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FAMILY AND PERSONAL LAWS IN INDIA

In India Family and Personal Laws deal with in general marriage divorce, other unions, and children adoption appointment of Guardians and words maintenance and financial provisions alimony, palimony, Judicial Intervention in Family Courts Conversion and Reconversion of Religious Family property, succession and inheritance, Religions and charitable Endowments and Trusts as applicable under Hindu Law, Christian Law, Muslim Law and Parsi Law.

  1. Under Hindu Laws : The following salient explanations are narrated in detail applicable to all Hindus in India. Family and Joint Family marriage, requirements of valid marriage, Registration of marriage, defacto marriage, live-in-relationship, cohabitation premarital sex, Inter-caste marriage, Inter community marriage, void marriage and voidable marriage and legitimacy of children. Under divorce, grounds for divorce, generally adultery, bigamy, conversion to another religion cruelty desertion, Irretrievable break down of marriage, physical disorder, venereal disease Impotency unsoundness of mind mental disorder, domestic violence are dealt with.

Further, mutual consent for divorce, maintenance, Alimony, Remarriage rules, regulation and norms are also laid down:

Under Adoption : Capacity to Adopt, formal Requirements, customary Adoption proof and validity, Rights of Adoptive parents and adopted children, guidelines for adoption from India, and guidelines governing the adoption of children are dealt with.

Under Guardians and words : custody of children considerations for Appointment of Guardian whether Interim / Temporary custody, custody of woman, Guardian of property Rules, Regulations and norms are dealt with.

Under maintenance and Financial Provision, Alimony / Palimony, maintenance and relationship with property maintenance to wife, children and parents under Sections 125-128 of Cr.P.C, maintenance in case of live in Relationship, Presumed Relationship / Defacto marriage, cohabitation, maintenance in case of divorce, maintenance of children, parents quantum of maintenance, Interim maintenance date of entitlement to maintenance, Enforcement of maintenance, Interference by High Courts and Supreme Court permanent Alimony and Maintenance are dealt with .

Under family property, succession and Inheritance. Heirs, Dependents, nomination, Genealogy, legitimacy, will and settlements, gifts family arrangement, probate and letters of administration are dealt with.

  1. Under Christian Law:
    Marriage, Divorce, Conversion, Reconversion, Churches, Religious and Charitable Endowments. Family property, succession and inheritance are dealt with.
  2. Under Muslim Law:
    Requirements of valid marriage, legitimacy of children, matrimonial disputes and offences, Divorce, Remarriage, Protection of Rights on Divorce Maintenance / Alimony Adoption Appointment of Guardians and words family property intestate succession / inheritance. Heirs, Dependents, nomination, genealogy and legitimacy, Gift / Hiba are dealt with.

Under Parsi Law : Parsi marriage and Divorce, Adoption, Appointment of Guardians and words. Family property succession and inheritance Conversion / Reconversion Religious and Charitable Endowments are dealt with.

PENAL LAWS OF INDIA

  1. Indian Penal Code
  2. Criminal Procedure Code
  3. Indian Evidence Act

OFFENCE UNDER INDIAN PENAL CODE AT A GLANCE:
Punishments:
Sec. 53 of IPC dealt with punishments that offenders are liable under this code for dealt, imprisonment for life rigorous and simple imprisonment, forfeiture of property and fine.

Sec. 53 of IPC dealt with that in every case in which dealt sentence has been passed, Government may without consent of the offender commute punishment.

Sec. 55 of IPC dealt with that in every case in which life imprisonment has been passed, Government may without consent of offender, commute punishment for a term not exceeding 14 years.

Sec. 65 of IPC dealt with that term for which court directs offender to be imprisoned in default of payment of fine shall not exceed one fourth of term of maximum imprisonment fixed for offence, if it is punishable with imprisonment and fine.

