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Is Family Law A Personal Law?

  • Writer: leadindia400
    leadindia400
  • Dec 31, 2024
  • 4 min read

A Collection Of Laws Known As Personal Laws Control And Regulate Relationships That Result From Specific Circumstances Uniting Two People Or More. These Are Affinity, Blood, And Marriage. In Addition, Personal Law Controls And Governs Matters About Private Life, Including Guardianship, Succession, Marriage, Divorce, Maintenance, And Minorities. With A Few Exceptions, The Majority Of India's Private Laws Are Based On Religiously Divided And Sanctioned Scriptural Laws. They Offer Guidelines For Managing Interpersonal Relationships Within The Established Family. As A Result Of Numerous Laws About Guardianship, Custody, Inheritance And Succession, Divorce, Marriage, And Maintenance, These Standards Eventually Gained Official Recognition.


The Significance Of Non-Public Law Is Frequently Determined By Its Composition, Application To Specific Individuals And Relationships, And Very Nature. In The Modern Era, Personal Laws Hold A Unique Place And Are Crucial In Maintaining The Boundaries Of The City. A Few Sections In Certain Communities Still Lack A Legislative Structure. The Political Climate Is Impeding The Country's Efforts To Reform A Few Personal Laws.


The Origins Of Family Law


The Area Of Law That Deals With Family Dynamics Is Called Family Law. It Involves Forging And Severing Family Ties Through Divorce And The Loss Of Parental Rights. This Law Deals With Issues Like Adoption And Disputed Child Custody. India Has Five Main Family Law Systems: Hindu Law, Which Applies To All Hindus, Buddhists, Jains, And Sikhs; Muslim Law, Which Applies To Muslims; Christian Law, Which Applies To Christians; Parsi Law, Which Applies To Parsis; And Secular Law, Which Includes The Special Marriage Act. Religious Texts Serve As The Basis For The Laws Based On Religion. Additionally, Parliamentary Legislation Has Occasionally Modified These Laws.


Schools And Sources


The Idea Of Laws In Various Religions Is Explained In A Variety Of Places And Educational Institutions.

Below Are A Few Of Them:


Hindu Law's Origins


Hindu Law's Sources Can Be Divided Into Two Categories.

  • Historical Sources: According To Manu, There Are Four Sources Of Hindu Law I.E.


1.  It Is Believed That Shruti Contains The Priceless Words Of God. The Rig Veda, The Yajur Veda, The Sama Veda, The Atharva Veda, Six Vedangas, And The Eighteen Upanishads Make Up The Majority Of The Shruti.


2. Smritis: It Includes Those Shruti Passages That The Saints, Using Their Recollections To Write In Their Unique Style, Had Forgotten In Their Original Form. It Is Therefore Grounded In Shrutis. The Two Types Of Smritis Are Called Dharamasutras And Dharmashastras


3. Remarks And Summaries: The Period Covered By Commentaries (Tika Or Bhashya) And Digests (Nibandhs) Was 600–1200 Ad. The Commentaries Claiming To Be Based On The Smritis Clarified, Expanded, And Changed The Customs Mentioned To Bring Them Into Line With Current Customs That Are

Appropriate For The Period.


4. Customs: It's Considered The Ultimate Form Of 'dharma'. The Judicial Committee Explains It And Uses It To Denote A Norm In A Certain Family, Class, Or District. Custom Is A Primary Source That Ranks Alongside The Shrutis And Smritis, But It Is Used More Frequently Than The Smritis.


  • Modern Sources: The Following Lists The Current Sources Of Hindu Law:


1. Fairness, Integrity, And Self-Respect: The Principles Of Justice, Equity, And Good Conscience Will Be Applied When A Dispute Comes Before A Court And Cannot Be Resolved By Applying Any Rule From Any Available Sources. Take The Gurunath V. Kamlabai Case, For Instance.


2.  Precedent: The Idea Of Treating Similar Cases Similarly Served As The Foundation For The Precedent Doctrine.


It Is Referred To As A Source Of Hindu Law In The Following Two Senses:


A. Case Law Now Embodies All Of The Fundamental Tenets And Regulations Of Hindu Law.


B.  It Is A Source Of Law In The Sense That Doctrines, Principles, And Rules Of Law Are Modified And Added To The Body Of Hindu Law Through The Process Of Judicial Interpretation.


3. Decisions Made By Judges: Hindu Law Court Rulings Are Occasionally Cited As Sources Of Law. All Of The Significant Aspects Of Hindu Law Can Be Found In The Law Reports. Commentaries Have Occasionally Been Superseded By Decisions Made Regarding Hindu Law.


4. Legislation: The Creation Of Hindu Law Is Significantly Influenced By Parliamentary Legislative Acts. Important Facets Of Hindu Law Have Been Codified Since Independence. The Hindu Marriage Act Of 1955, The Hindu Adoptions And Maintenance Act Of 1956, The Hindu Succession Act Of 1956, The Hindu Minority And Guardianship Act Of 1956, And So Forth Are Some Examples.


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