FAMILY MATTERS E.G. DIVORCE BY COURT OR BY MUTUAL CONSENT, ADOPTION\, SUCCESSION UNDER HINDU LAW

FAMILY MATTERS

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What Are Family Matters?

Family law in India deals with issues related to family relationships like marriage, divorce, maintenance, child custody, adoption, succession, and inheritance. These are civil matters, though they can intersect with criminal law (e.g., domestic violence or dowry).

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Important Family Laws (Religion-Based & General)

For Hindus

 (Hindus, Buddhists, Jains, Sikhs):

• Hindu Marriage Act, 1955
• Hindu Succession Act, 1956
• Hindu Minority and Guardianship Act, 1956
• Hindu Adoptions and Maintenance Act, 1956

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For Muslims

:

• Personal laws based on Shariat and customs
• Muslim Women (Protection of Rights on Divorce) Act, 1986

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For Christians

:

• Indian Christian Marriage Act, 1872
• Divorce Act, 1869

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For Parsis

:

• Parsi Marriage and Divorce Act, 1936

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Uniform Law

 (Applicable to all):

• Special Marriage Act, 1954 (civil marriage across religions)
• Protection of Women from Domestic Violence Act, 2005
• Maintenance and Welfare of Parents and Senior Citizens Act, 2007
• Juvenile Justice (Care and Protection of Children) Act, 2015 (for adoption)

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Courts Handling Family Matters

• Family Courts (under Family Courts Act, 1984): Handle all family disputes in urban areas.
• District Courts: In places without separate Family Courts.
• Magistrate Courts: Handle DV and maintenance under CrPC.
• High Courts: For writs, appeals, guardianship, and habeas corpus in custody.
• Supreme Court: Final appeals and constitutional questions.

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Divorce and Separation

Types of Divorce:

• Mutual Consent – Fastest and least hostile
• Contested Divorce – One party unwilling, filed under specific grounds

Grounds for Divorce:

• Adultery
• Cruelty
• Desertion
• Conversion
• Mental disorder
• Venereal disease
• Renunciation
• Not heard alive for 7+ years

Time for Mutual Divorce: Minimum 6 months separation + 6 months cooling-off (can be waived).

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Maintenance & Alimony

• Under Section 125 CrPC – Any woman (irrespective of religion) can claim.
• Under Hindu Adoptions and Maintenance Act – For Hindus.
• Factors considered: Needs of the claimant, income of husband, lifestyle, children.

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Child Custody & Guardianship

• Decided by “best interest of the child” principle.
• Types:
• Physical custody (residence)
• Legal custody (decision-making)
• Visitation rights
• Guardians and Wards Act, 1890 is commonly used law.

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Domestic Violence (DV)

• Protection under DV Act, 2005
• Provides:
• Residence order
• Protection order
• Maintenance
• Custody
• Compensation

Filed before Magistrate (First Class) with help of Protection Officer.

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Adoption

• Hindus – Under Hindu Adoptions and Maintenance Act
• Others – Through JJ Act, which is religion-neutral
• Only childless persons/couples can adopt (under Hindu law)
• Procedure involves:
• Home study
• Court petition
• Court order confirming adoption

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Succession and Inheritance