Sec, 67 of IPC dealt with that if offence is punishable with fine only imprisonment imposed in default of payment of fine shall be simple. Term of imprisonment in default of payment of fine shall not exceed (i) 2 months when fine shall not exceed Rs.50/- (ii) 4 months when fine shall not exceed Rs.100/- and not exceeding 6 months in any other case.

Sec. 71 of IPC dealt with that in offence made up in parts, any of which parts in itself is an offence, offender shall not be punished for more than one of such offences, unless it so expressly provided. When offence is falling within two / more separate definitions or where there are several acts of which one / more than one would by itself / themselves constitute an offence and combined constituted different offence, offender shall be punished only with that punishment which court that tries him could award for any of such offences.

Sec. 73 of IPC dealt with that where a person convicted of offence for which, court has power to sentence him to rigorous imprisonment, court may order that solitary confinement for any portion / portions of imprisonment not exceeding three months in whole.

Sec.74 of IPC dealt with that solitary confinement shall not exceed 14 days at a time, with no less duration intervals and when imprisonment awarded shall exceed three months, solitary confinement shall not exceed 7 days in any one month of whole imprisonment with intervals of no less duration.

General Exceptions
Sec. 76 of IPC dealt with that nothing is an offence which is done by a person who is or who by reason of mistake of fact in good faith believes himself to be bound by law to do it.

Sec.79 of IPC dealt with that nothing is an offence which is done by any person justified by law or who by reason of mistake of fact in good faith believes himself to be justified by law in doing it.

Sec. 80 of IPC dealt with that nothing is an offence which is done by accident / misfortune and without any criminal intention in the doing of a lawful act in a lawful manner.

Sec. 81 of IPC dealt with that nothing is an offence which is done with knowledge that it is likely to cause harm, if it is done without any criminal intention and to prevent or avoid other harm to person or property.

Sec.82 of IPC dealt with that nothing is an offence which is done by child under seven years age.

Sec. 83 of IPC dealt with that nothing is an offence which is done by child above seven years but under twelve, who has not attained sufficient maturity of understanding consequences of his / her conduct.

Sec. 84 of IPC deals with that nothing is an offence which is done by a person who at the time of doing it was of unsound mind.

Sec. 85 of IPC deals with that nothing is an offence which is done by a person who of the time of doing it was under intoxication, provided that thing which intoxicated him was administered to him without his knowledge or against his will.

Sec. 89 of IPC deals with that nothing is an offence which is done in good faith for benefit of a person under 12 years of age or of unsound mind or by consent of guardian.

Sec. 96 of IPC deals with that nothing is an offence which is done in exercise of right of private defence.

Sec. 97 of IPC deals with that nothing is an offence that a person has a right to defend his own / any other person’s body or property against any offence affecting human body or against theft, nobbery, mischief or criminal trespass or attempt to commit such acts.

Sec. 100 of IPC deals with that right of private defence of body extends to voluntary causing of death or any other harm if assault reasonably causes apprehension of death grievous hurt or assault with an intension of committing rape, gratifying unnatural lust, kidnapping / abducting, wrongfully confining a person.

Sec. 103 of IPC deals with that right of private defence of property extends to voluntary causing of death in robbery, house breaking by night, mischief by fire or theft, mischief or house trespass.

Sec. 105 of IPC deals with that right of private defence for property commences when a reasonable apprehension of danger of property commences.

OFFENCES UNDER INDIA PENAL CODE

Abetment : Sections 107, 108, 109, 111, 115 and 116 of IPC deal with abetment doing offence intentionally with knowledge of abetment and punishments thereto.

Criminal conspiracy : Sec.120A of IPC dealt with that when two or more persons agree to do or cause to do any illegal act if not illegal by illegal means such agreement is designated as criminal conspiracy.
Sec. 120A of IPC dealt with punishment for committing such criminal conspiracy with death / imprisonment for life or rigorous imprisonment for 2 years or up wards.

