has also been codified by some statutes enacted by the Parliament. Some of the important statutes that govern Parsi family law are:

- The Parsi Marriage and Divorce Act of 1936

- The Parsi Succession Act 1925

Parsi marriage is a solemn contract between a man and a woman for companionship and the procreation of children. It requires the performance of certain rituals and ceremonies according to the customs of Parsis. For a Parsi marriage to be legally valid, it must also satisfy certain conditions, such as:

- The parties must be competent to contract.

- The parties must not be within certain degrees of consanguinity (close blood relatives).

- The parties must belong to the Parsi religion or faith.

If any of these conditions are violated, the marriage may be declared null and void or voidable by a competent court. A Parsi marriage can be dissolved by divorce on various grounds, such as:

• Non-consummation of marriage within one year due to the wilful refusal of the defendant.
• Adultery
• Cruelty
• Desertion for two years or more
• Conversion to another religion
• Insanity for two years or more
• Leprosy
• Venereal disease
• Presumption of death

Parsi law also provides for adoption, which is not recognized as a legal process, but allows Parsis to adopt children under the secular law, that is, the Juvenile Justice (Care and Protection) Act 2015. Under this Act, any person who is eligible to adopt can adopt an orphan, abandoned, or surrendered child through a registered adoption agency. The adoption must be made with the consent of the biological parents or guardian of the child and in accordance with the prescribed procedures.

Parsi law also regulates the rights and obligations of parents and children, spouses and relatives with respect to maintenance, guardianship, and inheritance. Maintenance is the duty of both parents to provide for their children according to their means and status. Guardianship is the right and responsibility of the father to take care of his minor children and their property. Inheritance is the succession of property on the death of a person according to his or her will or by operation of law.

Secular Law

Secular law applies to all persons irrespective of their religion, caste, community, or custom. It is based on the principles of equality, justice, and human rights. Secular law has been enacted by various statutes by the Parliament. The most important statute that governs secular family law is:

• The Special Marriage Act of 1954

The Special Marriage Act 1954 provides for civil marriage between any two persons who fulfill certain conditions, such as:

• The parties must be competent to contract.
• The parties must not be within the degrees of prohibited relationship (close blood relatives).
• The parties must give notice of their intention to marry to the marriage officer of the district where at least one of them resides.
• The parties must obtain a certificate from the marriage officer after the expiry of 30 days from the date of notice.
• The parties must solemnize their marriage before the marriage officer and three witnesses.

If any of these conditions are violated, the marriage may be declared null and void or voidable by a competent court. A civil marriage can be dissolved by divorce on various grounds, such as:

• Adultery
• Cruelty
• Desertion for two years or more
• Conversion to another religion
• Insanity for three years or more
• Leprosy
• Venereal disease
• Presumption of death

Secular law also provides for adoption, which is recognized as a legal process under the Juvenile Justice (Care and Protection) Act 2015. Under this Act, any person who is eligible to adopt can adopt an orphan, abandoned, or surrendered child through a registered adoption agency. The adoption must be made with the consent of the biological parents or guardian of the child and in accordance with the prescribed procedures.

Secular law also regulates the rights and obligations of parents and children, spouses and relatives with respect to maintenance, guardianship, and inheritance. Maintenance is the obligation of both parents to provide for their children according to their means and status. Guardianship is the authority conferred by law or by appointment on a person to take care of a minor or an incompetent person and his or her property. Inheritance is the succession of property on the death of a person according to his or her will or by operation of law.

Conclusion

Family law in India is diverse and complex, reflecting the pluralistic nature of Indian society. Different religions have different laws governing their family matters, which are often based on their respective scriptures and traditions. However, there is also a secular law that applies to all persons regardless of their religion, which is based on the principles of equality, justice, and human rights. Family law in India aims to protect the rights and interests of individuals and families in relation to marriage, divorce, adoption, guardianship, maintenance, and inheritance.

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