REFORM OF FAMILY LAW
ABSTRACT :
India is a secular state having five kinds of Personal laws namely Hindu, Muslim,
Christian,Parsi and Jews.Legally these five branches are having their personnel laws and
applicable to the people who profess their particular religion. Eventhough before British India,
there were seperate personnel laws for Hindus and Muslims. Family law in India governs
personal relationships and domestic matters including marriage, divorce,child custody and
inheritance.
This article explains the concept of family law ,Nature, importance, and Reforms in
family law - Child marriage,Abolition of Polygamy, Prevention of Dowry System,Inter-Caste and
Inter-Religious marriage, Right to maintenance for Muslims,Adoption, Dissolution of marriage,All
marriage should be compulsory registered,Share of the women in succession.
INTRODUCTION :
The term ‘Family law ‘ is not defined under any Act.Family is relating to a
person with his wife, children and any descendants through blood or legally adopted relation in
the society in a narrow sense.In a wider sense, Family is related to religion .In India ,Family law
is divided into five schools namely Hindus, Muslims, Christians,Parsis and Jews governed that
particular family relating to family relations is called their family law.
NATURE OF FAMILY LAW :
Law is generally territorial in nature.For instance, IPC, CRPC,CPC..
are territorial laws and applicable according to territories of that state. When ‘A’ has committed a
crime in India, he is punished under this code.whether ‘A’ is an Indian or a Foreigner , there is
no discrimination of religion; Whether ‘A’ is Hindu, Muslim, Christian,Parsi or Jew . It is equally
applicable to the whole of the state.When law is applicable in the particular part of the state is
called local law.
Family law is the portion of civil law and limited to the law relating to family
only. Family law is personal in nature in India. In India, family differs from community to
community .Hindus are the major community and have their own personal law . Muslims the
largest community in India. The other minor communities such as Christians, Parsis and Jews
have their own personal law.Hindu comprises of four religions Hinduism, Jainism ,Buddhism and
Sikhism.Each of them is seperate religious denomination,but the law has been integrated so as
to be uniformly applicable to the followers of these religions.
IMPORTANCE OF FAMILY LAW :
The study of family law of all the communities helps us to know
the law of each one of them Their diversities, Similarities,affinities and paradoxes shows the
importance.By studying them we can narrow down gaps by understanding similarities and
differences.Our constitutional goal of having a uniform civil code under Article 44 may be
recognised but cannot be achieved.The Bombay High Court did not allow the petition where a
Hindu adopted a daughter in the presence of daughter or Son’s daughter under Section 11 of
, Hindu Adoption And Maintenance Act.The Court held that since the personal laws are outside
the ambit of Part- III of the Constitution.
LIMITATIONS OF FAMILY LAW :
Family law operates only in the narrow field not covered by
corresponding territorial law.In 1772, Warren Hastings enacted that in all suits regarding
inheritance, Marriage, Caste, and other religious usage of institutions,the law of quran with
respect to Muslim and law of shastras with respect to Hindus shall be invariably adhered to..As
a result of this policy ,In India at present, families of Hindus, Muslims, Christians,Parsis and
Jews are governed by their own personal laws in regard to marriage and divorce , successions,
Guardianship, Maintenance, Adoption, Partition,Gift and Wills , Religious institutions,Joint family
System….
CODIFICATION OF INDIAN FAMILY LAW :
Jewish law is the oldestaw in the world.Thereafter the
Hindu law which has its roots from the Vedic period . Christian law found its origin from the birth
of Jesus Christ from the 1st century and Muslim law found its origin from the 7th century in the
world. Before 19th century all family laws are uncodified. But in 19th and 20th century a lot of
codifications took place in the development of Personal laws.
The Codifications are (i) Hindu Widows Remarriage Act 1856 (ii) Indian Divorce Act
1869 (iii) Christian Marriage Act 1872 (iv) The Married Women's Property Act 1874 (v) Indian
Majority Act 1875 (vi) Guardian and Ward Act 1890 (vii) The Hindu Disposition of Property Act
1916 (viii) Indian Succession Act 1925 (ix) Child Marriage Restraint Act 1929 (x) Parsi Marriage
and Divorce Act 1936 (xi) Shariat Act 1937 (xii) The Dissolution of Muslim Marriage Act 1939
(xiii)The Special Marriage Act 1954 (xiv) The Hindu Marriage Act 1955 (xv) The Hindu Minority
and Guardianship Act 1956 (xvi) The Hindu Adoption and Maintenance Act 1956 (xvii) The
Hindu Succession Act 1956 (xviii) Dowry Prohibition Act 1961 (xix) Family Courts Act 1984 (xx)
Muslim Women ( Protection of Rights on Divorce Act ) 1986 (xxi) Commission of Sati
(Prevention ) Act 1987 ( xxii) Wakf Act 1955
REFORMS IN FAMILY LAW :
I. RESTRICTION ON CHILD MARRIAGE :
Child Marriage Restraint Act 1929 popularly known as
“Sharda Act “ which was named after its sponsor Rai Sahib Harbilas Sarda to the British India
Legislature in India. It was passed on 28th September 1929.It fixed the age of marriage for girls
at 14 yrs and boys at 18 yrs which was later amended to 18 for girls and 21 for boys.It ce into
effect six months later on April 1,1930 and it applies to all British India ,not just to Hindus.There
are strict Penal Provisions in case of contravention to the provisions of the Act .
Section 3 - A male above 18 yrs of age below 21 yrs contracts a child marriage shall be
punished with 15 days imprisonment or 1000/- fine or both.
Male above 21 yrs contracts a child marriage shall be punished with 3 months
imprisonment and fine .