Offences against state : Sec. 121, 121-A, 122, 124-A of IPC deal with whoever abets / wages war against Government of India, conspires to commit offence under Sec.121, whoever collects men / arms / ammunition with intention to commit wage of war against Govt. of India and whoever by words / signs or otherwise attempts to bring into hatred or contempt towards to Govt. of India shall be punished with death or imprisonment for life with fine.

Offence against the public tranquillity:
Sections 141, 142, 143, 146, 147 and 149 of IPC deal with offences punishable under the IPC.

Contempt of lawful authority of Public servants:
Sections 172, 177, 182, 186 and 188 of IPC deal with committing offence of contempts lawful authority of Public Servants with punishment accordingly.

False evidence and offences against public justice:
Sections 191, 192, 193, 196, 203, 216 and 216-A of IPC deal with offence and punishment of imprisonment upto 7 years for committing false evidence and offence against public justice.

Offences relating to coin and government stamps:
Sections 230, 231, 255 and 260, deal with offence relating to knowingly counterfeiting coins and stamps shall be punished with imprisonment upto 10 years and fine.

Offences relating to weight and measure:
Sections 264 and 265 of IPC deal with offences fraudulently committing false weights and measures shall be punished with imprisonment upto 1 year or fine or both.

Defamation : Sections 499 and 500 deal with offences committing intentionally harming any person and defaming that person shall be punished with imprisonment for 2 years with fine or both.

Offences affecting the public health, safety convenience, decency and moral :
Sec. 268 of IPC dealt with a person is guilty of public nuisance causing common injury, danger, annoyance to the public.

Sec.272 of IPC dealt with offence of adulteration of food or drink shall be punishable with imprisonment which may extend to 6 months or fine of Rs.1000/- or both.

Sec.274 of IPC dealt with offence of adulteration of drug or medical preparation that shall be punishable with imprisonment upto 6 months or fine of Rs.1000/- or both.

Sec.279 of IPC dealt with offence of rash or negligent driving of vehicle endangering human life, causing hurt or injury to any other person that shall be with punishment of imprisonment upto 6 months or fine or both.

Sec.292 of IPC dealt with offence of causing annoyance doing any obscene act shall be punished with imprisonment upto 3 months or fine or both.

Offence affecting Human body:
Sec.299 of IPC dealt with culpable homicide (i) whoever caused death with intention or knowledge of doing such act is likely cause death.

Sec.300 of IPC dealt with causing death by committing murder.
Sec.301 of IPC dealt with doing anything which offender knows that is likely to cause death.

Sec.302 of IPC dealt with offence of murder shall be punished with death or imprisonment for life and fine.

Sec.303 of IPC dealt with whoever being under sentence of life imprisonment commits murder shall be punished with death.

Sec.304 of IPC dealt with offence of culpable homicide not amounting murder shall be punished with life imprisonment.

Sec.304B of IPC dealt with offence of dowry deals committed to any woman within 7 years of her marriage.

Sec.306 of IPC dealt with abetment of committing suicide shall be punished imprisonment upto 10 years and fine.

Sec.307 of IPC dealt with doing any act intentionally of with knowledge causing death shall be punished with imprisonment upto 10 years and fine.

Sec.309 of IPC dealt with attempt to commit suicide shall be punished with imprisonment upto 1 year or with fine or both.

Sec.319 of IPC dealt with causing bodily pain, disease or infirmity is hurt.

Sec.320 of IPC dealt with offence of grievous hurt.

Sec.321 of IPC dealt with offence of grievous hurt done with intention / knowledge / voluntarily.

Sec.322 of IPC dealt with offence of causing grievous hurt voluntarily.

Sec.323 of IPC dealt with offence of hurt shall be punished with imprisonment upto 1year or fine of Rs.1000/- or both.

Sec.325 of IPC dealt with offence of voluntarily causing grievous hurt shall be punished with imprisonment upto 7 years and fine.

Sec.339 of IPC dealt with offence of wrongfully restraining any person.

Sec.340 of IPC dealt with offence of wrongful confinement.

Sec.341 of IPC dealt with offence of wrongfully restraining shall be punished with simple imprisonment of 1 month or fine upto Rs.500/- or both.

