Hindu vs Muslim Law in India: Differences in Marriage, Divorce, Maintenance, Adoption and Succession

In India, the personal laws of Hindus and Muslims differ on marriage, divorce, maintenance, adoption, guardianship and inheritance. For Hindus (and, under the same Acts, Buddhists, Jains and Sikhs), Parliament enacted the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Adoptions and Maintenance Act, 1956 and the Hindu Minority and Guardianship Act, 1956. For Muslims, the Muslim Personal Law (Shariat) Application Act, 1937 makes Muslim Personal Law the rule of decision, where the parties are Muslims, in most of these matters (in adoption only for a person who makes a declaration under Section 3 of that Act, and not in questions relating to agricultural land), and three later Acts deal with particular questions: the Dissolution of Muslim Marriages Act, 1939, the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the Muslim Women (Protection of Rights on Marriage) Act, 2019. This guide compares the two systems point by point, in the words of the Acts and of the Supreme Court’s judgments, explains when a Hindu and a Muslim can marry each other, and ends with a Hindi summary and answers to common questions.

Reviewed and updated by Century Law Firm, Delhi – October 2026. The Hindu Marriage Act, 1955 is quoted from the Punjab and Haryana High Court’s copy (with amendments up to Act 6 of 2019), the Hindu Succession Act, 1956 from the Gazette texts of 1956 and of the 2005 amending Act, and the Muslim Personal Law (Shariat) Application Act, 1937 from the Uttar Pradesh State Women Commission’s copy; these could not be checked against a 2026 consolidated text, but the firm found nothing to suggest a later change. The other Acts are quoted from India Code, and the BNS and BNSS as checked against the Gazette text.

Which law applies to Hindus and which to Muslims?

Section 2 of the Hindu Marriage Act, 1955 decides who the Hindu law of marriage applies to, and the corresponding sections of the Hindu Succession Act, the Hindu Adoptions and Maintenance Act and the Hindu Minority and Guardianship Act use almost the same words. These Acts apply to a person who is a Hindu by religion “in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj”, to a Buddhist, Jain or Sikh by religion, and to any other person who is not a Muslim, Christian, Parsi or Jew by religion (the Hindu Marriage Act and the Hindu Minority and Guardianship Act add that this person must be domiciled in the territories to which the Act extends), unless it is proved that he or she would not have been governed by Hindu law.

The Explanation also treats as Hindus a child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs; a child with one such parent who is brought up as a member of that parent’s tribe, community, group or family; and a convert or re-convert to any of these religions. None of these Acts applies to the members of a Scheduled Tribe unless the Central Government, by notification in the Official Gazette, directs otherwise.

For Muslims, the starting point is Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. Overriding any contrary custom or usage, it provides that in questions regarding intestate succession, the special property of females, “marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties”, and wakfs (other than charities, charitable institutions and charitable and religious endowments), “the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).” Questions relating to agricultural land are excluded. Adoption, wills and legacies are not on that list. Under Section 3, however, a person who satisfies the prescribed authority that he is a Muslim, that he is competent to contract within the meaning of Section 11 of the Indian Contract Act, 1872, and that he is a resident of the territories to which the Act extends may make a declaration in the prescribed form before that authority, and Section 2 then applies to the declarant, his minor children and their descendants “as if in addition” to the listed matters “adoption, wills and legacies were also specified.”

The Special Marriage Act, 1954 works differently. It provides for a marriage “between any two persons” who meet its conditions, and, as explained below, a marriage under it also changes the law of succession that applies to the couple and their children. In Uttarakhand, the Uniform Civil Code, Uttarakhand, 2024 has been in force since 27 January 2025, and readers there should check how it applies to them; see the firm’s guide to the uniform civil code in India.

Hindu law and Muslim law compared

The table sets out the main differences. Each row is explained, in the words of the law, in the sections that follow.

