Family Law

Family Law focuses on issues involving family relationships. Our practice pertains to the following, among others.

The Hindu Marriage Act, 1955 

The Act came into force on May 18th, 1955. The Act intends to secure the rights of marriage for the bride and groom who are Hindu and are bound under the sacred bond of marriage under any ceremony. The law does not define any specific ceremony which is to be undertaken for marriage as there are several ways a man and a woman may carry out this religious act. The Act is applicable to any person who is Hindu, Jain, Sikh and Buddhists and is not a Muslim, Christian, Parsi or Jew and is governed by some other law. (Act available in PDF here)

 Indian Succession Act, 1925

The Act came into force on September 30th, 1925 and is applicable to the persons of various religions. It broadly deals with broadly deals with two categories of succession, viz. testamentary succession and intestate succession. In a case where there is a written ‘Will’, testamentary succession is applicable. On the other hand, when there is no will and the properties of the deceased need to be distributed as per the religious laws, intestate succession is applicable.

 Hindu Succession Act, 1956

The Act came into force on June 17th, 1956. It provides for the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs and lays down a uniform and comprehensive system of inheritance and succession into one Act.

 The Hindu Adoption and Maintenance Act, 1956 

The Act came into force on December 21st, 1956 and deals with the legal procedure of adoption of children by Hindu and other legal obligations that follow, including maintenance of children, wife, and in-laws. (Act available in PDF here)

 The Domestic Violence Act, 2005 

The Act came into force on September 13th, 2005 and provides for effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. (Act available in PDF here)

Petitions under Section 125 of the Code of Criminal Procedure, 1973 

Section 125 of the Criminal Procedure Code provides for the maintenance to the wife, child, and parents. The court after the party has invoked Section 125 of the Code, may order the husband, to maintain the wife who is unable to maintain herself by providing monthly maintenance to her. (Act available in PDF here)


Rights of Divorced Female in Property

The inforgaphic provides a birds-eye view of rights of divorced females in  property in different scenarios – In case divorced husband dies intestate; Property owned by her ‘child’;  Share in Coparcenary Property (ancestral property owned by husband’s HUF including property owned by in-laws); Property owned by the ‘husband’ in his own name; and Property of the wife in her absolute ownership; as given under various sections of the Hindu Succession Act, 1956. (Read More).