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At The Legal Insight Law Firm, we understand that family legal issues can be some of the most challenging and emotional experiences a person can go through. That's why we specialize in providing expert legal services related to Family Laws in Delhi.
Our team of experienced lawyers has the knowledge and expertise to help you navigate a wide range of family law matters, including divorce, child custody, domestic violence, adoption, Adoption and guardianship, marriage, and more:
We are committed to providing our clients with personalized attention and support to help them through every step of the legal process.
We understand that every family legal issue is unique and requires a tailored approach. That's why we work closely with our clients to understand their specific needs and develop a strategy that meets their goals. Our team of lawyers is dedicated to protecting the rights of our clients and achieving the best possible outcome for their case.
At The Legal Insight Law Firm, we are proud to serve each individuals of every community with expert legal services in family law. India’s family laws are a significant part of the country's legal system, which combines civil, criminal, and religious/personal laws
Some of the laws which relates to family law are: -
Hindu Marriage Act, 1955: -
The Hindu Marriage Act (HMA) is an act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time, the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others. Besides amending and codifying Sastrik Law, it also included separation and divorce, which also exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religion-specific civil codes that separately govern adherents of certain other religions.
Section 13 of the Hindu Marriage Act, 1955 provides lists the grounds for applying divorce:
•Adultery: Having a sexual relationship outside of marriage, including intercourse
•Cruelty: Unjustifiable behavior that causes physical, mental, or emotional harm
•Desertion: Abandoning a partner without consent for at least two years
•Conversion: Converting from Hinduism to another religion
•Mental disorder: Any mental illness that makes it difficult for the couple to stay together
•Chronic diseases: Leprosy and venereal diseases
•Renunciation: Entering a religious order
•Presumption of death: If the other party has not been heard of for seven years or more
Section 13(A) also allows for divorce by mutual consent, if both parties agree to end the marriage
Under Section 13B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally.
Section 13B of the Hindu Marriage Act, 1955 allows couples to seek a divorce by mutual consent. To do so, they must file a petition with the district court and demonstrate that they meet the following criteria:
•They have been living separately for at least one year
•They are unable to live together
•They have mutually agreed to dissolve the marriage
The couple must also demonstrate mutual consent at each stage of the process, including: When they file the petition, After the waiting period, When the court conducts an inquiry, and When the divorce decree is granted.
If the court is satisfied that the marriage took place and that the petition's claims are true, it will issue a divorce decree. The decree will dissolve the marriage as of the date it is issued
Muslim Personal Law (Shariat) Application Act, 1937: -
This Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims.
Notwithstanding any custom or usage to the contrary, in all questions regarding intestate succession, special property of females including personal property inherited or obtained under contract or gift or any other provision of personal laws, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties and wakfs (other than charities and charitable institutions and charitable and religious endowments), the rules of decision in cases where the parties are Muslims, shall be the Muslim Personal Law (Shariat).”
Parsi Marriage and Divorce Act, 1936:
An Act to amend the law relating to marriage and divorce among Parsis. WHEREAS it is expedient to amend the law relating to marriage and divorce among Parsis
Indian Divorce Act, 1869:-
The Indian Divorce Act 1869 is one of the few codified Indian personal laws governing Christians. Since personal laws apply differently to all religions, the Divorce Act is important as it affects the Christian community. The Act contains provisions defining powers of courts, grounds for dissolution of marriages, nullity decrees, custody issues, etc.
Section 10 of the Indian Divorce Act contains grounds on which a court may dissolve a marriage. In order to avail a divorce, the husband or wife must file a petition before the District Court. This is basically the court under whose jurisdiction the parties solemnized their marriage or they reside or last resided together.
The court may grant a divorce under any of the following grounds:
a) When one of the parties commits adultery;
b) If a party ceases to be a Christian;
c) In case of a party being of unsound mind for two years;
d) If a party has been suffering from leprosy or a venereal disease for two years;
e) In case of a party wilfully refusing to consummate the marriage;
f) When a party has deserted the spouse for two years or more;
g) In case of a party treating the spouse with cruelty.
