Family Law

Family law in India governs various aspects of family relationships and matters. It includes laws related to marriage, divorce, adoption, inheritance, child custody, and domestic violence. India has separate personal laws for different religious communities.

India has multiple family laws that are currently in effect due to its diverse religious and cultural makeup. The number of family laws in India varies depending on the religion or community to which a person belongs. Some of the prominent family laws include:

Hindu Marriage Act, 1955,
Hindu Adoption and Maintenance Act, 1956,
Hindu Succession Act, 1956,
Muslim Personal Law (Shariat) Application Act, 1937,
Dissolution of Muslim Marriages Act, 1939,
Special Marriage Act, 1954,
Indian Christian Marriage Act, 1872,
Indian Divorce Act, 1869 (applicable to Christians),
Parsi Marriage and Divorce Act, 1936,
Foreign Marriage Act, 1969.

These are some of the major family laws that govern marriage, divorce, adoption, and inheritance for different religious communities in India. Additionally, certain secular laws like the Protection of Women from Domestic Violence Act, 2005, and the Juvenile Justice (Care and Protection of Children) Act, 2015, also address family-related issues.

One of the most significant and well-known family law cases in India is the “Shah Bano case.” In 1985, The Hon’ble Supreme Court of India delivered a landmark judgment in the case of Shah Bano Begum v. Union of India. The case involved the issue of maintenance for a Muslim woman after her divorce, and it raised important questions about the rights of Muslim women under the Muslim Personal Law. The Hon’ble Supreme Court’s ruling granted maintenance to Shah Bano, sparking a national debate on the conflict between religious personal laws and fundamental rights guaranteed under the Indian Constitution. The case ultimately led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which curtailed the rights of Muslim women to claim maintenance beyond the iddat period. While the Shah Bano case is undoubtedly significant in the context of family law and women’s rights in India.