Hindu Marriage Act1955
Marriage and divorce regime for Hindus, Buddhists, Jains, Sikhs.
Practice area · Indian legal practice
Family Law
Hindu Marriage Act, Special Marriage Act, Muslim, Christian — divorce, custody, maintenance.
Family law in India is jurisdiction-personal — different statutes apply by religion, with the Special Marriage Act 1954 as the secular regime. Practice covers divorce, restitution, custody, maintenance, succession, adoption, and guardianship.
Key statutes
Special Marriage Act1954
Secular marriage regime; available across religions.
Muslim Personal Law (Shariat) Application Act1937
Marriage, divorce, succession for Muslims.
Indian Divorce Act1869
Christian marriage and divorce.
Hindu Succession Act1956
Intestate and testamentary succession for Hindus.
Indian Succession Act1925
Christian and Parsi succession; testate Hindu succession in some respects.
Hindu Minority and Guardianship Act1956
Custody and guardianship.
Family Courts Act1984
Establishes Family Courts in cities with population thresholds.
Protection of Women from Domestic Violence Act2005
Civil-remedy regime alongside criminal law.
Primary forums
- Family Courts (where established)
- Civil Courts / District Courts (where no Family Court is constituted)
- High Court — appeals and writ jurisdiction
- Supreme Court of India
- Magistrate Courts — for DV Act applications and Section 125 CrPC maintenance
Common matters
- Divorce petitions on contested or mutual-consent grounds
- Restitution of conjugal rights
- Custody and visitation under the Guardians and Wards Act
- Maintenance under Section 125 CrPC, Section 24 HMA, or DV Act
- Domestic Violence Act applications
- Succession certificate and probate proceedings
- Adoption petitions
Limitation periods
Most family-law applications have no fixed limitation. Appeals under HMA Section 28 must be filed within 90 days. Maintenance applications under Section 125 CrPC have no formal limitation but undue delay may be a bar.
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