Family Law (brief introduction)

Last updated: September 25, 2025 Type: Article

Family law is the area of law that regulates legal matters related to family relationships. It addresses rights, responsibilities, and conflicts among couples, parents, offspring, and other family members

1. Hindu Laws (apply to Hindus, Buddhists, Jains, Sikhs)

Hindu Marriage Act, 1955 (PDF of the act)
Hindu Succession Act, 1956 (PDF of the act)
Hindu Minority and Guardianship Act, 1956 (PDF of the act)
Hindu Adoptions and Maintenance Act, 1956 (PDF of the act)

2. Muslim Laws

Muslim Personal Law (Shariat) Application Act, 1937 (PDF of the act)
Dissolution of Muslim Marriages Act, 1939 (PDF of the act)
Muslim Women (Protection of Rights on Divorce) Act, 1986 (PDF of the act)
Guardians and Wards Act, 1890 (secular, but often used in custody cases) (PDF of the act)

3. Christian Laws

Indian Christian Marriage Act, 1872 (PDF of the act)
Divorce Act, 1869 (PDF of the act)

4. Parsi Laws

Parsi Marriage and Divorce Act, 1936 (PDF of the act)

5. Secular/Common Laws (apply to everyone)

Special Marriage Act, 1954 (inter-faith or civil marriage) (PDF of the act)
Guardians and Wards Act, 1890 (PDF of the act)
Juvenile Justice (Care and Protection of Children) Act, 2015 (for adoption, child welfare) (PDF of the act)
Protection of Women from Domestic Violence Act, 2005 (PDF of the act)
Maintenance under Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing CrPC Section 125) (PDF of the act)

FAQs on Family Law

Q1. What is family law?: It is the branch of law dealing with marriage, divorce, maintenance, custody, adoption, inheritance, and domestic relations.
Q2. Does family law apply to everyone in the same way?: No. India follows personal laws based on religion (Hindu, Muslim, Christian, Parsi) and also has secular laws like the Special Marriage Act.
Q3. Which law applies to inter-religion marriages?: The Special Marriage Act, 1954.
Q4. Who can adopt a child legally?: Hindus under the Hindu Adoptions and Maintenance Act, 1956, and others through the Juvenile Justice Act, 2015.
Q5. Can Muslim women seek divorce?: Yes, under the Dissolution of Muslim Marriages Act, 1939.
Q6. What is Stridhan?: A woman's own property received before, during, or after marriage. She has absolute rights over it.
Q7. Is a live-in relationship covered under family law?: Yes, protection is available under the Domestic Violence Act, 2005.
Q8. Who decides child custody after divorce?: The court, under the Guardians and Wards Act, 1890, is based on the child's best interest.
Q9. Can grandparents seek custody of a child?: Yes, if parents are unfit or unavailable.
Q10. Do women have equal rights in property?: Yes, under the Hindu Succession Act, 1956, daughters have equal coparcenary rights.
Q11. Can a Christian woman file for divorce?: Yes, under the Divorce Act, 1869.
Q12. Is domestic violence only physical abuse?: No, it includes emotional, sexual, verbal, and economic abuse under the DV Act, 2005.
Q13. Can maintenance be claimed without divorce?: Yes, under BNSS, 2023 (Sec. 144, replacing old CrPC Sec. 125).
Q14. Can a Hindu man marry again during the lifetime of his wife?: No, it is punishable under the Hindu Marriage Act, 1955.
Q15. Can property be inherited without a will?: Yes, succession laws decide who gets the property.
Q16. Are personal laws uniform in India?: No, they vary by religion.
Q17. Can Parsi couples get divorced?: Yes, under the Parsi Marriage and Divorce Act, 1936.
Q18. Can same-sex couples marry under Indian family law?: No, current marriage laws do not recognize same-sex marriages.
Q19. Is adoption allowed under Muslim law?: Muslim law recognizes guardianship, not adoption, but adoption is possible under the Juvenile Justice Act, 2015.
Q20. Can family disputes be settled outside court?: Yes, through mediation and family courts under the Family Courts Act, 1984.