Family laws in India are governed by a mix of personal laws based on religion, statutory laws, and judicial precedents. Here’s an overview of the major legal provisions related to family matters in India:
1. Marriage Laws
- Hindu Marriage Act, 1955 – Governs marriage among Hindus, Buddhists, Jains, and Sikhs. It covers conditions for a valid marriage, divorce, and maintenance.
- Muslim Personal Law (Shariat) Application Act, 1937 – Governs marriage, divorce, maintenance, and inheritance for Muslims.
- Special Marriage Act, 1954 – Allows inter-religious and civil marriages.
- Christian Marriage Act, 1872 – Governs marriage among Christians in India.
- Parsi Marriage and Divorce Act, 1936 – Governs marriage and divorce among Parsis.
2. Divorce Laws
- Hindu Marriage Act, 1955 – Provides grounds for divorce such as adultery, cruelty, desertion, mental disorder, and conversion.
- Muslim Personal Law – Allows divorce through Talaq (now regulated), Khula (by wife), and Mubarat (mutual consent).
- Indian Divorce Act, 1869 – Governs divorce among Christians.
- Parsi Marriage and Divorce Act, 1936 – Governs divorce among Parsis.
- Special Marriage Act, 1954 – Provides for divorce for interfaith and secular marriages.
3. Maintenance and Alimony
- Section 125 of the Criminal Procedure Code (CrPC) – Provides maintenance for wives, children, and parents.
- Hindu Marriage Act, 1955 – Allows for permanent alimony and maintenance.
- Muslim Women (Protection of Rights on Divorce) Act, 1986 – Provides for maintenance of divorced Muslim women.
- Protection of Women from Domestic Violence Act, 2005 – Allows maintenance as part of relief for domestic violence victims.
4. Child Custody and Adoption
- Hindu Minority and Guardianship Act, 1956 – Governs child custody for Hindus.
- Guardian and Wards Act, 1890 – Applies to non-Hindus regarding child custody.
- Juvenile Justice (Care and Protection of Children) Act, 2015 – Governs adoption for all religions.
- Hindu Adoptions and Maintenance Act, 1956 – Regulates adoption among Hindus.
5. Inheritance and Succession Laws
- Hindu Succession Act, 1956 – Governs inheritance for Hindus, giving equal rights to sons and daughters.
- Indian Succession Act, 1925 – Governs inheritance for Christians, Parsis, and those married under the Special Marriage Act.
- Muslim Personal Law – Follows Islamic inheritance principles.
6. Domestic Violence and Protection of Women
- Protection of Women from Domestic Violence Act, 2005 – Provides legal remedies against domestic violence.
- Dowry Prohibition Act, 1961 – Bans giving and receiving dowry.
- Section 498A IPC – Penalizes cruelty by husband and in-laws.