Sec.342 of IPC dealt with offence of wrongful confinement shall be punished with imprisonment upto 1 year or fine upto Rs.1000/- or both.

Sec.350 of IPC dealt with offence of Criminal force doing any force to any person without his / her consent, causing injury fear or annoyance.

Sec.351 of IPC dealt with offence of committing assault using criminal force.

Sec.352 of IPC dealt with offence of assault using criminal force shall be punished with imprisonment upto 3 months or with fine upto Rs.500/- or both.

Sec.354 of IPC dealt with offence of assault or use criminal force to any woman intending to outrage her modesty shall be punished with imprisonment upto 2 years or with fine or both.

Sec.358 of IPC dealt with offence of assault or use of criminal force upon grave or sudden provocation shall be punished with imprisonment upto one month or fine upto Rs.200/- or both.

Sec.359 of IPC dealt with offence of Kidnapping of two kinds (i) kidnapping from India and (ii) Kidnapping from lawful guardianship.

Sec.360 of IPC dealt with offence of kidnapping any person beyond the limits of India without consent of lawful guardian.

Sec.361 of IPC dealt with offence of taking / enticing minor under 16 years if male, under 18 years if female, person of unsound mind out of keeping of lawful guardian without his / her consent.

Sec.362 of IPC dealt with offence of abduction by inducing / compelling by force or any deceitful means.

Sec.363 of IPC dealt with offence of kidnapping shall be punished with imprisonment upto 7 years and fine.

Sec.364 of IPC dealt with offence of kidnapping or abduction in order that committing murder or put in danger of murder shall be punished with life imprisonment or rigorous imprisonment upto 10 years and fine.

Sec.364-A of IPC dealt with offence of kidnapping or abduction keeps in detention with threatening to cause death / hurt with intention of compelling Government or any person to do / abstain from doing any act / pay ransom shall be punishable with death or life imprisonment and fine.

Sec.370 of IPC dealt with offence of committing slavery by importing / exporting / removing / buying / selling disposing of any person as slave against will of any person shall be punished with imprisonment for a term upto 7 years and fine.

Sec. 375 of IPC dealt with committing rape having sexual intercourse with woman against her will, without her consent, with her consent which is obtained by putting her / any person in whom she is interested in a fear death or in hurt with her consent when she from unsoundness of mind or intoxication or with / without her consent when he is under 16 years of age.

Sec.376 of IPC dealt with offence of rape shall be punished with imprisonment which shall not be less than 7 years but which may be for life or which may extend 10 years and fine, unless the woman raped is his own wife and not under 12 years in which case he shall be punished with imprisonment upto 2 years or fine or both.

Offences against property
Sec. 378 of IPC dealt with offence of committing theft.

Sec.379 of IPC dealt with offence of committing theft shall be punished with imprisonment upto 3 years or fine or both.

Sec.383 of IPC dealt with offence of extortion by putting any person in fear of any injury / dishonestly putting in fear to deliver any valuable security.

Sec.384 of IPC dealt with extortionist shall be punished with imprisonment upto 3 years or fine or both.

Sec.390 of IPC dealt with offence of committing robbery, theft is robbery, in all robbery cases there is either theft or extortion theft is robbery when offender voluntarily causing death / hurt / wrongful restraint fear of instant death by taking way any moveable property. Exortion is robbery when the offender in presence of person putting him in fear of instant death / hurt / wrongful restraint to deliver up thing extorted.

Sec.391 of IPC dealt with offence of committing dacoity when five or more persons conjointly commit on attempt to commit robbery.

Sec.392 of IPC dealt with offence of robbery shall be punished with rigorous imprisonment for a term upto 10 years and fine. If the robbery is committed on highway between sunset and sunrise the imprisonment may be extended upto 14 years.

Sec.393 of IPC dealt with offence of attempts to commit robbery shall be punished with imprisonment which may extend upto 7 years and fine.

