Position of humans under different personal laws
- 2. INTRODUCTION People of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs i.e. marriage, divorce, succession, etc. Indian personal law is fairly complex, with each religion adhering to its specific laws. Separate laws govern Hindus, Muslims, Christians, Sikhs and followers of other religions. But not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream.
- 3. POSITION OF HUMAN UNDER HINDU LAW MARRIAGE AND DIVORCE Governed by The Special Marriage Act, 1954, The Hindu Marriage Act 1955 and applies to Buddhists, Sikhs, Jains. ADOPTION It is legal affiliation of a child, it forms the subject matter of personal law. Although there is no general law of Adoption, but is legal affiliation of a child, it forms the subject matter of personal law.it is permitted by the Hindu Adoption and Maintenance Act, 1956. Under it, a male or a female Hindu having legal capacity, can take a son or a daughter in adoption. A guardian may be testimony guardian, natural guardian or a guardian appointed by the court. MAINTENANCE The wife has absolute right to claim maintenance from her husband. It is codified in the Hindu Adoptions and Maintenance Act, 1956. In assessing the amount of maintenance, the court takes into account various factors like position and liabilities of husband. It also judges whether the wife is justified in living apart from the husband.
- 4. POSITION OF HUMAN UNDER MUSLIM LAW MARRIAGE AND DIVORCE • As regards Muslims, marriages are governed by the Mohammedan Law prevalent in the country. • As regards divorce, i.e. Talaq, a Muslim wife has a restricted right to dissolve her marriage. Further, by the Dissolution of Muslim Marriage Act, 1939, a Muslim wife has been given the right to seek dissolution of her marriage. ADOPTION • Muslims have no separate laws related to adoption. They have to approach the court under the Guardians and Wards Act, 1890. They can take a child under the said act only under foster care. Once a child under foster care becomes major, he is free to break away all the connections. Besides, such a child doesn’t have the legal right of inheritance. MAINTENANCE • The Muslim Women (PROTECTION of Rights on Divorce) Act, 1986 protects rights of Muslims women who have been divorced or have obtained divorce from their husbands.
- 5. POSITION OF HUMAN UNDER CHRISTIAN LAW MARRIAGE AND DIVORCE • The Christian Law of Law Marriage in India is governed by the Indian Christian Marriage Act of 1872. • Both Husband and wife can seek a divorce on the grounds of: Adultery, Cruelty, Desertion for more than seven years etc. • The wife has been permitted to sue for Divorce on additional grounds if the husband is guilty of : RAPE, SODOMY, BESTIALITY ADOPTION • Christians in India can adopt children by resorting to section 41 of the Juvenile Justice (Care and Protection of Children) Act 2006. SUCCESSION • Governed by The Indian Succession Act of 1925
- 6. CONCLUSION Not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream. The only tangible step taken in this direction has been the codification and secularization of Hindu law. The codification of Muslim law still remains a sensitive matter .What needs to be remembered, however, is that India is a secular country where the Constitutional philosophy reigns supreme. Personal laws, howsoever scared, should not be allowed to encroach upon the inviolable collective values of the nation. It is necessary that law be divorced from religion.
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