Family Law

Most of these laws have been derived from ancient scripts that the respective religions follow. For example, if marriage is considered insoluble in Hindu law, it is a contract under Muslim law. Since these laws are derived from scriptures, different interpretations may lead to changes in the law. These laws also change due to the changing times in the modern world.

Hindu Law

Under the Hindu Marriage Act, the provisions related to the validity of a marriage, and settlement of marriage disputes such as restitution of conjugal rights, annulment, and divorce are stated clearly. For example, bigamy or polygamy is prohibited under Hindu law.  Things like marriageable age, consent, soundness of mind, prohibited relationships, and voidability of marriage are defined with respect to Hindu family laws.

Apart from these, in case a Will has not been written, the Indian succession act, of 1925, describes rules for the distribution of property. Also, the execution of a will after the death of a person and other such details are enforced using this law.

Muslim Law

The laws regarding marriage, dissolution of marriage, inheritance, etc. are all based on the Quran. They are different from what applies to people of other religions. The laws are based on the personal laws of Islam. There are sperate laws to protect Muslim women in Matrimony.

Special Marriage Act

In India, marriages are often associated with religious ceremonies and rituals. However, some people prefer going the secular way and not being governed by any law that is particular to a religion. This is mostly in the case of inter-caste or inter-religion marriages. For people who get married under the Special Marriage Act, marriage is a civil contract. The Special Marriage Act takes care of the legalities for such marriage contracts.

The Law against Domestic Violence Act

With increasing acts of crimes against women inside domestic households, it became very important to form laws for the victims of domestic violence. Hence, the Protection of Women from domestic violence act, 2005 is deemed necessary. Family courts in India help grant emergency relief in such cases as well. In many cases, the husband or partner is required to provide alternate accommodation and maintenance to the victim. Custody of the children also becomes a matter of dispute here. In these cases, the victim has several rights and provisions such as the service of the police and medical support.

Dowry Prohibition Act, 1961

A dowry is anything that is given as money, goods, or property during marriage by either party. It is the cause of several domestic abuse crimes in India. The issue is prevalent across all strata of society. The Dowry prohibition act aims to prevent giving or receiving dowry. It also establishes the punishments that can be given for crimes related to dowry. This law is applicable to people of all religions.

How We Can Help You

According to the Family Courts Act, of 1984, State governments are required to establish family courts in every town or city that has a population exceeding 1 million. So, there are enough courts to get your cases heard. Though in the practical world, and with the increase in divorce cases, the burden of the family courts has increased substantially, leading to family cases being heavily pending. Your family lawyer can give you legal assistance with your cases related to the following issues:

• Divorce by Mutual Consent or on Grounds of Cruelty
• Property Disputes
• Marriage agreements
• Divorce
• Child custody
• Adoption and surrogacy agreements
• Domestic violence that may or may not be related to dowry.