FAMILY LAW
OVERVIEW
Family law in India is primarily governed by personal laws that vary by religion, alongside certain secular statutes that apply across communities. For Hindus, Buddhists, Sikhs, and Jains, marriage and divorce are governed by the Hindu Marriage Act, 1955, which recognizes divorce on fault-based grounds — including cruelty, desertion for a continuous period of two years, adultery, conversion, mental disorder, and communicable disease — as well as divorce by mutual consent under Section 13B, which requires a minimum one-year separation and a mandatory cooling-off period (which courts may waive in appropriate cases). Interfaith and civil marriages are instead governed by the Special Marriage Act, 1954, while marriages among Muslims are governed by uncodified personal law alongside the Muslim Personal Law (Shariat) Application Act, 1937, and dissolution provisions under the Dissolution of Muslim Marriages Act, 1939.
Child custody disputes are decided under the Guardians and Wards Act, 1890, and, for Hindus, the Hindu Minority and Guardianship Act, 1956, with the child’s welfare as the paramount consideration rather than the rights of either parent. Courts may grant physical custody, joint custody, or visitation rights depending on the circumstances, and can appoint a guardian ad litem to represent the child’s interests where necessary. Maintenance — the financial support one spouse or parent must provide to another — can be claimed under multiple provisions: Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced Section 125 of the CrPC) provides a fast, religion-neutral remedy available to wives, children, and parents; the Hindu Marriage Act and Hindu Adoption and Maintenance Act, 1956 provide additional grounds for Hindus; and the Protection of Women from Domestic Violence Act, 2005 allows maintenance to be claimed alongside protection orders in cases involving domestic violence.
Adoption in India follows two separate legal tracks. Hindus may adopt under the Hindu Adoption and Maintenance Act, 1956, which sets out eligibility requirements for adoptive parents and the child. For adoptions across religions, or where personal law does not provide for adoption, the process is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and administered through the Central Adoption Resource Authority (CARA), which regulates both in-country and inter-country adoptions through a structured registration and matching process.