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 SectionOffensePunishment
Sec 85Adultery (Sexual relations outside marriage)Not a criminal offense (Decriminalized in Joseph Shine v. UOI)
Sec 86Cruelty against spouse (mental/physical abuse)Up to 3 years imprisonment and fine
Sec 88Domestic violence (severe physical harm to spouse)Up to 7 years imprisonment
Sec 305Desertion (abandoning spouse without reason)Grounds for divorce (civil remedy)
Sec 318Fraudulent 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 SectionProvision
Sec 176Speedy trial for family dispute-related criminal offenses
Sec 173Electronic filing of charge sheets for domestic abuse cases
Sec 357Maintenance and compensation to spouse
Sec 92Bail provisions in matrimonial cases

3. Family Dispute Laws Under Civil Procedure Code (CPC), 1908

(For Family Dispute Proceedings & Civil Remedies)

CPC ProvisionPurpose
Order 7, Rule 1Filing of a divorce or family dispute petition
Order 39, Rule 1 & 2Courts can pass interim reliefs (maintenance, child custody, property disputes)
Section 9Civil courts have jurisdiction over family dispute cases
Section 26Filing for maintenance and alimony claims

4. Family Dispute Laws Under Criminal Procedure Code (CrPC), 1973

(For Maintenance & Protection Orders)

CrPC SectionProvision
Section 125Maintenance for wife, children, and parents
Section 126Procedure for maintenance cases
Section 128Enforcement of maintenance orders
Section 144Protection against domestic violence

5. Types of Family Disputes & Legal Provisions

1. Divorce Disputes

2. Child Custody Disputes

3. Domestic Violence & Harassment Cases

4. Property & Inheritance Disputes

5. Maintenance & Alimony Disputes


6. Landmark Judgments on Family Disputes

1. Joseph Shine v. Union of India (2018)

2. Vishaka v. State of Rajasthan (1997)

3. Daniel Latifi v. Union of India (2001)

4. Githa Hariharan v. RBI (1999)

5. Rajnesh v. Neha (2020)


7. Frequently Asked Questions (FAQs)

Q1: How can I file for child custody in India?

Q2: Can I get maintenance if my spouse refuses to pay?

Q3: Can I claim ancestral property in a family dispute?

Q4: What is the punishment for domestic violence?

Q5: Can a husband claim alimony from his wife?


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