Family Law and Personal Laws
Family Law and Personal Laws tests marriage, divorce, succession, maintenance, guardianship and adoption across the major personal law systems, with Hindu law and the secular statutes dominating.
Hindu law
- Hindu Marriage Act 1955: conditions under s.5; void marriages s.11; voidable s.12; restitution s.9; judicial separation s.10; divorce s.13; mutual consent s.13B.
- Hindu Succession Act 1956: s.6 makes daughters coparceners by birth; Vineeta Sharma v. Rakesh Sharma (2020) held the right applies retrospectively to daughters alive on 9 September 2005.
- Hindu Adoption and Maintenance Act 1956 and Hindu Minority and Guardianship Act 1956.
Muslim and other laws
- Nikah, dower, talaq, khula and mubarat; Shayara Bano v. Union of India (2017) invalidated triple talaq.
- Special Marriage Act 1954 for civil marriages; Indian Christian Marriage Act 1872 and Indian Divorce Act 1869.
Maintenance and protection
- s.144 BNSS (formerly s.125 CrPC) provides maintenance to wife, children and parents.
- Protection of Women from Domestic Violence Act 2005; Dowry Prohibition Act 1961; Prohibition of Child Marriage Act 2006.
Worked example
A Hindu father dies in 2008 leaving a self-acquired house and a coparcenary interest. His daughter, alive on 9 September 2005, is a coparcener by birth and can claim her share in the coparcenary interest; Vineeta Sharma confirms she need not have been alive when the 2005 amendment was notified.
Traps
s.13B requires mutual consent and a cooling period; irretrievable breakdown is not a statutory ground; maintenance under different statutes can coexist; a void marriage does not create succession rights.