FAMILY AND PERSONAL LAW
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Family & Personal Law
India has unity in diversity among the citizen and this is an ocean of culture and religion. Family law is the law that deals with the legal issues that arise in families or other personal relationships such as Marriage, Adoption, Divorce, Child Custody, Maintenance, Guardianship, Partition, and Parental Responsibility. Family law is primarily concerned with the rules of the formation of the family and of the rights and obligations arising out of relationship in the family. The law of marriage, guardianship, and adoption relate to the formation of the family. The law of partition and inheritance govern rights arising out of relationship in the family. The Indian Family law is concerned with the personal laws of different religion .The family matters such as marriage, adoption, guardianship, divorce, maintenance, partition; succession, inheritance etc. are governed by personal laws of each religion.
In India different religions like Hindu, Muslim, Christian, and Parsi etc. are governed by their own personal law as Hindu law (Hindu law acts 1955-56), Muslim law (Muslim personal laws (Shariat) application act 1937), Christian law, Parsi law (Parsi marriage and divorce act 1936), respectively.
Nature of Disputes
In Family and Personal laws there are various kinds of disputes arisen among the people inside or outside of the house. Nature of disputes is described below:
Nature of Disputes
Marriage
- Hindu Marriage Act 1955
- Essentials of Valid Marriage
- Ceremonies of Hindu Marriage
- Registration of marriage
- Restitution of Conjugal Rights
- Judicial Separation
- Nullity of Marriage Divorce
- Punishment for Matrimonial Offence
Maintenance
- Maintenance of Wife
- Maintenance of Widowed Daughter-in-Law
- Maintenance of Children and aged parents
- Maintenance of Dependents
- Amount of Maintenance
Debts
- Liability to pay debt
- Pious obligation of son
- Avyavaharika (Immoral) debt)
- Antecedent debt
- Time barred debt
- Surety-ship debt
- Rules of Damdupat
Minority & Guardianship
- Natural Guardians & their powers
- Testamentary Guardians and their powers
Partition
- Division of Property on Partition
- Person entitled to a share on partition
- Mode of partition
- Re-opening of partition
- Re- Union
- Person entitled to partition under Dhayabhag Law
Miscellaneous Topics
- Woman’s property
- Gifts
- Wills and Codicils
Islamic /Muslim law
- Marriage/Nikah
- Essentials of Valid Marriage
- Kinds of Marriage
- Iddat
- Valid Retirement
- Muta (Temporary Marriage)
- Restitution of Conjugal Rights
Parentage
- Presumption of Legitamacy
- Acknowledgement of Paternity
- Adoption and Acknowledgement
Nature of Disputes
Adoption
- Requirements of Vaild Adoption
- Capacity to take in Adoption
- Capacity to give in Adoption
- Persons who may be adopted
- Ceremonies and Simultaneous adoption
- Effects of Adoption
- Rights of Adoptive Parents to dispose of properties
Joint Hindu Family
- Mitakshra Joint Family
- Hindu Coparcenar
- Classification of property
- Alienation of Coparcenary property
- Coparceners and Coparcenary
- property under Dayabhaga Law
Alienation
- Alienation of Coparcenary property
- Alienation by Father
- Alienation by sole surviving coparcener
- Alienation by Manager of Coparcenary Property
- Coparcener’s power of Alienations
- Coparcener’s Right to challenge Alienations
- Alieene’s Right and Remedies
- Coparceners and Coparcenary
- property under Dayabhaga Law
Marumakkathayam Law
- Partition
- Namboodiri Law
Succesion
- The Hindu Succession Act, 1956
- Intestate succession
- Succession to Property of Hindu Male
- Succession to property of a Hindu Female
- General rules of Succession
- Testamentary succession
Dower / Mahar
- Specified and Proper Dower
- Wife’s Rights and Remedies on Non-Payment of Dower
Divorce
- Divorce by Husband (Talak)
- Divorce by Wife (Tafweez)
- Divorce by Mutual Consent (Khula or Mubaraat)
- Divorce Under the Dissolution of Muslim Marriage Act, 1939
- Effect of Conversion to another religion
Minority & Guardianship
- Guardianship of the Persons/Custody
- Guardianship of the Property of Minor
- Guardianship in Marriage
Our services
Preach Law LLP handling a range of criminal and civil litigation cases with an expertise and well professional counsel of their core specialization area. The team advises and assists clients on
- The Civil Procedure Code, 1908
- The Criminal Procedure Code. 1973
- Succession Act, 1925
- Hindu marriage Act, 1955
- Hindu Adoption and maintenance Act, 1956
- Christian Marriages Act, 1872
- Marriage Validation Act, 1892
- Muslim women (protection of Rights on Divorce) Act, 1986
- Relating to Divorce, dissolution of Christian, Muslim & foreign marriages.
- Relating to Guardians and wards Act.
- Matters relating to Hindu adoption and maintenance Act.
- Matters relating to Special Marriage Act, 1954
- Foreign marriages Act, 1955
- Dowry prohibition Act, 1961
- Child marriage restraint Act, 1929.
- Divorce Act, 1869
- The Protection of Women from Domestic Violence Act, 2005
- Estate Planning- Wills, Probate and Family Partition
- The Protection of Children from Sexual Offences Act (POCSO Act) 2012, etc.
