Family laws in India are the personal laws applicable on the community and religion. The customs, practices have been adopted and enacted as the family laws which are accepted and adopted by the religious group or the community. In India there are two broad categories of family laws.
Hindu Marriage Act, 1956: Relate to the method of marriage, valid and invalid marriage, age of marriage. Matrimonial disputes such as divorce, maintenance of spouse, Stridhan, Alimony etc. for the Hindus in India. It also covers Sikhs, Buddhists, Jains and all such communities described under it.
Hindu Adoptions and Maintenance Act, 1956: Deals with the law related to the adoptions of children. The process and eligibility of adoptions. The method of adoption and the issues related to it. It also deals with the maintenance of the family members of the Hindu family including the daughter, parents, wife, minor children.
Hindu Minority and Guardianship Act ,1956: Postulates the law related to minors and their guardianship.
Hindu Succession Act, 1956: It is an important law related to the succession in Hindus and the distribution of the properties of Hindu family . It determines the distribution of the estate of a deceased Hindu either by way of probate of the will or by letter of administration to be issued by the court if there is any dispute regarding the estate of the deceased person. A good Family lawyer is required to handle all such disputes in Hindu laws.
Muslims are governed by the Sharia laws as adopted under the Muslim Personal Law (Shariat) Application Act, 1937. The Muslim personal laws in India deal with marriage, succession, inheritance and charities among Muslims.
The Dissolution of Muslim Marriages Act, 1939: Is the law dealing the subject of divorce of a Muslim women .
In India Uniform Civil Code is only applicable in the state of Goa where all religions are dealt under one common code.
Indian Marriage Act, Special Marriage Act are the legislation which deal with the subjects of marriage between two religions. These laws also deal with the subjects of marriage, nature of marriage, divorce, maintenance and other related subjects of inter religion marriages. The arrangement of such family laws is a bit complex and one needs the services of a good Family lawyer to comprehend the handle the family disputes under such laws.
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