In India family law does not differ from state to state. Every community is governed by one single system of law. Though its members may be settled, domiciled or. Personal Law The people of India belong to different religions and faiths. The Child Marriage Restraint Act, , from 1 October - Buy Family Law - 1 book online at best prices in India on Read Family Law - 1 book reviews & author details and more at
|Author:||Ms. Jewel Pollich|
|Published:||25 May 2015|
|PDF File Size:||22.43 Mb|
|ePub File Size:||33.56 Mb|
|Uploader:||Ms. Jewel Pollich|
As regards rights of a natural guardian, there is no doubt that father's right extends both family law 1 in india property and person. Even when mother has the custody of minor child. Father's general right of supervision and control remains.
Father can, however, appoint mother as a testamentary guardian. Thus, though mother may not be recognised as natural guardian, there is no objection to her being appointed under the father's will.
Category:Indian family law - Wikipedia
Muslim law recognises that mother's right to custody of minor children Hizanat is an absolute right. Even the father cannot deprive her of it.
Misconduct is the only condition which can deprive the mother of this right.
As regards the age at which the right of mother to custody terminates, the Shia school holds that mother's right to the Hizanat is only during the period of rearing which ends when the child completes the age of two, whereas Hanafi school extends the period family law 1 in india the minor son has reached the age of seven.
In case of girls, Shia law upholds mother's right till the girl reaches the age of seven and Hanafi school till she attains puberty.
The general law relating to guardians and wards is contained in the Guardians and Wards Act, It clearly lays down that father's right is primary and no other person can be appointed unless the father is found unfit.
This Act also provides family law 1 in india the court must take into consideration the welfare of the child while appointing a guardian under the Act. Maintenance Obligation of a husband to maintain his wife arises out of the status of the marriage.
Family law in India: overview
Right to maintenance forms a part of the personal law. Under the Code of Criminal Procedure,2 family law 1 in indiaright of maintenance extends not only to the wife and dependent children, but also to indigent parents and divorced wives.
Claims of the wife, etc. Claim of maintenance for all dependent persons was limited to Rs. Inclusion of the right of maintenance under the Code of Criminal Procedure has the advantage of making the remedy both speedy and cheap.
However, divorced wives who have received money payable under the customary personal law are not entitled to claim maintenance under the Code of Criminal Procedure. Under Hindu Law, the wife has an absolute right to claim maintenance from her husband.
Family Laws in India Article - Legal Articles in India
But she loses her right if she deviates from the path of chastity. Her right to maintenance is codified in the Hindu Adoptions and Maintenance Act, In assessing the amount of maintenance, the court takes into account various factors like position and liabilities of the family law 1 in india.
It also judges whether the wife is justified in living apart from husband. Justifiable reasons are spelt out in the Act.
Family Law in India
Maintenance pendente lite pending the suit and even expenses of a matrimonial suit will be borne by either, husband or wife, if the other spouse has no independent income for his or her support. The same principle will govern payment of permanent maintenance.
Under the Muslim Law, the Muslim Women Family law 1 in india of Rights on Divorce Act, protects rights of Muslim women who have been divorced by or have obtained divorce from their husbands and provides for matters connected therewith or incidental thereto.
This Act, inter alia, provides that a divorced Muslim woman shall be entitled to: In addition, the Act also provides that where a divorced Muslim woman is unable to maintain herself after the period of iddat, the magistrate shall order directing such of her relatives as would be entitled to inherit her property on her death according to the Muslim Law and to pay such reasonable and fair maintenance to her as he may determine fit and proper, having regard to the needs of the divorced woman, standard of life enjoyed by her during her marriage and means of such relatives and such maintenance shall be payable by such relatives in proportion to the size of their inheritance of her property and at such periods as he may specify in his order.
Where such divorced woman has children, the magistrate shall order only such children to pay maintenance to her and in the event of family law 1 in india such children being unable to pay such maintenance, the magistrate shall order parents of such divorced woman to pay maintenance to her.