Family Law in India: Legal Framework, Rights, Reforms,and Contemporary Challenges

Authors

  • N. Krishna Kumar UNIVERSITY OF KERALA
  • Varun Babu

Keywords:

Divorce, Personal Laws, Maintenance, Domestic Violence, Inheritance.

Abstract

Family law in India is a distinctive combination of statutory rules, personal laws, and constitutional values that regulate family relationships. It covers important areas such as marriage, divorce, child custody, adoption, maintenance, inheritance, and protection from domestic violence. As society continues to evolve, family law has also changed considerably, especially in response to growing concerns for gender equality, child welfare, and the protection of individual rights and dignity. This
article provides a comprehensive analysis of the Indian family law system, examining its historical evolution, legal foundations, and major legislative frameworks. It also evaluates judicial interventions and landmark decisions that have reshaped the interpretation of family law. The study highlights persistent challenges, such as legal pluralism, gender inequality, and implementation gaps, while also exploring emerging trends such as recognition of live-in relationships and digitalization of legal
processes. The article concludes by emphasizing the need for progressive reforms, uniformity, and effective enforcement to ensure justice, equality, and protection within family relationships.

References

1. Agnes F. Family Law: Volume 1: Family Laws and Constitutional Claims. Oxford University Press; 2011 Jan 5.

2. Agnes F. Family Law: Volume 2: Marriage, Divorce, and Matrimonial Litigation. Oxford University Press; 2011 Feb 17.

3. Nazah FN, Gustiana R, Saadah T, Suryadi A. Gender Justice in Child Custody Disputes: The Maqāṣid Al-Sharī ‘ah Approach in Contemporary Judicial Practice. MILRev: Metro Islamic Law Review. 2025 Nov 10;4(2):1328-58.

4. Nixon KL, Tutty LM, Weaver-Dunlop G, Walsh CA. Do good intentions beget good policy? A review of child protection policies to address intimate partner violence. Children and Youth Services Review. 2007 Dec 1;29(12):1469-86.

5. Mishra S. Constitutionality of Personal Laws. Jus Corpus LJ. 2021;2:128.

Published

2026-05-02