Adcovate Harshika Pareek
Email :- adcovateharshikapareek@gmail.com
Phone Number :-7413021870 , 6376 014 929
Address-: 502, 5th Floor, Mahima Trinity Mall, Sodala, Jaipur Pin - 302019

Advocate Harshika Pareek

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1. Marriage

India has diverse laws for marriage, depending on religion:

  • Hindu Marriage Act, 1955: Governs Hindus, Buddhists, Jains, and Sikhs. Marriage is considered a sacrament, not just a contract. Conditions include age, mental capacity, and consent.

  • Muslim Personal Law (Shariat) Application Act, 1937: Governs Muslim marriages, where it is considered a contract. Consent and a dower (mehr) are essential.

  • Christian Marriage Act, 1872 & Indian Divorce Act, 1869: Governs marriages of Christians in India.

  • Parsi Marriage and Divorce Act, 1936: Governs Parsis (Zoroastrians) and their marital laws.

  • Special Marriage Act, 1954: Provides for civil marriages between individuals of different religions or outside religious marriage laws. This act applies to all citizens irrespective of religion.

2. Divorce

The grounds for divorce also vary according to religion:

  • Hindus: The Hindu Marriage Act provides grounds for divorce, including adultery, cruelty, desertion, conversion to another religion, unsound mind, and irretrievable breakdown of marriage.

  • Muslims: Divorce is governed by personal laws. A Muslim man can initiate a divorce (Talaq), but post-2019, instant triple Talaq has been declared unconstitutional. Muslim women can seek divorce through the Dissolution of Muslim Marriages Act, 1939.

  • Christians: Under the Indian Divorce Act, grounds include adultery, cruelty, desertion, or conversion.

  • Parsis: The Parsi Marriage and Divorce Act, 1936, outlines the grounds for divorce similar to other laws, such as adultery and cruelty.

  • Special Marriage Act: Provides for divorce on grounds of cruelty, adultery, desertion, unsound mind, and irretrievable breakdown of marriage.

3. Maintenance and Alimony

Maintenance (financial support) for spouses post-divorce is covered under various laws:

  • Hindus: The Hindu Marriage Act and Section 125 of the Code of Criminal Procedure (CrPC) allow both men and women to claim maintenance.

  • Muslims: The Muslim Women (Protection of Rights on Divorce) Act, 1986, governs maintenance, limiting the husband’s obligation to the iddat period (3 months) post-divorce, but women can claim more under CrPC if they cannot support themselves.

  • Christians and Parsis: They can claim maintenance under their respective marriage acts.

  • Special Marriage Act: Maintenance is granted similarly, depending on the spouse’s financial status.

4. Child Custody and Guardianship

  • Hindus: Governed by the Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890. The welfare of the child is paramount, and custody usually goes to the mother unless deemed otherwise.

  • Muslims: Custody laws favor the mother for younger children, but the father is the natural guardian. Welfare of the child is still the main consideration.

  • Christians and Parsis: Governed by the Guardians and Wards Act, where the child’s welfare is prioritized.

5. Inheritance and Succession

Inheritance laws vary significantly between religions:

  • Hindus: Governed by the Hindu Succession Act, 1956. It applies to Hindus, Buddhists, Jains, and Sikhs. Women have equal rights to inherit property.

  • Muslims: Governed by Muslim Personal Law, based on Sharia, with different rules for Sunnis and Shias. Women typically inherit half of what men do.

  • Christians and Parsis: Governed by the Indian Succession Act, 1925. Christians give equal inheritance rights to male and female heirs.

6. Adoption

  • Hindus: Governed by the Hindu Adoption and Maintenance Act, 1956, which allows both men and women to adopt a child.

  • Muslims, Christians, and Parsis: Personal laws do not recognize formal adoption. They often resort to the Guardians and Wards Act, 1890, which provides guardianship, not legal adoption.

7. Domestic Violence

The Protection of Women from Domestic Violence Act, 2005 provides civil remedies to women facing domestic abuse, including physical, emotional, sexual, and economic abuse. It applies to all religions.

8. Dowry and Prohibition

The Dowry Prohibition Act, 1961 criminalizes giving or receiving dowry, applicable to all citizens irrespective of religion.

9. Adoption and Guardianship

The Juvenile Justice (Care and Protection of Children) Act, 2015 allows adoption for any citizen, regardless of religion, as an alternative to personal laws.

10. Recent Reforms

The Indian legal system has seen significant reforms, such as:

  • The abolition of triple Talaq (Talaq-e-Biddat) through the Muslim Women (Protection of Rights on Marriage) Act, 2019.

  • Discussions around the Uniform Civil Code (UCC), which seeks to replace religious personal laws with a common set of laws for all citizens.

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