Family laws in India are different for different religions and there is no uniform civil code. This system of distinct laws for each religion began during the British Raj when Warren Hastings in 1772 created provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. However, after independence, efforts have been made to modernise various aspects of personal law and bring about uniformity among various religions. Areas in which reform has occurred recently are custody and guardianship laws, adoption laws, succession law and laws relating to domestic violence and child marriage.
Hindu Law
As far as Hindus are concerned there is a specific branch of law known as Hindu Law. Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all the major areas affecting family life among Hindus in India.[citation needed] Even Jains are covered for most part by Hindu law.
Mohammedan law
Indian Muslims' personal laws are based on the Sharia, which is partially applied in India. The portion of the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law. Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes. The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by the courts. The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant.
Christian Law
As for Christians, there is a distinct branch of law known as Christian Law which is mostly based on specific statutes.
Christian law of Succession and Divorce in India have undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in the grounds available for divorce. By now Christian law in India has emerged as a separate branch of law.It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents.
Christian family law has now distinct sub branches like laws on marriage, divorce,restitution, judicial separation, succession, adoption, guardianship,maintenance, custody of minor children and relevance of canon law and all that regulates familial relationship.
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