Family Law

It may be pertinent to point out that the Indian Succession Act, 1925, is an Act to consolidate the law applicable to intestate and testamentary succession in India unless parties opt out and choose to be governed by their respective codified law otherwise applicable to them. In respect of issues relating to guardianship, the Guardian and Wards Act, 1890 would apply to non- Hindus. Interestingly, Section 125 of the Code of Criminal Procedure 1973, provides that

irrespective of religion, any person belonging to any religion can approach a Magistrate to request maintenance. Therefore, apart from personal family law legislations, both Hindus and non-Hindus have an independent right of maintenance under the general law of the land, if he or she is otherwise entitled to maintenance under this Code.

The Indian Parliament also enacted the Special Marriage Act, 1954, as an Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorces under this Act. This enactment of solemnizing marriage by registration is resorted to by Hindus, non-Hindus and foreigners marrying in India who opt out of the ceremonial marriage under their respective personal laws. Registration is compulsory under this enactment. Divorce can also be obtained by non-Hindus under this Act. This legislation governs people of all religions and communities in India, irrespective of their personal faith. Likewise, under the Foreign Marriage Act, 1969, a person has only to be a citizen of India to have a marriage solemnized under this Act outside the territorial limits of India.

The Parsi Marriage and Divorce Act, 1936 as amended in 1988, is an Act to amend the law relating to marriage and divorce among the Parsis in India.

The Christian Marriage Act, 1872, was enacted as an Act to consolidate