Family matters encompass a wide range of legal issues related to family relationships, rights, and obligations. These legal areas typically deal with matters concerning marriage, divorce, child custody, adoption, inheritance, and other familial disputes. Family law aims to resolve personal conflicts within families while ensuring justice and protecting the rights of individuals, especially vulnerable ones like children and women.
Key Areas of Family Law:
Marriage and Divorce:
Marriage: A Concept of Legal formalization of a relationship between two Genders of legally Marriageable age. Different personal laws governs marriage as per their customs, Rituals and Laws, such as the Hindu Marriage Act (1955), the Special Marriage Act (1954), and Muslim Personal Law, depending on religious backgrounds of the particular Individuals and Legal scenarios in case of Inter-religion marriage etc.
Divorce: The legal dissolution of a marriage before the court of law is called Divorce. Grounds for divorce differ depending on the personal laws that apply. Common grounds include cruelty, adultery, desertion, and mutual consent.
In India:
Hindu Marriage Act, 1955 governs divorce among Hindus, Buddhists, Jains, and Sikhs.
Muslim Personal Law (Shariat), 1937 governs marriage and divorce among Muslims.
Special Marriage Act, 1954 allows people from different religions to marry and governs divorce accordingly.
Child Custody and Guardianship:
Child Custody: Post-divorce or separation, the custody of children is decided based on their welfare. The court can grant sole custody, joint custody, or visitation rights, depending on the best interests of the child.
Guardianship: It involves the legal responsibility of a person to care for a child or a dependent adult. The Guardians and Wards Act, 1890, plays a crucial role in guardianship cases.
Courts prioritize the best interest of the child, focusing on factors like emotional, educational, and financial well-being.
Alimony and Maintenance:
After a divorce or separation, one spouse may be required to provide financial support (alimony) to the other as per the claim made by the other side, based on factors like the financial status, earning capacity, and duration of marriage.
Maintenance also includes the right of dependent children, parents, or a spouse to receive financial support from a person legally obligated to provide for them. This is provided under Section 125 of the Criminal Procedure Code (CrPC) earlier and now under the prevalent new Law under section 144 of BNSS for all communities, aside from personal laws.
Adoption:
Adoption is the legal process of taking a child into a family and giving them the same rights as a biological child.
The Hindu Adoption and Maintenance Act, 1956 regulates adoption for Hindus, while The Juvenile Justice (Care and Protection of Children) Act, 2015 allows adoption across all religions.
Adoption under Muslim law is not recognized, but Muslims can seek guardianship under the Guardians and Wards Act.
Domestic Violence:
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides legal protection to women from abuse (physical, emotional, economical, etc.) within a domestic relationship in any household.
Women can seek relief such as protection orders, residence orders, monetary relief, custody orders, and compensation.
Inheritance and Succession:
Intestate Succession: When a person dies without a will, inheritance laws come into play. Different personal laws apply to Hindus, Muslims, Christians, and Parsis.
Hindu Succession Act, 1956 governs the inheritance for
Hindus.
Muslim personal laws follow the principles of the Quran, where sons get a larger share than daughters.
Indian Succession Act, 1925 governs succession for Christians and Parsis.
Testate Succession: When a person leaves behind a valid will, their property is distributed according to the will.
Dowry and Cruelty for demand of Dowry-the matters related to the demand of Dowry and Cruelty attributed for demand of Dowry over the female and other Related
Issues:
The Dowry Prohibition Act, 1961 criminalizes the practice of giving or receiving dowry in India.
Dowry harassment and deaths are serious concerns, with legal provisions under Section 498A of the Indian Penal Code to protect women from cruelty and abuse related to dowry.
Surrogacy:
Surrogacy refers to a woman carrying a child for another couple or individual. India’s surrogacy laws are regulated by the Surrogacy (Regulation) Act, 2021, which permits only altruistic surrogacy under strict conditions.
Live-In Relationships:
While not formally recognized under any law, live-in relationships have received legal recognition in specific contexts like domestic violence cases, inheritance rights for children born out of these relationships, and maintenance rights under the PWDVA.