Personal and Family Law (Hindu, Muslim, Christian marriage, succession and guardianship)
Personal and Family Law tests marriage validity, matrimonial relief, succession and guardianship across Hindu, Muslim and Christian communities, alongside secular statutes such as the Special Marriage Act 1954.
Hindu law
Hindu Marriage Act 1955 s 5 conditions include monogamy, sound mind, age and prohibited relationship. Breach of some conditions makes the marriage void under s 11 or voidable under s 12. Divorce grounds are in s 13; maintenance in ss 24–25. Hindu Succession Act 1956 s 6, as amended in 2005, makes a daughter a coparcener by birth. Hindu Minority and Guardianship Act 1956 governs custody and guardianship.
Muslim law
Nikah requires offer and acceptance, witnesses and mahr. Registration is not essential for validity. Talaq-e-biddat was invalidated in Shayara Bano (2017). Inheritance follows Hanafi or Shia rules; guardianship distinguishes custody from legal guardianship.
Christian and secular law
Indian Christian Marriage Act 1872 governs solemnisation; Indian Divorce Act 1869 governs divorce. The Special Marriage Act 1954 provides secular marriage and succession under the Indian Succession Act 1925.
Worked example
A Hindu daughter claims a share in ancestral coparcenary property. After the 2005 amendment, she is a coparcener by birth. But partitions completed before 20 December 2004 are not reopened. Her share must be worked out on that basis.
Traps
Do not require registration for a valid Muslim marriage. Do not treat talaq-e-biddat as valid. Do not confuse void and voidable marriages. Do not ignore the daughter’s coparcenary status and the cut-off date.