Family law encompasses many topics. Common areas include guardianship, inheritance, marriage and divorce proceedings. Indian family laws based on personal law vary based on religion with examples being Parsi Law, Hindu Law, Muslim Law as well as The Special Marriage Act of 1954 being prevalent.
Hindu family law regulates marriage, divorce and alimony for couples marrying within its framework. Women may request lifelong maintenance from their husbands while providing grounds for divorce such as adultery, abuse or desertion.
Marriage
Family law encompasses an expansive set of principles that shape some of the most intimate aspects of human relationships, such as marriage, divorce, child custody and property division. These laws exist to safeguard individual rights while upholding social norms.
The Hindu Marriage Act of 1955 plays an essential role in outlining the parameters for valid marriages. It outlines grounds for divorce such as adultery, cruelty and desertion as well as procedures for dissolving them using methods like Talaq and Khula.
Muslim personal law establishes the principles that govern Muslim marriages and family matters. For instance, the 71st Law Commission Report defines “talaq” as an irrevocable breakdown of marriage in its strictest sense; additionally it suggests initiating such action once every six months by husbands alone. Furthermore, this law covers other aspects of family life such as adoption and guardianship.
Divorce
Divorce in India is governed by family law, including legislation regarding property division, child custody issues and alimony payments.
Under Hindu law, divorce may be granted on various grounds: bigamy, rape or sodomy, bestiality, adultery cruelty desertion as well as easily communicable venereal diseases are grounds enough for court ruling on divorce decrees.
Indian courts have broadly interpreted this law. For example, they allow women to file for divorce if their partner has been living separately from them for at least a year and more. When this occurs, a court would review all aspects of the marriage–families involved, properties owned, reason for separation (if applicable), kids (if applicable), ID proofs etc–before sending both parties for mediation to explore reconciliation opportunities; otherwise the divorce proceedings will go forward automatically.
Adoption
Adoption, legally known as legal transference of children between families, is an increasingly prevalent practice among Hindus and other religious communities in India. Indian adoption laws differ significantly from those found elsewhere and cater specifically to Hindus (which includes Buddhists, Jains and Sikhs). Adopted children enjoy all of the rights afforded to biological children as well as inherit property from their adoptive parents.
As stated by Manu Smriti, a widow who adopts a son becomes co-couracener with all surviving co-couraceners of her deceased husband’s family. This belief was confirmed by the Supreme Court in Ankush Narayan v Janabai Desai.
Current Indian adoption laws mandate prospective adoptive parents register with CARINGS (Child Adoption Resource Information and Guidance System) before becoming eligible to adopt. They must be married with stable relationships who are financially secure as well. In addition, extensive background checks and home visits must take place prior to approval as guardians.
Guardianship
Parents are expected to provide for their children’s wellbeing; but when they cannot fulfill this role due to circumstances beyond their control or unfitness, family law comes into play. Under this system, courts can grant guardianship of any individual or institution who will make important decisions in line with the child’s best interests; additionally they will protect and uphold property owned by minors as required.
Courts may also remove guardians if they find them misappropriating or neglecting minor property, although this process may not be straightforward due to precedent and court pronouncements pertaining to guardianship law. For example, Allahabad High Court held in Paras Ram vs State (1960) that an illegitimate daughter’s natural guardian should be her mother rather than his wife as an alternative option – an interpretation later overruled by Supreme Court ruling in Deepti Bhandari vs Nitin Bhandari (2011)