Best Family Matter Lawyer in Supreme Court of India .
Family law in India encompasses a wide range of issues, including marriage, divorce, child custody, and maintenance. Recent developments and landmark judgments have significantly influenced the legal landscape in these areas.
Landmark Judgments in Family Law
- Deepika Singh v. Central Administrative Tribunal (2022): The Supreme Court expanded the legal definition of ‘family’ to include non-traditional structures, such as unmarried partnerships and queer relationships. This ruling ensures that atypical families receive equal protection under the law and access to social welfare benefits.
- Shilpa Sailesh v. Varun Sreenivasan (2023): The Supreme Court exercised its powers under Article 142(1) to grant a decree of divorce by mutual consent, bypassing the mandatory waiting period stipulated in Section 13B of the Hindu Marriage Act, 1955. The Court also recognized its discretionary power to dissolve a marriage on the grounds of irretrievable breakdown, a ground not explicitly provided under the Act.
Pending Family Court Cases
As of recent reports, several states in India have a significant backlog of pending family court cases. For instance, Kerala has approximately 111,667 pending cases, while Bihar has around 70,365. These backlogs highlight the challenges faced by the judiciary in delivering timely justice in family matters.
Controversies and Social Debates
In July 2024, the Indian reality TV show “Bigg Boss OTT” sparked controversy by featuring a male contestant with two wives, bringing the issue of bigamy into the public discourse. While polygamy is illegal for Hindus under Indian law, it is permitted for Muslim men under Islamic personal law. This incident reignited debates about the legality and social acceptance of polygamous relationships in India.
Recent Legal Developments
The Supreme Court has also addressed issues related to child custody and the use of DNA profiling in divorce cases. In a notable judgment, the Court emphasized that a child cannot be used as a pawn to prove allegations of adultery against a spouse, outlining the scope of using DNA evidence in such matters.
These developments underscore the dynamic nature of family law in India and the judiciary’s role in adapting to evolving societal norms and challenges.