Family Law

Obtaining a Legal Heir Certificate in India: A Complete 2026 Guide When a person passes away, their legal heirs often need an official document that establishes their relationship to the deceased and their right to inherit. This document is known as a legal heir certificate (also called a legal heirship certificate). It is issued by the local revenue authority and serves as proof that specific individuals are the legitimate successors of the deceased. This guide explains who

When a marriage breaks down, few questions are as painful or as important as who the children will live with. Knowing how to file for child custody in India, and what a court actually weighs, helps parents approach the process calmly and realistically. Custody in India is governed mainly by the Guardians and Wards Act, 1890, a secular law, and for Hindu families also by the Hindu Minority and Guardianship Act, 1956, with the welfare of the child as the guiding star throughout

A recent ruling on spousal maintenance from the Allahabad High Court has settled an important point for dependent spouses. A wife cannot be denied maintenance under Section 125 of the Code of Criminal Procedure simply because her parents chose to support her financially while her marriage was breaking down. The court held that temporary help from one's family during a period of distress does not reduce a husband's statutory duty to maintain his wife. What the High Court Decid

The Gujarat High Court has held that Family Courts in India must grant a declaratory decree recognising a Mubarat, or mutual consent, Muslim divorce, even where the divorce has already taken place outside court and neither spouse disputes it. The ruling, in Shahnawaz Sirajuddin Siddiqui v. Marufa, makes clear that a couple who end their marriage through an extra judicial route under Muslim personal law still have a statutory right to a formal judicial declaration of their cha

The Kerala High Court has held that passport authorities cannot insist on a court issued divorce decree before deleting a spouse's name from a passport, where the marriage has already been dissolved through a recognised form of extra-judicial divorce under Muslim personal law. The ruling, delivered by Justice Murali Purushothaman, came on a writ petition filed by a divorced Muslim woman whose application to update her passport details was held up because she could not produce

Couples facing a troubled marriage often ask about the difference between judicial separation and divorce in India. Judicial separation, available under Section 10 of the Hindu Marriage Act, 1955, allows a husband or wife to obtain a court order to live apart while the marriage legally continues, whereas divorce permanently ends the marriage. Understanding this distinction matters, because the two remedies have very different consequences for status, remarriage, maintenance a

The Madhya Pradesh High Court, in a landmark ruling delivered in June 2026, held that a father's obligation under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (previously Section 125 of the Code of Criminal Procedure, 1973) extends beyond basic maintenance and includes the responsibility to fund his daughter's higher education. Justice Gajendra Singh directed a father to pay Rs 46.26 lakh towards the educational expenses incurred by his two daughters for

The Delhi High Court recently reinforced a fundamental principle: personal inconvenience, no matter how genuine, cannot override a clear legislative mandate. In a petition filed by a couple seeking to bypass the mandatory 30-day notice period under the Special Marriage Act, 1954, Justice Purushaindra Kumar Kaurav dismissed the plea. Courts cannot direct statutory authorities to act contrary to express provisions of law simply because compliance causes hardship. The ruling car

Challenging a will in India is possible, but it is not easy, because the law presumes that a will reflects the genuine last wishes of the person who made it. A legal heir or interested person who believes a will is forged, was made under pressure, or does not meet the legal requirements can contest it, but must establish specific grounds before a court. This guide explains those grounds, who can challenge a will, where the case is filed, and how long you have to act. A will i

The Bombay High Court has clarified an important question in family law: a maintenance decree continues to bind a husband's estate after his death, but the wife cannot ask for the amount to be enhanced once he is gone. A Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande drew this distinction while deciding a plea arising out of a maintenance order under the Special Marriage Act 1954. The ruling matters because it answers two practical worries at once. A

What is Streedhan, and what are a woman's rights over it? Streedhan, literally a woman's wealth, refers to the property a woman receives before, during, and after her marriage, including gifts, jewellery, cash, and articles given by her parents, husband, in-laws, relatives, and friends. Indian law treats streedhan as the absolute property of the woman, over which she has full ownership and control, distinct from dowry and from the joint matrimonial property. This guide explai

Restitution of conjugal rights is one of the older and more debated matrimonial remedies in Indian law. It allows a spouse who has been deserted, without reasonable excuse, to ask a court to direct the other spouse to return and resume cohabitation. The remedy is available under several personal laws and is most commonly invoked under Section 9 of the Hindu Marriage Act, 1955. This guide explains what the remedy means, the statutory provisions that govern it, how the process

Live-in relationships in India occupy a space that is socially debated but legally recognised. The law does not prohibit two consenting adults from living together without marriage, and the higher judiciary has repeatedly confirmed that such relationships are not illegal. At the same time, a live-in relationship does not carry the full bundle of rights that flow from a valid marriage. This guide explains the legal status of live-in relationships, when they attract legal prote

The Kerala High Court has held that removing a child in violation of a subsisting Family Court decree granting custody is unlawful, and has restored the child to the mother in whose favour the decree stood. The Court also directed that Family Courts in the State follow established child custody and access guidelines until a committee set up for the purpose makes its recommendations. The decision is a clear reaffirmation that custody orders are binding and that the welfare of

If a person dies without a will in India, the law decides who inherits their property, and the outcome can be very different from what the deceased may have intended. Dying without a valid will is known as dying intestate, and intestate succession is governed by separate personal laws depending on the religion of the deceased. Understanding these rules helps families avoid disputes, and it is also the strongest argument for making a valid will in India while you still can. Wh