Family Law Notes for LLB Students (Hindu and Muslim Law Basics)

Family Law in Indian LL.B. courses is taught as personal law — separate codes govern Hindus, Muslims, Christians and Parsis. These notes cover the Hindu law and Muslim law portions most commonly examined.

Hindu Law: The Four Codification Acts of 1955-56

The Hindu Marriage Act, 1955 (marriage, divorce, judicial separation, restitution of conjugal rights under Sections 5, 13, 10, 9 respectively); the Hindu Succession Act, 1956 (amended 2005 to give daughters equal coparcenary rights in Mitakshara joint family property); the Hindu Minority and Guardianship Act, 1956; and the Hindu Adoptions and Maintenance Act, 1956 together codify Hindu personal law for the purposes of these Acts (defined broadly in Section 2 of each to include Sikhs, Jains and Buddhists, and anyone not Muslim, Christian, Parsi or Jewish by religion).

Grounds for Divorce under Section 13, Hindu Marriage Act

Adultery, cruelty, desertion for two years, conversion, unsoundness of mind, virulent leprosy (omitted in 2019), venereal disease, renunciation, and presumption of death (seven years) are fault grounds; Section 13-B provides divorce by mutual consent after one year’s statutory separation.

Muslim Law: Marriage (Nikah) and Divorce

Marriage under Muslim law is a civil contract requiring offer (ijab), acceptance (qubul), and mahr (dower). Divorce routes include talaq (now subject to the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalises instant triple talaq/talaq-e-biddat), khula (wife-initiated), mubarat (mutual), and judicial divorce under the Dissolution of Muslim Marriages Act, 1939.

Maintenance

Section 125, CrPC (now Section 144, BNSS) provides a secular, religion-neutral maintenance remedy available to any wife (including a divorced Muslim wife per Mohd. Ahmed Khan v. Shah Bano Begum, 1985, and the subsequent Muslim Women (Protection of Rights on Divorce) Act, 1986 as interpreted in Danial Latifi, 2001) alongside the Hindu Adoptions and Maintenance Act and the Muslim Women Act.

Key exam questions to prepare

• Grounds for divorce under the Hindu Marriage Act, 1955.
• Essentials of a valid Muslim marriage (nikah).
• Maintenance rights of a divorced Muslim woman after Shah Bano and the 1986 Act.

More: all LL.B. subject notes