1. Marriage and Related Terms

Marriage is the foundation of family law. It is a legally recognized union between two individuals that establishes rights, responsibilities, and obligations. In India, marriage is governed by acts such as the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.

• Monogamy: Marriage between one man and one woman.

• Polygamy: One spouse having multiple spouses (not allowed under Hindu law).

• Bigamy: Illegal marriage while already married.

• Same-Sex Marriage: Legal recognition of marriage between same-sex partners in certain jurisdictions.

• Nullity of Marriage: Legal declaration that a marriage is void due to defects like fraud, coercion, or incapacity.

• Judicial Separation: Court-approved living apart without dissolving marriage.

Understanding these terms helps individuals navigate legal rights in marital relationships.

2. Divorce and Separation

Divorce is the legal dissolution of marriage and comes in different forms:

• Mutual Consent Divorce: Both spouses agree to end the marriage.

• Contested Divorce: One spouse seeks divorce without the other’s consent.

• Restitution of Conjugal Rights: Court may order a spouse to resume cohabitation.

• Grounds for Divorce: Includes cruelty, desertion, adultery, or irretrievable breakdown of marriage.

• Alimony / Maintenance: Financial support to spouses post-divorce.

A clear understanding of divorce terms ensures proper legal guidance and helps protect individual rights.

3. Children and Custody

Children are central to family law. Legal concepts focus on their protection, welfare, and upbringing.

• Custody: Right to care for a child.

  • Physical Custody: Where the child resides.

  • Legal Custody: Decision-making power regarding child’s welfare.

• Joint Custody: Both parents share custody.

• Sole Custody: Custody granted to one parent.

• Guardianship: Legal responsibility to care for a minor.

• Adoption: Legal process granting parental rights to a child.

• Child Support: Financial obligation to maintain the child’s welfare.

• Visitation Rights: Non-custodial parent’s right to spend time with the child.

These provisions ensure that children’s best interests are always prioritized.

4. Domestic Violence and Protection

Domestic violence is any physical, emotional, sexual, or economic abuse within a domestic relationship. India’s Protection of Women from Domestic Violence Act, 2005 protects victims and provides:

• Protection Orders: Prevent further abuse.

• Maintenance Support: Financial assistance for victims.

• Legal Recourse: Access to courts and family tribunals.

Understanding domestic violence laws empowers individuals to seek timely protection.

5. Property, Inheritance, and Succession

Family law also governs property and inheritance matters:

• Community Property: Owned jointly by spouses.

• Separate Property: Owned individually.

• Inheritance & Succession: Rules for property transfer upon death.

• Will & Intestate Succession: Legal frameworks for property distribution.

• Partition: Division of property among co-owners or heirs.

These concepts help families manage assets and protect inheritance rights.

6. Surrogacy and Reproductive Rights

Surrogacy and assisted reproduction are emerging areas in family law:

• Surrogacy: A woman carries a child for another individual or couple.

• Altruistic Surrogacy: Permitted in India without financial gain.

• Commercial Surrogacy: Illegal in India.

• Parental Rights: Legal recognition of intended parents.

Family law ensures that reproductive arrangements comply with ethical and legal standards.

7. Legal Procedures and Court Terms

Family law cases are handled in Family Courts and may involve:

• Mediation: Neutral third-party dispute resolution.

• Arbitration: Private, legally binding resolution.

• Decree: Court order resolving a dispute.

• Appeal: Request to a higher court to review a decision.

• Summons & Petition: Formal notices and requests to courts.

These procedures ensure fair and efficient resolution of family disputes.

8. Miscellaneous Key Terms

• Pre-nuptial / Post-nuptial Agreements: Contracts about property or financial arrangements before or after marriage.

• Alienation of Affection: Legal claim in some jurisdictions if a third party disrupts a marriage.

• Legal Separation Agreement: Arrangements for maintenance or property division.

Understanding these terms helps individuals protect their rights and avoid legal complications.

Conclusion

Family law covers a wide range of topics, from marriage and divorce to child custody, domestic violence, property, and surrogacy. Knowledge of these key terms is essential for navigating legal systems, protecting rights, and ensuring the welfare of family members.

ALLY Legal Services Private Limited provides expert guidance in all areas of family law, helping individuals, families, and businesses navigate complex legal matters with confidence and clarity.