Indian Civil Laws, legalhelplineindia.com

Indian Civil Laws:

Civil law is the largest domain of legal services in India. Civil laws in India include all types of property disputes, financial dispute matters, partitions, recovery, injunction, easement rights and several other important aspects. Even most of the criminal cases are originally civil dispute which convert into criminal cases due to sudden and overt acts of delinquency.

 

The domain of civil laws is so wide that it covers almost all types of disputes. In India the procedure of civil laws is prescribed under Code of Civil Procedure or the CPC. This prescribes the method of adjudication of the civil dispute by the courts. Besides CPC, the courts follow the Indian Evidence Act, Specific Relief Act in most of the civil disputes. Most of the commercial disputes are also civil disputes which are based on Indian Contract Act, 1872 and various other legislation related to the specific field of law. A civil lawyer has to comprehend all such legislation and then present the case on behalf of the party.

Family Laws in India:

Family laws in India are the personal laws applicable on the community and religion. The customs, practices have been adopted and enacted as the family laws which are accepted and adopted by the religious group or the community. In India there are two broad categories of family laws.

HINDU FAMILY LAWS:

Hindu Marriage Act, 1956: Relate to the method of marriage, valid and invalid marriage, age of marriage. Matrimonial disputes such as divorce, maintenance of spouse, Stridhan, Alimony etc. for the Hindus in India. It also covers Sikhs, Buddhists, Jains and all such communities described under it.

Hindu Adoptions and Maintenance Act, 1956: Deals with the law related to the adoptions of children. The process and eligibility of adoptions. The method of adoption and the issues related to it. It also deals with the maintenance of the family members of the Hindu family including the daughter, parents, wife, minor children.

Hindu Minority and Guardianship Act ,1956: Postulates the law related to minors and their guardianship.

Hindu Succession Act, 1956: It is an important law related to the succession in Hindus and the distribution of the properties of Hindu family . It determines the distribution of the estate of a deceased Hindu either by way of probate of the will or by letter of administration to be issued by the court if there is any dispute regarding the estate of the deceased person. A good Family lawyer is required to handle all such disputes in Hindu laws. 

A BRIEF OUTLINE OF DIVORCE LAWS IN INDIA

The divorce laws in India is contained in Hindu Marriage Act, 1955 and all the divorce proceedings between the Hindus are conducted in accordance with the provisions as contained under The Hindu Marriage Act, 1955. Various matrimonial disputes under The Hindu Marriage Act, 1955 are as under:

GROUNDS OF DIVORCE
A decree of divorce can be granted by the competent court on any of the following grounds:

• Voluntary sexual intercourse with any person other than his or her spouse after solemnization of the marriage.
• The petitioner has been treated with cruelty after solemnization of marriage
• The petitioner has been deserted by the other spouse for a continuous period of not less than two years immediately preceding the presentation of the petition
• The other spouse has ceased to be a Hindu by conversion to another religion
• The above four grounds are commonly referred to as adultery, cruelty, desertion, apostasy and mental disorder
• Additional grounds on which marriage can be dissolved:
• Section 13(1)(v) with its Explanation in clauses (a) and (b) takes care of cases in which one
• Spouse is suffering from mental disorder and the other is coming in for divorce on that ground
• The other party has been suffering from a virulent and incurable from of leprosy. The requirement of such disease continuing for a period not less than 3 years immediately preceding the presentation of the petition has been omitted by the Marriage Laws (Amendment) Act,68 of 1976
• The other party has been suffering from venereal disease in a communicable form. Here also the requirement of 3 years has been dispensed with the 1976 amendment
• The other party has renounced the world by entering any religious order
  

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