Apart from these grounds, the wife can present a petition of divorce on additional grounds. For example, she can file for divorce if her husband has, after marriage, been guilty of rape, bestiality, etc.
The Anand Marriage Act of 1909: -
It was passed by the British Imperial Legislative Council to legally recognize the Sikh wedding ceremony, Anand Karaj, as a valid form of marriage. The act was intended to respect the Sikh community's customs and practices, and to differentiate Sikh marriages from Hindu marriages. The act also aimed to legitimize the Sikh community's religious and cultural identity in India.
The act states that any marriage that has been performed according to the Anand ceremony is valid in law, with effect from the date of the ceremony. However, the act does not validate marriages between people who are related in a way that would make the marriage illegal according to Sikh customary law.
In 2012, the Parliament passed the Anand Marriage (Amendment) Bill, which brought Sikh traditional marriages under the purview of legal recognition.
Punjab, Haryana, Himachal Pradesh, Jharkhand and Meghalaya states of India where the Act has been implemented while Delhi, Bihar, Assam, UP, Maharashtra, Madhya Pradesh, Odisha and Uttarakhand are completing the process to implement it soon recently it was also implemented in Jammu and Kashmir in 2023.
The Foreign Marriage Act, 1969: -
It is Act of the Parliament of India enacted on 31 August 1969. It was enacted due to the recommendations of the Third Law Commission with the object of streamlining the law relating to recognition of marriages solemnized outside India between Indian citizens, or an Indian citizen and a foreign citizen
The main purpose of the act was to recognize the marriage of citizens of India outside India
The Hindu Minority & Guardianship Act, 1956: -
The Hindu Minority and Guardianship Act was established in 1956 as part of the Hindu Code Bills. Three other important acts were also created during this time the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to modernize the prevailing Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property.
The Hindu Minority and Guardianship Act of 1956 (HAM Act) was enacted to establish guardianship and custody laws for Hindu minors in India. The Act defines a minor as someone under the age of 18 and establishes rules for appointing and removing guardians, as well as the rights of minors and the duties of guardians. The Act also provides guidance for the custody of minors in the event of a parent's death, separation, or divorce.
The HAM Act was intended to enhance the Guardians and Wards Act of 1890, rather than replace it. The Act recognizes four types of guardians: Natural guardian, Testamentary guardian, De facto guardian, and Guardian appointed by the court.
The Act also includes provisions related to the powers of guardians, and the capacity of a person to act as a guardian. For example, Section 20 of the HAM Act requires both parents to equally maintain their children, regardless of whether they are legitimate or illegitimate
The Hindu Succession Act, 1956
The Hindu Succession Act of 1956 was enacted to modernize the law of inheritance and succession in India. The act's purpose was to codify and amend the law relating to intestate succession among Hindus, Buddhists, Jains, and Sikhs:
Equal rights for female heirs
The act gave female heirs equal rights to succession and inheritance as male heirs.
Order of succession
The act established rules for determining the order of succession among agnates and cognates. For example, if two heirs have the same number of degrees of ascent, the heir with fewer degrees of descent is preferred.
Disqualification for murder
The act disqualifies anyone who commits murder or abets murder from inheriting property from the murdered person.
Definition of religion
The act defines who is considered Hindu, Buddhist, Jain, or Sikh, including children of mixed parentage and converts.
The act has been amended over time to address gender equality and changing societal norms. It applies throughout India
The Dowry Prohibition Act, 1961: -
The Dowry Prohibition Act of 1961 (28 of 1961) is an Indian law that aims to prohibit the practice of dowry. The act includes the following provisions:
Section 3
Anyone who gives, takes, or helps give or take a dowry after the act's commencement can be punished with a minimum of five years in prison and a fine of at least 15,000 rupees, or the value of the dowry, whichever is greater.
Section 304B IPC now Section 79 BNS
Anyone who commits dowry death can be punished with a minimum of seven years in prison, and up to life in prison.
The Christian Marriage Act, 1872: -
The Indian Christian Marriage Act of 1872 has several requirements for Christian marriages in India, including:
•Age
The groom must be at least 21 years old and the bride must be at least 18 years old.
