Family Law in India

Divorce laws

Listed below are the laws governing Divorce in India and various grounds for Divorce, Maintenance, Child Custody:

• Divorce: Too many people think that doing their own divorce means filling out some forms and maybe getting their spouse to sign an agreement.

• Family Courts in India: Is influenced by jurisdictions of countries like China, USA and England. The Family Courts' main purpose is to assist the smooth and effective disposal of cases relating to family matters.

• Divorce in India

• Grounds of Divorce

• Living Separately 13B

• Till Divorce Do Us Apart

• Other Instances of Divorce Laws

• Cruelty - as a ground for Divorce

• Divorce by mutual consent in India

• Maintenance Under Christian Law

• Additional Grounds for Divorce for wife

Irretrievable Breakdown of Marriage

This concept was first introduced in New Zealand. The Divorce and Matrimonial Causes Amendment Act, 1920 included for the first time the provision for separation agreement for three or more years was a ground for making petition to the court for divorce and the court was discretion whether to grant divorce or not.

• Divorce Cannot Be Granted only on Ground of Irretrievable Breakdown of Marriage: Delhi HC

• Irretrievable Breakdown of Marriage: A Special Ground For Divorce

• Irretrievable breakdown of marriage its origin and implication in Indian Divorce laws

• Why Irretrievable Breakdown and its significance in Indian divorce law

• Irretrievable breakdown of marriage in India

Void and Voidable Marriage

• Law Governing Void and Voidable Marriages: A void marriage as par Hindu marriage act is one that requires no formality to terminate, as it was invalid from the very beginning as it did not follow the strict grounds of a valid marriage as prescribed in the act.

• Nullification of Marriage - An Annulled Marriage: annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.

• Annulment of Marriage under Hindu Law
  
  

Restitution of Conjugal Right

• Restitution of Conjugal Right

• Restitution of Conjugal Rights: After solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to restore Conjugal Rights.

• Restitution of Conjugal Rights: Harvinder Kaur v. Harmander Singh 1983 - It was held that sec 9 was not violative of Articles 14 and 21 of the Constitution, since the leading idea behind Sec 9 was to preserve the marriage. The remedy of restitution was aimed at cohabitation and consortium and not merely at sexual intercourse.
  

Adultery laws

• Adultery law: Adultery is defined as a voluntary sexual intercourse by a married person with a partner other than his/her spouse.

• Adultery: The dying voices analyzing and criticizing every aspect of the law have risen again. The insistence of the National commission.

• Adultery in India - A ground for Divorce: In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation.

• DNA Test: Adultery as a Ground for Divorce: In 1980s court was of the strict opinion that DNA testing hampers the privacy between the parties to the marriage, and was not relied upon. The conclusive proof of legitimacy of a child born during the continuance of a valid marriage was significantly analysed under section 112 of the Evidence Act and was based on the maxim “pater est quem numtioe demonstrant”, meaning thereby the father is he, whom the nuptials indicate.
  

Maintenance for wife and Dependent Children

• Maintenance - Hindu, Muslim, Christian And Parsi Laws: Under Hindu Law, the wife has an absolute right to claim maintenance from her husband.
• Right of Hindu Wife To Maintenance Under Hindu Adoption and Maintenance Act
  “Half of the Indian populations too are women. Women have always been discriminated against and have suffered and are suffering discrimination in silence. Self-sacrifice and self denial are their nobility and fortitude and yet they have been subjected to all inequalities, indignities, and discrimination”. --Justice K.Rama Swamy in Madhu Kishwar vs. State of Bihar.
• Maintenance for wife and children: final and interim
   

Child Custody laws

• Section 26 of Hindu Marriage Act, 1955 deals with Custody of Children
• Section 38 of the Special Marriage Act, 1954 deals with Custody of Children (Court marriage or couple from different faith)
• Section 41 of the Divorce Act, 1869 deals with Custody of Children for couple following Christian faith
• Section 43. Power to make orders as to custody of children in suits for dissolution of nullity.
• Child Custody law in India
• Child Custody & Guardianship
• Custody - Hindu, Muslim, Christian & Parsi Law's
• Guardianship - Hindu, Muslim, Christian & Parsi Laws