India has several laws which govern family matters and aim to promote equality and eliminate bias within society.
Indian Marriage Act helps prevent child marriage by requiring parents to register their union and prohibiting bigamy by mandating that all marriages be monogamous. Furthermore, adoption laws ensure adopted children do not become slaves under their adoptive parents.
Marriage
India’s marriage laws are governed by family law. This encompasses provisions related to divorce, child custody and property rights. While laws may differ between religious groups (Hindus, Muslims, Christians and Parsis), their respective legislation all works towards protecting spouses and their offspring while helping prevent bigamy, child marriage and any forms of discrimination.
Marriage is a civil contract requiring mutual consent by both parties involved, and under Indian law can seek divorce on grounds such as cruelty, adultery, conversion to another religion, mental insanity and leprosy. A wife may also file for a divorce against her husband for venereal disease, sodomy or rape; however they cannot file within one year or due to mental abnormality.
The Family Courts Act 1984 established family courts as part of its mission to promote conciliation and mediation in divorce cases, which can help reduce conflict. These courts can be found in cities and towns with over a million inhabitants; one step up from district courts but one level below High Courts. It has several provisions which address matters related to divorce and domestic violence while also handling matters such as adoption and guardianship proceedings.
Divorce is an epidemic in Indian society, often caused by financial or emotional stressors. While courts do attempt to reconcile such disputes whenever possible, sometimes separation must occur and in such instances alimony payments may be granted by them to one or both partners.
No matter the circumstances, divorce can often be avoided with proper preparation. When considering annulment or legal separation options, be sure to speak to an experienced attorney first before making decisions about them. Divorce in India can take years for finalization; both parties need to be ready for its repercussions as this affects family units – it is therefore vitally important that both of you find an attorney you trust for their representation during this process.
Divorce
Divorce can be an emotionally trying time for both spouses and their children, yet necessary in ensuring everyone’s well-being. A family law lawyer can assist with this complex process to achieve optimal results. There may be various reasons for seeking a divorce such as adultery, abuse or mental illness; depending on your individual circumstance you may require filing a petition for legal separation or divorce proceedings.
Indian society had historically relied on traditional norms as the foundation for legal decisions. As people become more accepting of various lifestyles, traditional norms are changing to be more inclusive of men and women alike, leading to laws which promote gender equality as well as providing financial support to victims of domestic violence.
Family Courts Act, established in 1984 to expedite family disputes resolution, is one such law. This Act stipulates the establishment of family courts in each city or town with more than 1 million people in population; special staff trained to handle sensitive family matters are deployed at these courts while mediation and conciliation techniques are stressed during settlement of family-related conflicts.
Family courts can order maintenance and custody arrangements after divorce, also referred to as alimony payments from one spouse to the other after separation or dissolution of marriage. Maintenance payments may consist of either lump sum payments or periodic installments, with duration depending on each party’s incomes.
India recognizes several grounds for divorce, such as infidelity, desertion and mental cruelty as being grounds. Mental cruelty can cause severe emotional and psychological distress to its victim and is defined in India’s Penal Code as any acts that involve “physical or mental torture, deprivation of all normal rations or cruel treatment resulting in physical injuries to another.” Such behavior constitutes a serious offense which can result in jail time and fines being issued against offenders.
Maintenance
Maintenance serves the purpose of protecting dependant spouses and children from falling into destitution and vagrancy after divorce, particularly after a hearing is granted for modification of a marriage contract. Maintenance payments are legally obligatory under both personal and social laws in India such as Criminal Procedure Code Sections 125-128, Hindu Marriage Act 1955, Protection from Domestic Violence Act 2005 and Maintenance and Welfare of Parents and Senior Citizens Act 2007.
Legally speaking, maintenance refers to providing people with food, clothing and shelter essential for survival; in everyday language this typically refers to providing sustenance. Food security is an integral component of living a dignified life for every individual and therefore it is our obligation as allies to support those who cannot do it themselves.
Criminal Procedure Code Section 125 provides that wives have the right to claim maintenance payments from their husbands in a summary proceeding. This law applies equally to both Hindus and Muslims and allows wives to continue receiving maintenance even after divorce has taken place.
Indian courts have recently upheld that wives under the age of majority may seek maintenance if they meet certain criteria. A claimant must be legally married woman with valid reasons for seeking such aid, such as lack of income or illness-related incapacitation from working.
Previously, courts used to take the view that no valid reason should exist for a husband not paying maintenance to his wife. They would take into account factors like length of residency with her and whether she could earn her own living independently as well as property owned and income earned by non-claimant spouse.
The Supreme Court recently issued an opinion ruling that states a husband cannot claim that their income does not cover their obligation to maintain his wife when filing their maintenance claim, since such claims depend on her husband’s income for payment.
Child custody
Indian family law has a rich tradition of strengthening familial ties. When parents separate, however, child custody disputes often become heated battles between the parties involved. Courts will always look out for the best interests of children when making these decisions; which parent should have sole or joint legal and physical custody; when each should spend time with their children; age of the child and gender preference among parents as well as moral character maturity judgment capacity or the capacity of raising a child are all taken into consideration when making these determinations.
Traditionally, courts have accorded fathers as the primary guardian of their child and this has caused much gender bias when making custody decisions. Women must understand that when it comes to child custody decisions they are treated equally; courts consider only whether the welfare of the child comes first rather than which parent makes for better parents or mothers or fathers.
As well as custody orders, courts can grant guardianship orders to other people – for instance when parents cannot provide adequate care or when there are conflicts of interests between parent and caretakers. Any person granted guardianship must be at least 21 years old and cannot already have biological children; individuals who have taken monkhood vows are also ineligible as guardians.
Wives may qualify for maintenance payments if they can show that their husband cannot support them financially due to disability or serious illness, and courts will take into account his income and assets when determining his ability or incapacity of paying alimony payments; normally this decision is determined using a formula; who initiated the divorce is irrelevant here.