Point	Hindus	Muslims
Main laws	Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Hindu Adoptions and Maintenance Act, 1956; Hindu Minority and Guardianship Act, 1956	Muslim Personal Law (Shariat), applied by the Shariat Act, 1937; Dissolution of Muslim Marriages Act, 1939; Muslim Women Acts of 1986 and 2019
Conditions of marriage	Listed in Section 5: no living spouse, capacity to consent, ages 21 and 18, not within prohibited degrees or sapindas unless custom permits	Matters of Muslim Personal Law (Shariat Act, Section 2)
Ceremony	Customary rites of either party; with saptapadi, complete at the seventh step (Section 7)	Matters of Muslim Personal Law
Second marriage	Void (Sections 5(i), 11 and 17); punishable under Section 82 BNS with up to 7 years, or 10 if the first marriage was concealed	The 1939 Act refers to a husband with “more wives than one”; Chief Justice Khehar’s judgment in Shayara Bano (2017) records that polygamy “would be dealt with separately”
Divorce	Court decree on the grounds in Section 13, or mutual consent under Section 13B	Talaq, ila, zihar, lian, khula and mubaraat (Shariat Act, Section 2); wife’s suit under the 1939 Act; instant talaq void and an offence (2019 Act)
Maintenance	Wife: Section 18, Hindu Adoptions and Maintenance Act; either spouse in matrimonial cases: Sections 24 and 25, Hindu Marriage Act; Section 144 BNSS	Wife: Section 144 BNSS; divorced wife (married and divorced under Muslim law): the 1986 Act, Section 144 BNSS or both (Samad, 2024); subsistence allowance after instant talaq (2019 Act, Section 5)
Adoption	Hindu Adoptions and Maintenance Act; adopted child is the adoptive parents’ child “for all purposes” (Section 12)	Not under the 1956 Act; Juvenile Justice Act, 2015, open “irrespective of their religion” (Sections 56(2) and 58)
Guardianship	Father, and after him the mother; custody of a child under five ordinarily with the mother (Section 6, Hindu Minority and Guardianship Act)	Matters of Muslim Personal Law (Shariat Act, Section 2)
Intestate succession	Hindu Succession Act: Class I heirs first; in a Mitakshara family, the daughter of a coparcener is a coparcener by birth since 9 September 2005	Muslim Personal Law (Shariat Act, Section 2), except agricultural land
Wills	Section 30, Hindu Succession Act: by will under the Indian Succession Act, 1925 or other law applicable to Hindus	Part VI of the Indian Succession Act, on wills, does not apply to a Muslim’s property (Section 58(1)), unless he or she married under the Special Marriage Act (Section 21 of that Act)
Interfaith marriage	Not under the Hindu Marriage Act, which is for a marriage “between any two Hindus”	A marriage under the Special Marriage Act, 1954 is open to “any two persons”

Conditions of a valid Hindu marriage

Section 5 of the Hindu Marriage Act says: “A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled”. Under clause (i), “neither party has a spouse living at the time of the marriage”. Under clause (ii), neither party may, at the time of the marriage, be incapable of giving a valid consent because of unsoundness of mind, or be suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, or be subject to recurrent attacks of insanity. Under clause (iii), the bridegroom must have completed twenty-one years and the bride eighteen; these ages were raised from eighteen and fifteen by the Child Marriage Restraint (Amendment) Act, 1978 with effect from 1 October 1978. Under clauses (iv) and (v), the parties must not be within the degrees of prohibited relationship, or be sapindas of each other, “unless the custom or usage governing each of them permits of a marriage between the two”.

The consequences of a breach differ. Under Section 11, a marriage is “null and void” if “it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5”. A marriage in breach of clause (ii) is voidable under Section 12(1)(b), as is a marriage that has not been consummated owing to the impotence of the respondent, one in which consent was obtained by force or by fraud as to the nature of the ceremony or a material fact concerning the respondent, and one in which the respondent was pregnant by some other person at the time of the marriage.

A breach of the age condition does not make the marriage void under the Hindu Marriage Act, but a person who procures his or her own marriage in breach of it is punishable under Section 18(a) with rigorous imprisonment up to two years, or fine up to one lakh rupees, or both; the Prohibition of Child Marriage Act, explained below, also applies. A breach of clause (iv) or (v) is punishable under Section 18(b) with simple imprisonment up to one month, or fine up to one thousand rupees, or both.

