Consult with best Family Lawyer | Rohit Choudhary

Family Law in India

Types of Family Laws in India

• Hindu Marriage Act, 1955
  This act applies to Hindus, Buddhists, Jains, and Sikhs and governs the laws related to marriage, divorce, and maintenance. It contains provisions for the registration of marriages, grounds for divorce, and maintenance for wives and children.

• Special Marriage Act, 1954
  This act applies to marriages between individuals of different religions and allows for a civil marriage ceremony. It also contains provisions for divorce, maintenance, and child custody.

• Hindu Adoption and Maintenance Act, 1956
  This act governs the laws related to the adoption and maintenance of children among Hindus. It lays down the procedures for adoption, the rights and duties of adoptive parents, and the rights of adopted children.

• Hindu Minority and Guardianship Act, 1956
  This act governs the laws related to minorities and the guardianship of children among Hindus. It lays down the rules for determining the minority and majority of a child, the rights and duties of a guardian, and the rights of a minor.

• Protection of Women from Domestic Violence Act, 2005
  This act provides protection to women from domestic violence, including physical, emotional, sexual, and economic abuse. It also lays down the procedures for obtaining protection orders and the rights and obligations of the parties involved.

• Dowry Prohibition Act, 1961
  This act prohibits the giving or taking of dowry in connection with a marriage. It also lays down the procedures for the seizure of dowry articles and the punishment for giving or taking dowry.

• Prohibition of Child Marriage Act, 2006
  This act prohibits child marriage and lays down the procedures for annulling such marriages. It also provides for punishment for anyone who performs, conducts, directs, or abets such a marriage.

These are some of the most important family laws in India. There are also other laws that govern specific aspects of family life, such as the Indian Succession Act 1925 (governing laws of inheritance) and the Guardians and Wards Act 1890 (governing laws of guardianship of minors)

Procedure to File for Family Law

• Filing a Petition
  The first step in filing for family law is to file a petition with the appropriate court. The petition should contain details of the case and the relief sought.

• Service of Summons
  Once the petition is filed, the court will issue a summons to the other party, directing them to appear in court on a specific date and time. The summons will be served on the other party, either by the court or by a process server.

• Mediation or Counseling
  Before the case proceeds to trial, the court may order the parties to attend mediation or counseling to try and resolve the matter amicably. This is mandatory in some cases like Domestic Violence, Divorce, Custody, etc.

• Evidence
  Both parties will have the opportunity to present evidence in support of their case. This may include witness statements, documentary evidence, and expert testimony.

• Final Hearing
  The final hearing is the opportunity for both parties to present their case before the court and for the court to make a decision. The judge will consider all the evidence presented and make a decision based on the law and the facts of the case.

• Appeal
  If either party is not satisfied with the decision of the court, they may file an appeal to a higher court.

  It’s important to note that the process of filing for family law in India can be complex and time-consuming, and it may require the assistance of a lawyer who is experienced in handling family law matters. It’s always advisable to seek the advice of a lawyer to guide you through the process and to ensure that your rights and interests are protected.

Duration of Family Case

For instance, in a divorce case which is mutual consent may take around six months to 1 year to be granted. A case where there is a contest could take 2-3 years to be decided.

Similarly, adoption cases can take several months to be processed, as they involve several legal and administrative procedures. Maintenance cases also can take time as they involve investigation and settlement processes.

Cases involving child custody can also be complex and time-consuming, as the court must consider the best interests of the child and may order investigations or evaluations before making a decision.

It’s important to note that the duration of a family case can also depend on the facts of the case, the evidence presented, the court’s decision, and the delay in the court process.

It’s always advisable to seek the advice of a lawyer to guide you through the process and to ensure that your rights and interests are protected, and also to be prepared for the time it takes for a family case to be resolved.

What is the Cost of Litigation in a Family Case?

The cost of a lawyer’s fees can vary widely depending on the lawyer’s experience, reputation, and location. Lawyers in large cities, such as Mumbai or Delhi, may charge higher fees than those in smaller cities or towns. Lawyers with more experience and a good reputation may also charge higher fees.

In addition to the lawyer’s fees, there are also other costs associated with litigation, such as filing fees, court fees, and costs for expert witnesses or other forms of evidence. These costs can add up, especially in complex cases.

It’s also important to note that the cost of litigation can depend on the stage of litigation. The cost can be higher if the case goes to trial as compared to mediation or negotiation.

It’s always advisable to consult with a lawyer in advance and have a clear understanding of the costs involved before proceeding with a case. Some lawyers also work on a contingency basis, where they will only be paid if the case is won, which can be an option for some people.

It’s also advisable to keep in mind that family cases are emotionally taxing, and hence it’s important to consider the emotional cost as well while taking the decision to litigate.

Important Things to Consider in Case of a Family Case

• Emotional Cost
  Family cases can be emotionally taxing and can take a toll on the mental health of all parties involved, especially children. It’s important to consider the emotional cost before taking the decision to litigate. 
• Mediation or Counseling
  Before the case proceeds to trial, the court may order the parties to attend mediation or counseling to try and resolve the matter amicably. This can be a cost-effective and less stressful way to resolve the case and can help to maintain family relationships. 
• Children’s Welfare If the case involves children, it’s important to keep their best interests in mind and to consider the impact that the case may have on them.
• Alternatives Consider other alternatives, such as mediation or negotiation, before proceeding with litigation. These alternatives can be less expensive and less time-consuming and can help to preserve family relationships.