Family law in India governs matters related to marriage, divorce, child custody, inheritance, and more. With diverse personal laws based on religion and changing legal precedents, many Indians face confusion about their rights and obligations. This guide answers the most pressing family law questions with expert legal insights.
1. What Are the Grounds for Divorce in India?
Under the Hindu Marriage Act (1955) and Special Marriage Act (1954), key grounds include:
- Adultery – Extramarital sexual relations
- Cruelty – Physical/mental abuse
- Desertion – Abandonment for 2+ years
- Conversion – If spouse changes religion
- Mental Disorder – Incurable mental illness
Mutual consent divorce requires 1 year separation and takes 6-18 months.
2. How is Child Custody Decided in Indian Courts?
Courts prioritize the child’s welfare considering:
- Parent’s financial stability
- Child’s preference (if age 9+)
- Parental conduct and living conditions
Mothers typically get custody of children below 5 years (tender years doctrine). Joint custody is increasingly common.
3. What Are the Alimony Laws in India?
Three types of maintenance exist:
- Interim maintenance – During pending cases
- Permanent alimony – Post-divorce settlement
- Maintenance under CrPC – For wives/children
Amount depends on spouse’s income, lifestyle, and earning capacity (typically 25-33% of net salary).
4. How Does Property Division Work in Divorce?
Indian courts divide:
- Self-acquired property – Belongs to owner
- Joint property – Divided equitably
- Streedhan – Woman’s absolute property
No automatic 50-50 split; courts consider financial contributions and needs.
5. What Are the Legal Rights of Live-in Partners?
While not equivalent to marriage, live-in relationships over 2 years grant:
- Domestic violence protection
- Child support rights
- Possible inheritance claims
Proof of cohabitation (bills, photos) is crucial for legal recognition.
6. How to Handle Interfaith Marriages Legally?
Options include:
- Special Marriage Act – 30-day notice period
- Conversion + Personal Law – One partner converts
Interfaith couples face societal challenges but have full legal protection.
7. What Are the New Adoption Laws in India?
CARA (Central Adoption Resource Authority) regulations require:
- 2-year stable marriage for couples
- Single women can adopt
- Single men cannot adopt girls
- Minimum 25-year age gap with child
Process takes 1-3 years for domestic adoptions.
8. Can NRIs File Divorce in India?
Yes, if:
- Marriage was solemnized in India
- Respondent resides in India
- Last cohabitation was in India
Foreign divorce decrees must be ratified by Indian courts.
9. What Are Grandparents’ Visitation Rights?
Under Section 8 of Hindu Minority and Guardianship Act:
- Can petition family court for access
- Must prove existing bond with child
- Subject to child’s best interests
Rights are limited compared to Western countries.
10. How to Challenge a Will in India?
Grounds for contesting include:
- Testator was of unsound mind
- Undue influence/fraud
- Invalid execution (witnesses etc.)
Must file within 12 years for Hindus (3 years under Limitation Act for others).
Conclusion
Family law matters require careful navigation of complex personal laws and evolving judicial interpretations. While this guide covers key questions, consulting a specialized family lawyer ensures your rights are fully protected in specific situations.