Children are protected even where the marriage fails. Under Section 16, a child of a marriage that is void under Section 11 “who would have been legitimate if the marriage had been valid, shall be legitimate”, and a child conceived before a decree annulling a voidable marriage is deemed legitimate. The section does not, however, give such a child rights “in or to the property of any person, other than the parents”. The firm’s article on valid, void and voidable marriages under the Hindu Marriage Act explains these provisions further.

Ceremonies and registration of a Hindu marriage

Section 7(1) of the Hindu Marriage Act says: “A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.” Section 7(2) adds: “Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.” The Act therefore does not prescribe one ceremony for every Hindu marriage; it accepts the customary rites of either party.

Whether the ceremonies were performed can decide a case. In Bhaurao Shankar Lokhande v. State of Maharashtra (1 February 1965), a prosecution for bigamy, the Supreme Court explained that to “solemnize” a marriage means “to celebrate the marriage with proper ceremonies and in due form”, and that a marriage which is not “celebrated or performed with proper ceremonies and due form” cannot be said to be “solemnized”.

Registration is dealt with in Section 8. “For the purpose of facilitating the proof of Hindu marriages”, the State Government may make rules under which the parties can have the particulars of their marriage entered in a Hindu Marriage Register, and it may make the entry compulsory in the State or any part of it, with a fine of up to twenty-five rupees for contravening the rules. Section 8(5) adds that “the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.” The firm’s guide to marriage registration explains the procedure.

Marriage under Muslim law

For Muslims, the requirements and formalities of a valid marriage are matters of Muslim Personal Law, which Section 2 of the Shariat Act makes the rule of decision on “marriage” and “dower” where the parties are Muslims. This guide does not set out those rules. It concentrates on the central Acts that apply to Muslim marriages, which deal mainly with what happens when a marriage breaks down.

Those Acts protect the wife’s mahr or dower. The Muslim Women (Protection of Rights on Divorce) Act, 1986 entitles a divorced woman to “an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim law” (Section 3(1)(c)), and Section 5 of the Dissolution of Muslim Marriages Act, 1939 provides that nothing in that Act affects “any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage”.

Two laws that are not tied to religion are also relevant. The first is maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 of the Code of Criminal Procedure); in Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that Section 125 “applies to all married women including Muslim married women”. The second is the Special Marriage Act, under which two Muslims, or a Muslim and a person of another religion, may choose to marry. The firm’s article on dower (mahr) under Muslim law has more on mahr.

Minimum age of marriage and child marriage

Under Section 5(iii) of the Hindu Marriage Act, the bridegroom must have completed twenty-one years and the bride eighteen. The Prohibition of Child Marriage Act, 2006 (Act No. 6 of 2007), in force from 1 November 2007, “extends to the whole of India” and also applies to citizens of India outside India, with a proviso excluding the Renoncants of the Union territory of Pondicherry. It defines a “child” as a person who, if a male, has not completed twenty-one years of age and, if a female, has not completed eighteen, and a “child marriage” as “a marriage to which either of the contracting parties is a child”.

Under Section 3, every child marriage, “whether solemnised before or after the commencement of this Act”, is “voidable at the option of the contracting party who was a child at the time of the marriage”. Only that party may petition the district court for annulment, and the petition must be filed before he or she completes two years of attaining majority. When it grants a decree of nullity, the court must order the return of the money, valuables, ornaments and other gifts received on the occasion of the marriage, and under Section 4 it may order the male party (or, if he is a minor, his parent or guardian) to pay maintenance to the female party until her remarriage. India Code’s text of the Act also records amendments by Karnataka (Karnataka Act 26 of 2017) and Haryana (Haryana Act 23 of 2022) under which child marriages solemnized on or after the commencement of their amendments are “void ab initio”.

The Act also punishes those involved. A male adult above eighteen years of age who contracts a child marriage (Section 9), whoever “performs, conducts, directs or abets any child marriage” (Section 10), and a parent, guardian or other person in charge of the child who promotes or permits the marriage or negligently fails to prevent it (Section 11) can each be punished with rigorous imprisonment up to two years and a fine up to one lakh rupees (under Section 9, imprisonment or fine or both), although under Section 11 “no woman shall be punishable with imprisonment”. Under Section 12, where a minor child is taken or enticed out of the keeping of the lawful guardian, is by force compelled or by any deceitful means induced to go from any place, or is sold for the purpose of marriage, and is made to go through a form of marriage, or where a minor is married and then sold or trafficked or used for immoral purposes, “such marriage shall be null and void”.

