India has family laws which cover issues like marriage, divorce and inheritance that are rooted in religious texts yet flexible enough to meet modern demands.
The Hindu Marriage Act of 1955 prohibits polygamy and provides conditions for valid unions. Furthermore, this Act gives daughters their share of ancestral property–an important step towards gender equality.
Marriage
India is governed by the Hindu Marriage Act of 1955. This act modifies and codifies Sastrik Law while also creating new divorce and separation laws as well as setting minimum age requirements and parental consent policies for marriages in India.
The act also prohibits bigamy, the practice of marrying multiple times simultaneously, as well as states that any child born during an ongoing valid marriage between man and wife are considered their legitimate offspring.
Indian courts have been increasingly progressive when it comes to family laws and have even acknowledged common-law relationships. In Dhannulal v Ganeshram, for instance, the court recognised a 50-year live-in relationship as equivalent to marriage with all rights and benefits associated with being married; this decision marked an important step towards equality for cohabiting couples but such cases remain extremely rare as courts usually only recognize such relationships when there is clear and convincing evidence of long-term commitment from both partners involved.
Divorce
Family law applies beyond marriage and divorce proceedings to cover adoption and guardianship – two aspects which protect children regardless of religion or background within families.
Hindu law’s Marriage Act stipulates that a husband can divorce his wife on grounds of adultery or cruelty; further, polygamy is prohibited and there is an affirmative right to divorce.
As per this law, if a person renounces this world and leaves his marriage behind, his wife can legally request a divorce as they have effectively died according to legal definition.
Other causes for divorce can include mental illness and incarceration. Under the act, procedures for filing divorce petitions and recording statements from spouses as well as waiting time periods between filing petitions and decree granting can be found here. Alternatively, couples can file for judicial separation which acts similarly but only applies if one partner can prove they can no longer live together.
Maintenance
Under Indian law, maintenance refers to payments made by one partner to ensure their other spouse has food, shelter and income for daily expenses such as groceries or housing costs. This payment is determined by court after analyzing each spouse’s financial capacities; thus making maintenance both an essential aspect of marriage law as well as divorce law in India.
Manoj, a family lawyer, states that most women marry young and are expected to take on all aspects of housework and care without receiving compensation in return. After they decide to separate, however, it becomes essential that they receive basic support so they may continue living a dignified life with their children or parents.
The Hindu Adoption and Maintenance Act of 1956 states that husbands are legally obliged to provide maintenance for their wife, children and parents if they cannot fend for themselves; this obligation includes supporting any illegitimate offspring that might exist. Interim maintenance can be provided during divorce proceedings while permanent maintenance will be awarded following completion.
Inheritance
Indian law defines inheritance as the right to one’s property upon their death, whether through will (testamentary succession) or laws of intestate succession. Testamentary succession provides legal ownership rights to beneficiaries while protecting their interests and should always be preferred over laws of intestate succession.
Under Hindu law, a son can claim his father’s property and an equal share of any ancestral assets; similarly daughters inherit equal shares from both parents. A widow does not inherit their husband’s self-acquired or ancestral assets.
Revansiddappa vs Mallikarjuna was decided in 2008, providing some hope to women seeking equality when it comes to inheritance rights; yet much still needs to be done in this area.