Family Law
Rights related to marriage, divorce, custody, maintenance, adoption, inheritance, and domestic disputes.
Know Your Rights
In Simple Words
You have the right to live in a violence-free home. Domestic violence isn't just physical beating; it includes emotional abuse, verbal insults, sexual abuse, and economic deprivation (like taking away your salary or not providing food).
Relevant Law
Protection of Women from Domestic Violence Act - Section 3
In Simple Words
If you are unable to maintain yourself financially, you have the right to claim maintenance (monthly financial support) from your husband. This applies during separation or after divorce. Elderly parents can also claim maintenance from their adult children.
Relevant Law
Bharatiya Nagarik Suraksha Sanhita (BNSS) & Hindu Marriage Act - Section 144 (BNSS) / Section 24 (HMA)
In Simple Words
You can end your marriage legally through two ways: Mutual Consent (if both agree, it is faster, takes about 6 months) or Contested Divorce (if one person does not agree, you must prove grounds like cruelty, adultery, or desertion).
Relevant Law
Hindu Marriage Act, 1955 / Special Marriage Act - Section 13 & 13B (HMA)
In Simple Words
In a divorce, the court decides child custody based strictly on what is best for the child, not just the rights of the parents. Generally, custody of a child under 5 years is given to the mother. Fathers have an equal right to claim custody and visitation.
Relevant Law
Guardians and Wards Act, 1890 / Hindu Minority and Guardianship Act - Various Sections
In Simple Words
Since 2005, Hindu daughters (whether married or unmarried) have the exact same rights as sons to inherit ancestral property (coparcenary property). You cannot be denied your share just because you are a woman or married.
Relevant Law
Hindu Succession (Amendment) Act - Section 6
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