Family Law: Navigating Relationships & Rights

A partner in a live-in relationship has legal protections. If you are facing physical or mental abuse, you can file a police complaint and also seek relief under the Domestic Violence Act. I also clarify that under Section 125 of the CrPC, a live-in partner is entitled to claim maintenance.

A child born out of a live-in relationship is considered legitimate under Indian law and has the same inheritance rights as a child from a valid marriage. I explain the Supreme Court's ruling in Bharata Matha v. R. Vijaya Renganathan and clarify that you can get a birth certificate for the child with both biological parents' names.

Filing for divorce on the grounds of adultery can be complicated. A recent Delhi High Court judgment has changed the procedure. I explain that it is no longer mandatory to make the alleged adulterer a party in the divorce petition, which overrules a previous 1980 rule.

The Bombay High Court has observed that if a husband asks his wife to cook, it does not amount to cruelty or harassment. I believe it is important for couples to discuss expectations about household responsibilities before marriage to avoid future conflicts.

Prenuptial agreements are generally not legally valid in India as they are considered void under the Indian Contract Act. However, I explain how you can create a 'quasi-prenuptial' agreement to document details like 'stridhan' and the absence of any dowry demand, which can be useful in case of a dispute.

After a divorce, can a parent remove the ex-spouse's name from the child's birth certificate? The answer is no. I clarify that the names of the biological parents will remain on the birth certificate, regardless of the parents' marital status or who has custody of the child.

The laws for adoption in India have specific conditions. I explain the guidelines under the Hindu Adoptions and Maintenance Act, clarifying that a single Hindu male can only adopt a male child, while a single female can adopt a child of either gender. I also cover the mandatory age gap of 21 years between the parent and the child.

The process for marriage registration varies by state. I outline the specific requirements for registering a marriage in Delhi, Uttar Pradesh, and Haryana, covering details like residency proof, necessary documents, witness requirements, and applicable fees and fines for delays.

When people from two different religions want to marry, the Special Marriage Act, 1954, comes into play. I explain the entire process of a court marriage, from filing the application at the DM's office to the 30-day notice period and the requirement of three witnesses.