Best Family Matters Cases Lawyer in Faridabad

In India, family law matters are primarily governed by personal laws based on religion, along with certain secular laws that apply uniformly across communities. Below is an overview of the relevant laws:

⚖️ 1. Marriage Laws

📚 Hindu Marriage Act, 1955

• Applies to Hindus, Buddhists, Jains, and Sikhs.

• Governs marriage, divorce, restitution of conjugal rights, and judicial separation.

• Conditions for a valid marriage:

  • No living spouse from a prior marriage.

  • Both parties should be of legal age (21 for males, 18 for females).

  • Prohibition of marriages within certain degrees of prohibited relationships unless allowed by custom.

📚 Muslim Personal Law (Shariat) Application Act, 1937

• Governs marriage, divorce, maintenance, and succession for Muslims.

• Marriage is considered a contract (Nikah) and requires:

  • Free consent.

  • Proposal (Ijab) and acceptance (Qubool) in the presence of witnesses.

  • Mehr (dower) payment to the bride.

📚 Christian Marriage Act, 1872

• Governs the marriage of Christians in India.

• Marriage must be solemnized by a licensed minister or priest.

• Minimum marriageable age: 21 years for men and 18 years for women.

📚 Parsi Marriage and Divorce Act, 1936

• Governs Parsis (Zoroastrians).

• Marriage must be solemnized under the Parsi rites.

• Divorce provisions are also specified under this Act.

📚 Special Marriage Act, 1954

• A secular law allowing inter-religious and civil marriages.

• Requires 30 days’ notice to the Marriage Registrar.

• Minimum age: 21 for males, 18 for females.

⚖️ 2. Divorce and Separation Laws

📚 Hindu Marriage Act, 1955

• Grounds for divorce include:

  • Adultery, cruelty, desertion for 2 years, mental disorder, communicable diseases, conversion, etc.

  • Mutual consent divorce under Section 13B.

📚 Muslim Law

• Modes of divorce include:

  • Talaq-e-Ahsan: Single pronouncement followed by a waiting period.

  • Talaq-e-Hasan: Three pronouncements over a period of time.

  • Triple Talaq: Declared unconstitutional by the Supreme Court in 2019.

  • Khula: Divorce initiated by the wife.

  • Faskh: Dissolution by a judicial decree.

📚 Indian Divorce Act, 1869 (for Christians)

• Grounds include adultery, desertion, cruelty, and insanity.

📚 Parsi Marriage and Divorce Act, 1936

• Grounds include adultery, cruelty, desertion, and non-consummation.

📚 Special Marriage Act, 1954

• Provisions for divorce by mutual consent, cruelty, desertion, and adultery.

⚖️ 3. Maintenance and Alimony

📚 Hindu Adoption and Maintenance Act, 1956

• Obligates husbands to maintain wives during and after marriage.

• Parents, children, and dependents can also claim maintenance.

📚 Section 125 CrPC (Code of Criminal Procedure), 1973

• Provides for maintenance of wives, children, and parents, irrespective of religion.

• Enforceable through criminal court.

📚 Muslim Women (Protection of Rights on Divorce) Act, 1986

• Provides for reasonable maintenance during iddat and fair provision after divorce.

⚖️ 4. Child Custody and Guardianship

📚 Guardians and Wards Act, 1890

• Applicable to all communities for child custody and guardianship matters.

• Welfare of the child is the paramount consideration.

📚 Hindu Minority and Guardianship Act, 1956

• Governs guardianship of Hindu minors.

• Father is the natural guardian, followed by the mother.

📚 Muslim Law

• Mother usually retains custody (Hizanat) until a child reaches a certain age.

• Father is the natural guardian.

⚖️ 5. Adoption Laws

📚 Hindu Adoption and Maintenance Act, 1956

• Permits legal adoption by Hindus.

• Irrevocable once completed.

📚 Juvenile Justice (Care and Protection of Children) Act, 2015

• Allows adoption by persons from any religion.

• Provides a secular framework for adoption.

⚖️ 6. Domestic Violence and Protection

📚 Protection of Women from Domestic Violence Act, 2005 (PWDVA)

• Protects women from physical, emotional, sexual, and economic abuse.

• Provides for protection orders, residence orders, and monetary relief.

⚖️ 7. Inheritance and Succession Laws

📚 Hindu Succession Act, 1956

• Governs succession among Hindus.

• Women have equal rights to ancestral property after the 2005 amendment.

📚 Muslim Law of Inheritance

• Based on Quranic principles.

• Shares fixed for heirs.

📚 Indian Succession Act, 1925

• Governs Christians, Parsis, and others not covered by personal laws.

⚖️ 8. Child Marriage Prohibition

📚 Prohibition of Child Marriage Act, 2006

• Prohibits marriages where either party is a minor.

• Provides for annulment and criminal penalties.