India's legal system is extremely intricate. This encompasses usages, conventions, and practices in addition to laws and regulations. Indian law is primarily divided into three categories: criminal law, religious law, and civil law. In India, "family law" refers to the wide range of laws that control matters about families, including marriage, divorce, inheritance, and so forth. Some legally enforceable rights and obligations arise when one gives the status of interpersonal interactions legal validity.
In India, there are five varieties of family law.
The most ancient and commonly applied family law in India is Hindu law. Its foundation is found in sacred Hindu texts like the Manusmriti, the Bhagavad Gita, the Vedas, and the Upanishads.
Muslim law: The cornerstones of Muslim law in India are the Quran and Hadith.
Christian law: Christian family law in India is based on the Bible.
Parsi law: Zoroastrian texts serve as the foundation for the Parsee legal system.
1954's Special Marriage Act.
Indian Hindu family law
One of the oldest legal systems in the world is Hindu family law, found in India. In India, it still plays a big part in deciding family law. Different people due to its religious foundation may interpret Hindu law differently.
Thus, it can be challenging to update or modify Hindu law. However, Indian Hindu family law is sufficiently adaptable to suit various kinds of households. The Hindu Marriage Act, of 1955, applied to Sikhs, Jains, Buddhists, and Hindus. In cases of abuse, infidelity, desertion, or conversion to a different religion, a husband may legally seek divorce from his wife, and vice versa.
Under Indian Hindu Family Law, Maintenance and Divorce
Divorce is the process of dissolving a marriage. A couple or one of the parties may seek legal advice from a divorce attorney and file for divorce if they believe that bigamy, adultery, desertion, or other reasons specified in the Act are the reasons why their marriage has ended.
If one partner suffers from a mental illness, an STD, or leprosy, the spouse may file for divorce on specific grounds.
Hindu family law in India gives the woman the absolute right to ask her husband for maintenance. But if she goes off the straight and narrow, she loses that privilege.
Indian Muslim Family Law
India's family law comes from Islamic law. The foundation of Islamic law, also referred to as Shariat law, is Islam. Islam talks about inheritance, divorce, marriage, and child custody.
The Act for the Application of Muslim Personal Law (Shariat) was passed in 1937. Under the Dissolution of Muslim Marriages Act of 1939, a wife may petition for divorce from her husband if, among other things, he hasn't communicated with her for four years, hasn't provided for her for two years, has served more than seven years in prison, or hasn't carried out his end of the marriage for the previous three years.
Indian Christian Family Law
In India, the Christian Divorce Act of 1869 established family law for Christians. As a result of this behavior, a Christian husband may file for divorce from his wife due to adultery.
She is entitled to divorce from her spouse if he has an adulterous relationship. The 1869 Indian Divorce Act covered all Indians, regardless of religion.
This statute allows a husband to divorce his wife for adultery, abuse, desertion, or conversion to a different religion. Likewise, a wife may file for divorce from her husband due to adultery, mistreatment, or abandonment.
Indian Parsi family law
The Parsi Marriage and Divorce Act of 1936 granted the wife maintenance in the form of both permanent and pendente lite alimony.
A judge's maximum alimony award during a legal dispute between spouses is one-fifth of the husband's net income.
When assessing the appropriate amount of permanent maintenance, the court will consider the husband's financial capacity, the wife's assets, and the actions of both parties. For the duration that the wife is chaste and single, the injunction will be in effect.
1954's Special Marriage Act
While many view marriage as an extremely religious and ceremonial event, some choose to get married in a way that is not constrained by religious laws.
This is particularly true in cases of inter-caste or inter-religious marriage, where it makes more sense to adhere to religious laws and get married legally rather than converting to obtain a legally recognized marriage under statutes based on one's religion.
Conclusion -
That there are family laws according to the religions and customs followed in India, India is a secular country where people live together and all religions get respect and protection from the constitution of India as well as per the preamble it declares India to be a Sovereign Socialist Secular Democratic Republic committed to Justice, Equality and Liberty for the people.
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