•Consent
The couple's agreement must be free and voluntary, without compulsion, undue influence, or threat of violence.
•Witnesses
The marriage must be witnessed by two reliable people and a licensed marriage performer.
•Location
The ceremony must take place in a church or chapel between 6 AM and 7 PM, but there may be some flexibility for special requests.
•Marital status
Neither party should have a living spouse at the time of marriage. If either party is divorced, they may need to provide an affidavit of marital status and a copy of their divorce decree.
•Certificates
Before issuing a marriage certificate, a Minister of Religion must ensure that the couple understands the notice or certificate. If necessary, the Minister can translate the notice or certificate into a language the couple understands. The state government can also license Christians to grant marriage certificates.
Special Marriage Act, 1954: -
The Special Marriage Act (SMA) of 1954 is an Act of the Parliament of India that provides a legal framework for civil marriages between people of India and Indian nationals abroad, regardless of their religion or faith. The Act's objectives include:
•Promoting secularism
The SMA allows individuals to marry without converting to their partner's religion, and without being governed by personal laws. This makes India more inclusive and secular.
•Promoting social harmony
The SMA enables marriages based on mutual consent and without religious barriers, which can help promote unity and social harmony.
•Promoting gender equality
The SMA ensures that both partners have the same legal standing and rights.
•Simplifying the process
The SMA focuses on legalities rather than elaborate religious ceremonies, making the process straightforward.
The SMA also ensures that marriages are legally recognized across India, providing various legal protections and rights.
The steps for applying for a marriage under the SMA include: Checking eligibility, Contacting the Marriage Officer, Issuing a public notice, Addressing objections, and Signing a declaration.
The documents required for solemnization include: Proof of age, Address proof, Affidavit with regard to marital status, Non-relationship between the parties within the degree of prohibition, and Passport size photos.
FAQ:
HOW CAN A WOMEN FILE DOMESTIC VIOLENCE COMPLAINT?
Aggrived Person can approch to the following authroities with a details written complaint with detailed past incidents:
• Nearest Police Station Where the police will appoint a for your help and the Protection Officer of the district who will be able to help you out further.
• National/State Commission for Women and nearby Crime against Women Cell (CAW Cell)
if you are not satisfied with the above authorities further you can approach to the court of magistrate of mahila court to file a APPLICATION UNDER SECTION 12 READ WITH SECTIONS 18, 19,
20, AND 22 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 for taking strict action against accused and benefits prescribed under this law and also SEEK ORDERS FOR PROTECTION, RESIDENCE, AND
MONETARY RELIEF TO THE COMPLAINANT AND HER CHILD
separately you can file a complaint/FIR in other provisions of law i.e. Section 498A of the Indian Penal Code presently in Section 84 of Bharatiya Nyaya Sanhita & the Dowry Prohibition Act 1961
How a women get maintenance from Her Husband subject to cruelty?
Anyone can claim maintenance under section 144 Bharatiya Nagarik Suraksha Sanhita, 2023. it applies to married and divorced women, including Muslim women. It states that if someone with sufficient means refuses or neglects to maintain their wife, child, or minor child who is unable to maintain themselves
A woman also SEEK ORDERS FOR PROTECTION, RESIDENCE, ANDMONETARY RELIEF TO THE HERSELF AND HER CHILD in THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Section 24 of the HMA allows a financially dependent spouse to request financial support while a legal case is ongoing. The court may order the other spouse to pay for the costs of the proceedings, including legal fees and court costs. The court may also order the respondent to pay the petitioner a monthly sum while the proceedings are ongoing. The court considers factors such as the income, conduct, and needs of the parties involved when determining the amount. and after Permanent maintenance under Section 25 of the HMA allows either spouse to claim permanent maintenance after the disposal of proceedings for a separation or divorce. Permanent maintenance can be granted in the form of a gross sum or monthly sum for a term that doesn't exceed the applicant's lifetime or until they remarry. The court considers factors such as the economic position and status of the parties, their reasonable wants and needs, and their dependence on each other when determining the amount of maintenance
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