Family Dispute Lawyer in Delhi
Here’s a detailed guide on Family Dispute Laws in India under Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Civil Procedure Code (CPC), Criminal Procedure Code (CrPC), and landmark judgments, along with FAQs.
1. Family Dispute Laws Under Bharatiya Nyaya Sanhita (BNS), 2023
(Replaced IPC from July 1, 2024)
| BNS Section | Offense | Punishment |
|---|---|---|
| Sec 85 | Adultery (Sexual relations outside marriage) | Not a criminal offense (Decriminalized in Joseph Shine v. UOI) |
| Sec 86 | Cruelty against spouse (mental/physical abuse) | Up to 3 years imprisonment and fine |
| Sec 88 | Domestic violence (severe physical harm to spouse) | Up to 7 years imprisonment |
| Sec 305 | Desertion (abandoning spouse without reason) | Grounds for divorce (civil remedy) |
| Sec 318 | Fraudulent marriage (concealment of facts like impotence) | Up to 7 years imprisonment |
2. Family Dispute Laws Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
(Replaced CrPC from July 1, 2024)
| BNSS Section | Provision |
|---|---|
| Sec 176 | Speedy trial for family dispute-related criminal offenses |
| Sec 173 | Electronic filing of charge sheets for domestic abuse cases |
| Sec 357 | Maintenance and compensation to spouse |
| Sec 92 | Bail provisions in matrimonial cases |
3. Family Dispute Laws Under Civil Procedure Code (CPC), 1908
(For Family Dispute Proceedings & Civil Remedies)
| CPC Provision | Purpose |
|---|---|
| Order 7, Rule 1 | Filing of a divorce or family dispute petition |
| Order 39, Rule 1 & 2 | Courts can pass interim reliefs (maintenance, child custody, property disputes) |
| Section 9 | Civil courts have jurisdiction over family dispute cases |
| Section 26 | Filing for maintenance and alimony claims |
4. Family Dispute Laws Under Criminal Procedure Code (CrPC), 1973
(For Maintenance & Protection Orders)
| CrPC Section | Provision |
|---|---|
| Section 125 | Maintenance for wife, children, and parents |
| Section 126 | Procedure for maintenance cases |
| Section 128 | Enforcement of maintenance orders |
| Section 144 | Protection against domestic violence |
5. Types of Family Disputes & Legal Provisions
1. Divorce Disputes
- Hindu Marriage Act, 1955 (Sec 13, 13B)
- Special Marriage Act, 1954
- Muslim Personal Law, Christian Marriage Act, Parsi Marriage Act
2. Child Custody Disputes
- Guardian and Wards Act, 1890
- Hindu Minority & Guardianship Act, 1956
- CrPC Sec 125 (Child Maintenance)
3. Domestic Violence & Harassment Cases
- Protection of Women from Domestic Violence Act, 2005
- Dowry Prohibition Act, 1961
- BNS Sec 86, 88 (Cruelty & Domestic Violence)
4. Property & Inheritance Disputes
- Hindu Succession Act, 1956
- Indian Succession Act, 1925
- Muslim Personal Law (Sharia Law)
5. Maintenance & Alimony Disputes
- CrPC Sec 125
- Hindu Adoption & Maintenance Act, 1956
- BNS Sec 357 (Compensation & Maintenance)
6. Landmark Judgments on Family Disputes
1. Joseph Shine v. Union of India (2018)
- Adultery (Sec 497 IPC) was decriminalized.
2. Vishaka v. State of Rajasthan (1997)
- Defined sexual harassment laws, affecting divorce cases involving workplace abuse.
3. Daniel Latifi v. Union of India (2001)
- Muslim women are entitled to maintenance beyond Iddat period.
4. Githa Hariharan v. RBI (1999)
- Mother can be the natural guardian of a child.
5. Rajnesh v. Neha (2020)
- Guidelines for calculating alimony and maintenance.
7. Frequently Asked Questions (FAQs)
Q1: How can I file for child custody in India?
- File a petition under the Guardian and Wards Act, 1890 in Family Court.
Q2: Can I get maintenance if my spouse refuses to pay?
- Yes, under CrPC Section 125, the court can enforce payment.
Q3: Can I claim ancestral property in a family dispute?
- Yes, under Hindu Succession Act, 1956, ancestral property is divided among legal heirs.
Q4: What is the punishment for domestic violence?
- BNS Sec 88: Up to 7 years imprisonment + fine.
Q5: Can a husband claim alimony from his wife?
- Yes, if the husband is financially dependent on the wife.
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