Family law in India is not contained in a single code. Different statutes apply according to the parties' personal law, and several remedies — divorce, maintenance, custody, protection from domestic violence — may run in different forums at the same time.
This overview maps the subject so that a reader can identify which proceeding decides what. It is educational material and does not address any individual case.
Contents
- Sources of family law in India
- Marriage: conditions, registration and validity
- Judicial separation and divorce
- Divorce by mutual consent
- Maintenance: the different provisions
- Custody and guardianship of children
- Forums and jurisdiction
Key concepts
- Judicial separation
- A decree relieving parties of the obligation to cohabit while the marriage subsists.
- Divorce by mutual consent
- Dissolution where both parties agree, subject to statutory conditions including separate living and a statutory interval.
- Maintenance
- Financial support claimable under more than one statute; the provisions differ in scope, forum and speed.
- Custody
- A decision about the child's care and residence, governed by the welfare of the child rather than by the preferences of either parent.
- Guardianship
- The legal authority to take decisions for a minor and to deal with the minor's property.
Topics covered
- Which personal law statute applies
- Grounds recognised for dissolution of marriage
- Interim and final maintenance
- Welfare principle in custody matters
- Concurrent proceedings and how they interact
These notes are educational material prepared for general understanding of legal principles. They are not legal advice, are not exhaustive, and must not be relied upon in place of professional advice on a specific matter.