Sec.395 of IPC dealt with offence of dacoity shall be punished with imprisonment for life which may extend to 10 years and fine.

Sec.396 of IPC dealt with offence while committing dacoity any one of five or more persons commit murder, everyone of those person shall be punished with death, imprisonment for life or rigorous imprisonment for a term which may extend to 10 years and fine.

Sec.403 of IPC dealt with offence of criminal misappropriation of property dishonestly shall be punished with imprisonment which may extend to 2 years or fine or both.

Sec.404 of IPC dealt with offence of criminal misappropriation of property which belongs to deceased person at the time of his death shall be punished with imprisonment which may extend upto 3 years and also fine. If the offender was employed by such deceased person, as clerk or servant, imprisonment may extend to 7 years.

Sec.405 of IPC dealt with offence of committing criminal breach of trust.

Sec.406 of IPC dealt with offence of committing criminal breach of trust shall be punished with imprisonment which may extend to 3 years or fine or both.

Sec.408 of IPC dealt with offence of committing criminal breach trust by person employed as clerk / servant shall be punished with imprisonment which may extend to 7 years and fine.

Sec.410 of IPC dealt with offence when possession of property which has been transferred by theft, extortion, robbery or criminally misappropriated property or criminal breach of trust such property is called stolen property.

Sec.411 of IPC dealt with offence of receiving / retaining stolen property dishonestly and knowing or having reason to believe the same is stolen property shall be punished with imprisonment which may extend to 3 years or fine or both.

Sec.415 of IPC dealt with offence of committing cheating by deceiving any person fraudulently or dishonestly to deliver any property to any person or intentionally to do or omit to do which causes harm / damage to that person in body, mind, reputation or property.

Sec.417 of IPC dealt with offence of committing cheating shall be punished with imprisonment which may extend to one year or fine or both.

Sec.420 of IPC dealt with offence of committing cheating dishonestly by deceiving to deliver any property to any person shall be punished with imprisonment which may extend to 7 years and fine.

Sec.425 of IPC dealt with offence of committing mischief with intention to cause wrongful loss / damage to public, causing destruction of any property or diminishing its value or utility or affects it injuriously.

Sec.426 of IPC dealt with offence of committing mischief shall be punished with imprisonment which may extend to 3 months or fine or both.

Sec.441 of IPC dealt with offence of committing trespass by entering upon property which is in possession of another person with an intention to commit an offence, intimidation insult, annoy any person in possession of such property or lawfully entering upon such property unlawfully remaining there with intent to intimidate insult, annoy any person.

Sec.442 of IPC dealt with offence of committing House trespass by criminally entering into or remaining in any building tent or vessel used as human dwelling or any building used place of worship / custody of property.

Sec.443 of IPC dealt with offence of committing lurking house trespass having taken precautions to conceal a right to exclude or eject such trespasser.

Sec.445 of IPC dealt with offence of committing house breaking by way of house trespass and by opening lock by using criminal force or committing assault or by threatening or by unfastening of such entrance or departure.

Sec.446 of IPC dealt with offence of committing house breaking by right doing such offence after sunset but before sunrise.

Sec.447 of IPC dealt with offence of committing criminal trespass shall be punished with imprisonment which may extend to 3 months or fine of Rs.500/- or both.

Sec.448 of IPC dealt with offence of committing house trespass shall be punished with imprisonment which may extend to 1 year or fine of Rs.1000/- or both.

Offence of Criminal Intimidation, Insult and Annoyance

Sec.503 of IPC dealt with offence of criminal intimidation by threatening with injury to any person, reputation or property or to any person in whom that person is interested.

Sec.506 of IPC dealt with offence of committing criminal intimidation shall be punished with imprisonment which may extend to 2 years or with fine or both.

Sec.509 of IPC dealt with offence of insult of modesty of any woman by uttering any word making any sound/ exhibiting any object, which shall be seen by such woman or intrudes upon privacy of such woman shall be punished with imprisonment which may extend to 1 year or fine or both.