Both personal laws also allow a girl married very young to repudiate the marriage. Under Section 13(2)(iv) of the Hindu Marriage Act, a wife may seek divorce if her marriage, “whether consummated or not”, was solemnized before she attained the age of fifteen and she repudiated it after attaining that age but before attaining eighteen. Under Section 2(vii) of the Dissolution of Muslim Marriages Act, a wife who, “having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years” may obtain a decree, provided the marriage has not been consummated.

Second marriage: monogamy, polygamy and bigamy

For Hindus, a second marriage during the lifetime of a spouse is not allowed. Section 5(i) requires that “neither party has a spouse living at the time of the marriage”, Section 11 makes a marriage in breach of that condition void, and Section 17 provides: “Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly.” Sections 494 and 495 IPC now correspond to Section 82 of the Bharatiya Nyaya Sanhita, 2023. Section 82(1) punishes whoever, “having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife”, with imprisonment up to seven years and fine, and Section 82(2) raises the maximum to ten years where the former marriage was concealed from the person with whom the later marriage is contracted.

The offence does not extend to a person whose earlier marriage has been declared void by a court, or to one whose spouse has been continually absent for seven years and not heard of as alive in that time, provided the true facts are disclosed to the new spouse before the marriage. Following Bhaurao Shankar Lokhande, the second marriage must also have been “solemnized”, that is, performed with the proper ceremonies.

The same rule binds anyone married under the Special Marriage Act. Section 4(a) of that Act requires that “neither party has a spouse living”, and Section 24 makes a marriage in breach of that condition void. Under Section 43, a person who, “being at the time married”, procures a marriage under the Act is deemed to have committed the offence under Section 494 or 495 IPC, and that marriage is void. Under Section 44, a person whose marriage is solemnized under the Act and who, during the lifetime of his or her spouse, “contracts any other marriage” is subject to the penalties of Sections 494 and 495 IPC, “and the marriage so contracted shall be void”.

For Muslims married under Muslim law, the position is different. The Dissolution of Muslim Marriages Act, 1939 refers to a husband who has more than one wife: one of the forms of cruelty for which a wife can obtain a decree is that the husband, “if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran” (Section 2(viii)(f)). The Law Commission of India, in its Report No. 227 (August 2009), described Muslim law as one that “is however believed to permit four marriages during the subsistence of one another”, and it quoted the Supreme Court’s observation in Lily Thomas v. Union of India (2000) that “Even under the Muslim law plurality of marriages is not unconditionally conferred upon the husband.” In the triple talaq case, Shayara Bano v. Union of India (2017), Chief Justice Khehar’s judgment records (paragraph 10) that the hearing was limited at the outset to talaq-e-biddat and that other questions raised in the connected petitions, “such as, polygamy and ‘halala’ (-and other allied matters), would be dealt with separately”.

Whatever her religion, a wife whose husband marries again has a just ground, in maintenance proceedings under Section 144 BNSS, for refusing to live with him. The Explanation to Section 144(3) says: “If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.”

Conversion does not provide a way round the rule for a Hindu who is already married. The Law Commission’s report quotes the Supreme Court in Sarla Mudgal (1995): “Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act”, and “The second marriage by a convert would therefore be in violation of the Act and as such void in terms of Section 494 IPC.” For the spouse who does not convert, the other’s conversion is itself a ground for divorce: Section 13(1)(ii) of the Hindu Marriage Act allows a petition where the other party “has ceased to be a Hindu by conversion to another religion”. The firm’s article Is Polygamy Legal in India? covers this subject in more detail.

Can a Hindu and a Muslim marry each other?

