About-Banner

Family Law & Settlement

Under the Indian Laws the purview of family law covers the following areas

1. Marriage

2. Divorce

3. Guardianship

4. Adoption

5. Inheritance

Marriages in India are governed by the personal laws of its citizens. Hence the procedure of Marriage may differ from one religion to the other. In India monogamy is the recognized form of marriage except in the case of Muslims where polygamy is accepted. For more details on Marriages please check our article on Marriage under the key Legal Awareness.

Divorce in India is also governed by personal laws of citizens. Hence the procedure for divorce differs from one religion to the other. In most cases divorce has to be granted by the court having jurisdiction to grant divorce. However in the case of Muslim Marriages divorce can be given by merely uttering the words “Talak,Talak,Talak” however, in such a case the divorce has to be recorded in the Talaknama kept by the local Qazi in his record.

Guardianship is also governed by the personal law ofcitizens. However, the provision of the Guardians and Wards Act 1890 are applicable to the entire country and governs matters relating to minors of all communities specially pertaining to guardianship for such minors.

Similarly Adoption is governed by the personal laws for further details please read the article on Adoption under Legal Awareness.

Inheritance issues are covered by the Indian Succession Act. However each community is governed by the personal laws of succession. For further details please read the article on Wills under Legal Awareness.