Blog authored by Devyani Pande from Amrwati University
Family law also called as “matrimonial law” or “law of domestic relations” is a legal practice area that mainly deals with matrimonial issues such as family, marriage, adoption, child custody, divorce, maintenance etc. Law that regulates the Family related matters is Family law, it comes under the Civil law. Family Law is a personal law, which depends on customs, Tradition, and Religion.
Marriages are performed in accordance with people’s religion, rituals and ceremonies, which are mostly codified by statutory personal laws. Therefore, the matrimonial laws in India, including laws on marriage, divorce and other connected issues, are essentially governed by the personal laws of the parties depending on their religion. India is a Secular country and all religions respect each other, major religions practiced include Hinduism, Islam and Christianity.
Evolution of Family Law
The nature of the Indian family has been shaped by the circumstances and things followed from years and as per individuals customs. Few decades back family law was simple, Judges and practicing lawyers faced little or no difficulty in understanding and managing the system because there were simple rules. Family law was noticed as a system of law that regulated the formation and dissolution of marriage and the rights and obligations that streamed from the marital relationship. It focused on the traditional joint family, working husband, homemaking wife, parents, siblings and their children, But now it’s changed to nuclear family where women have independent life of her own with the phenomenal increase in the divorce rate that is followed by the reason of increase in women’s independency. prefer nuclear family even some customs in which women has compulsory or the family tradition of their social class to stay at home they also step out, and as per the effect women’s dependency became less or zero they live their life their way which end’s in the increased number of divorce cases .
Not only in India but also all over the world number of Divorce cases increased. Custody of child was mainly depend upon the father or the maintenance given to wife as per monetary issues primarily , but now this issue also got resolved as many women prefer not to take maintenance as they are capable for maintaining themselves as well as children .There is change in outlook and lifestyle of people both intra and inter ethnic family or new generation people that is essential for all multicultural societies.
Emerging Trends in Family Law
There have been changes in the society over the period of time, the society we currently live in was not same couple of decades back. As per time society’s family structure change and the law tends change as per time too. Family law is legal practice area related to family matters such as marriage, child custody, maintenance, adoption, divorce, guardianship, etc. Due to changes over time now law related to family matters are also changed not only in India but also all over the world. Unlike the western societies the significance of marriage for family formation has not undergone change in India. In the future, both marriage and family will experience fresh challenges and will undergo further transformation and change.
Meaning of marriage is changed from marriage to contract marriage then live-in relationship and laws related to all these also comes under family law. Single mother can raise a child, after divorce wife can demand maintenance if she has income or runs a business though she has right for maintenance, on the other side increasing numbers of children being born outside marriage also need to protect his/her rights under the law. If one person has affair outside and child is born out of it the baby and mother both has right to demand for maintenance and has share in property .
It has become very easy now a days to take a divorce. In UK from pandemic started “no fault divorce” the reflection time is 26 weeks and no need to prove anything . It remains to be seen as to how ‘gender and sexual revolutions’ are growing, same sex marriage, increasing ways of family IVF technology, adoption and surrogacy all bring additional legal problems as to who gains rights both parental and financial.
Indian society is changing so laws are also getting tend to it for the sake of the society, so no one could blame law and justice, that’s why due to pandemic and lockdown people has to face many issues and time was running out of hand that’s why many countries started Online portal from last year filing cases online, legitimacy, guardianship, succession, etc.
Law takes some time to change as per the society and when comes into enforcement it is applicable for the particular society as per their religion. Family members, advisors etc. has to be cautious related to new trends of family law so that they can take care of their family members and wealth as well for their better life .