ABSTRACT :
India is a secular state having five kinds of Personal laws namely Hindu, Muslim,
Christian,Parsi and Jews.Legally these five branches are having their personnel laws and
applicable to the people who profess their particular religion. Eventhough before British India,
there were seperate personnel laws for Hindus and Muslims. Family law in India governs
personal relationships and domestic matters including marriage, divorce,child custody and
inheritance.
This article explains the concept of family law ,Nature, importance, and Reforms in
family law - Child marriage,Abolition of Polygamy, Prevention of Dowry System,Inter-Caste and
Inter-Religious marriage, Right to maintenance for Muslims,Adoption, Dissolution of marriage,All
marriage should be compulsory registered,Share of the women in succession.
INTRODUCTION :
The term ‘Family law ‘ is not defined under any Act.Family is relating to a
person with his wife, children and any descendants through blood or legally adopted relation in
the society in a narrow sense.In a wider sense, Family is related to religion .In India ,Family law
is divided into five schools namely Hindus, Muslims, Christians,Parsis and Jews governed that
particular family relating to family relations is called their family law.
NATURE OF FAMILY LAW :
Law is generally territorial in nature.For instance, IPC, CRPC,CPC..
are territorial laws and applicable according to territories of that state. When ‘A’ has committed a
crime in India, he is punished under this code.whether ‘A’ is an Indian or a Foreigner , there is
no discrimination of religion; Whether ‘A’ is Hindu, Muslim, Christian,Parsi or Jew . It is equally
applicable to the whole of the state.When law is applicable in the particular part of the state is
called local law.
Family law is the portion of civil law and limited to the law relating to family
only. Family law is personal in nature in India. In India, family differs from community to
community .Hindus are the major community and have their own personal law . Muslims the
largest community in India. The other minor communities such as Christians, Parsis and Jews
have their own personal law.Hindu comprises of four religions Hinduism, Jainism ,Buddhism and
Sikhism.Each of them is seperate religious denomination,but the law has been integrated so as
to be uniformly applicable to the followers of these religions.
IMPORTANCE OF FAMILY LAW :
The study of family law of all the communities helps us to know
the law of each one of them Their diversities, Similarities,affinities and paradoxes shows the
importance.By studying them we can narrow down gaps by understanding similarities and
differences.Our constitutional goal of having a uniform civil code under Article 44 may be
recognised but cannot be achieved.The Bombay High Court did not allow the petition where a
Hindu adopted a daughter in the presence of daughter or Son’s daughter under Section 11 of
, Hindu Adoption And Maintenance Act.The Court held that since the personal laws are outside
the ambit of Part- III of the Constitution.
LIMITATIONS OF FAMILY LAW :
Family law operates only in the narrow field not covered by
corresponding territorial law.In 1772, Warren Hastings enacted that in all suits regarding
inheritance, Marriage, Caste, and other religious usage of institutions,the law of quran with
respect to Muslim and law of shastras with respect to Hindus shall be invariably adhered to..As
a result of this policy ,In India at present, families of Hindus, Muslims, Christians,Parsis and
Jews are governed by their own personal laws in regard to marriage and divorce , successions,
Guardianship, Maintenance, Adoption, Partition,Gift and Wills , Religious institutions,Joint family
System….
CODIFICATION OF INDIAN FAMILY LAW :
Jewish law is the oldestaw in the world.Thereafter the
Hindu law which has its roots from the Vedic period . Christian law found its origin from the birth
of Jesus Christ from the 1st century and Muslim law found its origin from the 7th century in the
world. Before 19th century all family laws are uncodified. But in 19th and 20th century a lot of
codifications took place in the development of Personal laws.
The Codifications are (i) Hindu Widows Remarriage Act 1856 (ii) Indian Divorce Act
1869 (iii) Christian Marriage Act 1872 (iv) The Married Women's Property Act 1874 (v) Indian
Majority Act 1875 (vi) Guardian and Ward Act 1890 (vii) The Hindu Disposition of Property Act
1916 (viii) Indian Succession Act 1925 (ix) Child Marriage Restraint Act 1929 (x) Parsi Marriage
and Divorce Act 1936 (xi) Shariat Act 1937 (xii) The Dissolution of Muslim Marriage Act 1939
(xiii)The Special Marriage Act 1954 (xiv) The Hindu Marriage Act 1955 (xv) The Hindu Minority
and Guardianship Act 1956 (xvi) The Hindu Adoption and Maintenance Act 1956 (xvii) The
Hindu Succession Act 1956 (xviii) Dowry Prohibition Act 1961 (xix) Family Courts Act 1984 (xx)
Muslim Women ( Protection of Rights on Divorce Act ) 1986 (xxi) Commission of Sati
(Prevention ) Act 1987 ( xxii) Wakf Act 1955
REFORMS IN FAMILY LAW :
I. RESTRICTION ON CHILD MARRIAGE :
Child Marriage Restraint Act 1929 popularly known as
“Sharda Act “ which was named after its sponsor Rai Sahib Harbilas Sarda to the British India
Legislature in India. It was passed on 28th September 1929.It fixed the age of marriage for girls
at 14 yrs and boys at 18 yrs which was later amended to 18 for girls and 21 for boys.It ce into
effect six months later on April 1,1930 and it applies to all British India ,not just to Hindus.There
are strict Penal Provisions in case of contravention to the provisions of the Act .
Section 3 - A male above 18 yrs of age below 21 yrs contracts a child marriage shall be
punished with 15 days imprisonment or 1000/- fine or both.
Male above 21 yrs contracts a child marriage shall be punished with 3 months
imprisonment and fine .
