Consultation on family Matters
Introduction
India's population is made up of individuals of many religions and beliefs. Topics connected to family affairs, such as marriage, divorce, and succession, are governed by various sets of personal laws. When attorneys discuss the law, they are actually discussing two separate topics. The first type of law is legislation, which is made by the provincial and federal governments. The common law, on the other hand, is made up of the rules and ideas that courts build as they resolve case after case. The common law, as well as the common law system of justice, are discussed in this section. It also discusses how to determine whether to start a divorce or a family law case under the Divorce Act or the Family Law Act.
Personal Law
India's population is made up of individuals of many religions and beliefs. In topics connected to family affairs, such as marriage, divorce, succession, and so on, they are governed by separate sets of personal laws.
Marriage
The period of time for filing a civil recovery claim in India is restricted to 3 years from the date of explanation for action has arisen. The suit exceeding the amount of limitation won't be taken into consideration. If the suit is instituted after the expiry of the limitation period, the grounds for claiming the exemption must be stated.
Law relating to marriage and/or divorce has been codified in different enactments applicable to people of different religions. These are:
- The Converts' Marriage Dissolution Act, 1866 The Indian Divorce Act, 1869
- The Indian Christian Marriage Act, 1872 The Kasi’s Act, 1880
- The Anand Marriage Act, 1909 The Indian Succession Act, 1925
- The Child Marriage Restraint Act, 1929 The Parsi Marriage and Divorce Act, 1936
- The Hindu Marriage Act, 1955
- The Foreign Marriage Act, 1969 and
- The Muslim Women (Protection of Rights on Divorce) Act, 1986.
The Special Marriage Act of 1954 applies to all of India, save the state of Jammu and Kashmir, and to Indian residents residing in Jammu and Kashmir. Even though they are of different religious faiths, persons regulated by this Act can explicitly register marriage under the stated Act. The Act also states that a marriage that is celebrated in any other way can be registered under the Special Marriage Act if it meets the Act's standards. The words "or epilepsy" were removed from section 4(b) (iii) of the Act. Sections 36 and 38 of the Act have been changed to require that an application for alimony pendente lite or the maintenance and education of minor children be decided within 60 days of the respondent's receipt of the notice.
Adoption
Even though there is no universal legislation prohibiting adoption, it is authorized among Hindus under the Hindu Adoption and Maintenance Act of 1956 and by custom among a few numerically negligible categories of people. Adoption is an issue of personal law since it is a legal affiliation of a child. Adoption rules do not exist for Muslims, Christians, or Parsis, hence they must apply to the court under the Guardians and Wards Act of 1890. Under the stated Act, Muslims, Christians, and Parsis can only take a kid into foster care. When a kid in foster care reaches adulthood, he is free to break free from all these ties. Aside from that, such a child has no legal right to inherit. Foreigners who want to adopt Indian children must file a court application under the Act.
Succession
In 1925, the Indian Succession Act was passed. The Act's purpose was to bring together a huge number of legislations that existed at the time. Laws governing Muslim and Hindu succession were exempt from the Act's scope. Two schemes, one pertaining to succession to the property of individuals such as Indian Christians, Jews, and those married under the Special Marriage Act, 1954, and the other relating to succession rights of Parsis, were adopted when the law on succession was consolidated.
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