Here are some landmark family law cases in India.
1. The Supreme Court expanded the definition of 'family' to include non-traditional structures, ruling that atypical families are entitled to equal protection under the law and benefits under social welfare legislation.
This judgment granted Syrian Christian women equal inheritance rights, invalidating the Travancore Christian Succession Act of 1916, which had previously limited their property rights.
The Court held that a Hindu husband cannot convert to Islam solely to contract a second marriage without dissolving the first, as this would violate Section 494 of the Indian Penal Code concerning bigamy.
The Supreme Court upheld the right of a Muslim woman to receive maintenance from her husband under Section 125 of the Code of Criminal Procedure, leading to debates on the need for a Uniform Civil Code.
This judgment recognized transgender individuals as the 'third gender' and affirmed that fundamental rights granted under the Constitution are equally applicable to them.
The Court ruled that an unwed Christian mother could become the sole legal guardian of her child without the father's consent, emphasizing the welfare of the child.
Although primarily concerning free speech, this judgment struck down Section 66A of the Information Technology Act, impacting how online speech, including family matters, is regulated.
The Supreme Court declared the right to privacy as a fundamental right under the Constitution, affecting various aspects of family life and personal choices.
This landmark judgment decriminalized consensual homosexual acts, thereby recognizing and protecting the rights of same-sex couples.
The Madras High Court recognized the right of transgender individuals to marry under the Hindu Marriage Act, interpreting the term 'bride' to include trans women.
This case addressed the rights of same-sex couples seeking protection from harassment, highlighting the need for societal acceptance and legal recognition of such relationships.
The Allahabad High Court upheld the rights of a same-sex couple to live together, emphasizing constitutional morality over societal norms.
The Kerala High Court granted a writ of habeas corpus in favor of a same-sex couple, reinforcing their right to cohabit without interference.
The Supreme Court interpreted the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring that divorced Muslim women are entitled to fair and reasonable provision for maintenance.
The Court held that a Hindu widow has the right to adopt a child without her deceased husband's consent, thereby securing property rights for the adopted child.
This judgment challenged the conventional interpretation of guardianship under the Hindu Minority and Guardianship Act, asserting that both parents are natural guardians of a minor.
The Supreme Court mandated theregistration of all marriages in India, aiming to prevent child marriages and protect women's rights.
The Court ruled that any person, irrespective of their religion, can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000
The Supreme Court upheld the right of an adult woman to marry or live with anyone of her choice, condemning honor killings and harassment by family members.
This judgment clarified the legal position regarding the legitimacy of children born from void or voidable marriages under the Hindu Marriage Act.
The Supreme Court upheld the constitutionality of the Aadhaar scheme but struck down certain provisions, impacting the intersection of technology, privacy, and family rights.
The Court recognized the rights of women in live-in relationships, providing them protection under the Domestic Violence Act.
The Supreme Court upheld the right of an adult woman to make her own marital choices, emphasizing individual autonomy over parental or societal pressure.
The Supreme Court struck down the offense of adultery under Section 497 of the Indian Penal Code, stating that it was unconstitutional because it violated the fundamental right to equality under Article 14 and the right to life and liberty under Article 21.
The Delhi High Court held that a husband’s refusal to provide financial support to his wife and children amounted to cruelty, thereby paving the way for a divorce under the Hindu Marriage Act.