Yes. The Hindu Marriage Act provides only for a marriage “between any two Hindus” (Section 5), so a Hindu and a Muslim cannot marry each other under that Act. The Special Marriage Act, 1954 (Act No. 43 of 1954) provides that “a marriage between any two persons may be solemnized under this Act” if, at the time of the marriage, neither party has a spouse living; neither suffers from the kinds of mental incapacity described in the section; the man has completed twenty-one years and the woman eighteen; and the parties are not within the degrees of prohibited relationship, unless a custom governing at least one of them permits the marriage (Section 4). A Hindu and a Muslim who meet these conditions can therefore marry under that Act.

The procedure begins with a notice to the Marriage Officer of the district in which at least one of the parties has resided for at least thirty days immediately before the notice (Section 5). The notice is entered in the Marriage Notice Book and affixed in a conspicuous place in the office (Section 6). Within thirty days of its publication, any person may object that the marriage would contravene Section 4 (Section 7); the Marriage Officer must decide an objection within thirty days, and if he refuses to solemnize the marriage, either party may appeal to the district court within thirty days (Section 8).

Before the marriage, the parties and three witnesses sign a declaration (Section 11). The marriage may be solemnized in “any form which the parties may choose to adopt”, but it is complete only when each party says the words set out in the Act in the presence of the Marriage Officer and the three witnesses (Section 12). The certificate of marriage is “conclusive evidence of the fact that a marriage under this Act has been solemnized” (Section 13). Sections 15 and 16 also allow a marriage celebrated in another form to be registered under the Act. The firm’s guide to court marriage in Delhi explains the steps in practice.

A marriage under the Act has consequences that a couple should understand before they marry. When a member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion marries under the Act, the marriage “shall be deemed to effect his severance from such family” (Section 19).

Succession to the property of a person whose marriage is solemnized under the Act, and to the property of the children of the marriage, is regulated by the Indian Succession Act, 1925 (Section 21), and the Hindu Succession Act correspondingly does not apply to that property (Section 5(i) of that Act). Where a Hindu, Buddhist, Sikh or Jaina marries a person of one of those religions under the Act, “section 19 and section 21 shall not apply” (Section 21A). When a Hindu and a Muslim marry under the Act, therefore, succession to the property of each of them, and of their children, is governed by the Indian Succession Act.

Divorce is on the grounds in Section 27, or by mutual consent under Section 28 after the parties have lived separately for one year, with the motion made between six and eighteen months after the petition; and a second marriage during the spouse’s lifetime is void and punishable under Section 44. A Muslim woman married and divorced under the Act can also claim maintenance under Section 125 CrPC (now Section 144 BNSS) “in addition to remedies available under the Special Marriage Act” (Mohd. Abdul Samad, 2024).

Divorce under Hindu law

Under Section 13(1) of the Hindu Marriage Act, either the husband or the wife may obtain a decree of divorce on the ground that the other party has committed adultery (clause (i)); has, after the marriage, “treated the petitioner with cruelty” (clause (ia)); has “deserted the petitioner for a continuous period of not less than two years” immediately before the petition (clause (ib)); “has ceased to be a Hindu by conversion to another religion” (clause (ii)); has been incurably of unsound mind, or has been suffering continuously or intermittently from a mental disorder of the kind described in clause (iii); “has been suffering from venereal disease in a communicable form” (clause (v)); “has renounced the world by entering any religious order” (clause (vi)); or “has not been heard of as being alive for a period of seven years or more” by those who would naturally have heard of it (clause (vii)). Clause (iv) was omitted by Act 6 of 2019 with effect from 1 March 2019.

Section 13(1A) gives either party two further grounds: that there has been no resumption of cohabitation for one year or more after a decree for judicial separation, or no restitution of conjugal rights for one year or more after a decree for restitution. Under Section 13(2), a wife has additional grounds: in a marriage solemnized before the Act came into force, that the husband had another wife living, provided that wife is alive when the petition is presented; that the husband has, since the marriage, been guilty of certain sexual offences; that a decree or order for her maintenance has been passed under Section 18 of the Hindu Adoptions and Maintenance Act or Section 125 CrPC (now Section 144 BNSS) and cohabitation has not been resumed for one year or more since; and the repudiation ground explained above.

Divorce by mutual consent is governed by Section 13B. