Essential Things About Family Law In India

Essential Things About Family Law In India India is a secular country. Here, various religions are practiced freely. The major religions include Hinduism, Islam, and Christianity. Among all the religions, marriages are solemnized as per ceremonies and religious rituals. It happens as per the code specified by statutory laws. Therefore, in India, the various laws, including marriage, divorce, and other connected issues, are governed by the laws based on their religion. Again these are all codified in most cases.

Regulatory Framework The various acts that are are in force in India are the following: • The Hindu Marriage Act 1955. • The Muslim marriage takes place under the Muslim law contract. Among the Christians, marriage is practiced as per the Indian Christian Marriage Act 1872 and the diverse act 1869. Apart from the above, there is another act practiced in India: the Parsi marriage and divorce act 1936. Additionally, the Special Marriage Act 1954 applies to all individuals across all religions. The aspect of marriage in India has been categorized as civil legislation. People across all religions, castes, and communities are free to marry under these provisions. In the event of a divorce, the provisions specified under the Special Marriage Act 1954 would take over. Children Welfare The various laws related to marriage contain certain provisions so that the welfare of children born through wedlock is ensured. A set of laws referred to as the Guardian And Wards Act 1890 has been specifically

designed to cover children's welfare. This code is complete and clearly defines the rights and liabilities of both the gorgeous and the wards. The Family Court System In India The family court act 1984 covers everything related to family courts and proceedings. The act's objective is to promote conciliation and provide quick redressal of disputes related to family affairs and marriage as per family law. The family Courts in India deal with matters related to marriage, the breakdown of marriage, and the welfare of children. These courts happen to be trial courts and are presided by additional district judges. The civil procedure code is followed, and the family proceedings are usually made public. However, it can be done in private if requested by the parties or depending on the circumstances of the case. Jurisdiction Jurisdictional laws govern all Indian matrimonial statuses. The two areas that are most relevant concerning jurisdiction are: • The place where the suit or the petition has been filed. • The court where the suit or the petition has to be filed.

Whether a court has the required jurisdiction or not depends on several factors. Please include the domicile of the parties involved, the place of the marriage solemnization, marital residence, and the residence of the respondent. However, the jurisdictional requirements are the same as the Special Marriage Act 1954. It is possible to file a divorce petition at the district court. The Special Marriage Act is not restricted to only Indians. Foreign nationals can also marry under this Act in India. Moreover, the concerned parties do not have to be domiciled in India for solemnizing the marriage under this act. As per the Indian Divorce Act 1869, a petition as per matrimonial cause can be filed in a district court under the jurisdiction of either the husband and wife currently residing or last resided. Although various courts may have the same jurisdiction, it is up to the party to decide which one to choose. Only when the jurisdiction of a court is questioned, the preference is usually given to aspects that favor its jurisdiction. If you are interested in learning more about family law in India, get in touch with us over email or phone.