1. Marriage Laws

In India, marriage is considered both a religious and a social institution. There are separate marriage laws for different religions. The Hindu Marriage Act of 1955 applies to Hindus, Buddhists, Jains, and Sikhs and includes regulations governing marriage validity, divorce, separation, and registration. Muslim marriage rules are founded on Shariat, with Nikah serving as a social contract that encompasses notions such as Mehr, Talaq, Khula, and Faskh. The Indian Christian Marriage Act, 1872, relates to Christians and requires that marriages be solemnised. Matrimonial matters for Parsis are governed by the Parsi Marriage and Divorce Act of 1936. For interfaith or secular marriages, the Special Marriage Act of 1954 applies, which requires registration and a 30-day notice before the marriage.

2. Divorce & Judicial Separation

Each matrimonial law in India specifies the reasons for divorce, which include cruelty, adultery, impotence, mental disease, or persistent separation. The Special Marriage Act enables people of any religion to seek divorce in a secular manner. Divorce proceedings involve judicial intervention, maintenance, child custody, and property distribution, which ensure that all parties’ rights and interests are fairly preserved.

3. Child Custody & Guardianship Laws

Guardianship laws are critical for protecting a child’s safety and well-being. Under the Hindu Minority and Guardianship Act of 1956, the father is considered the natural guardian, although the court may appoint another guardian if it is in the child’s best interests. Under Muslim law, the mother has custody rights (Hizanat) over small children, but the father has legal guardianship. For Christians and Parsis, the Guardians and Wards Act of 1890 applies. The Hindu Adoption and Maintenance Act of 1956 permits only Hindus to adopt legally. Others do not recognise adoption under personal law, but the Juvenile Justice (Care and Protection of Children) Act of 2015 establishes a secular procedure for adoption.

4. Maintenance Laws

The right to maintenance is guaranteed by law to married or divorced women, children, and elderly parents. A wife, widow, minor child, and parents are all eligible to receive maintenance under the Hindu Adoption and Maintenance Act of 1956. Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), women, children, and elderly parents of all religions can seek maintenance from the court. For Muslim women, the Muslim Women (Protection of Rights on Divorce) Act of 1986 applies, which allows for maintenance during the iddat period and in certain other instances following divorce.

5. Inheritance & Succession

In India, inheritance is heavily influenced by religion and personal rules. Daughters had restricted rights to family property under the Hindu Succession Act of 1956, but a modification in 2005 accorded them equal coparcenary rights as boys, regardless of whether their father was alive at the time. Muslim inheritance follows Shariat, with men often receiving twice as much as daughters, and up to one-third of property can be transferred through a will. The Indian Succession Act of 1925 pertains to Christians, Parsis, and people married under the Special Marriage Act, assuring equal inheritance rights and governing wills and legal heirs.

6. Domestic Violence Law

The Protection of Women from Domestic Violence Act of 2005 was designed to safeguard women from physical, mental, economic, or sexual violence in their homes.  This statute allows a married woman, an engaged woman, or a woman in a live-in relationship to seek court protection. The Act grants victims rights such as residence, protection orders, child custody arrangements, and restraining orders against their abusers.

7. Elder Law – Parents’ Rights

The Maintenance and Welfare of Parents and Senior Citizens Act of 2007 requires children to financially support their ageing parents. Parents can apply to a tribunal for monthly maintenance. The Act also covers residential institutions, healthcare, and welfare programs for the elderly.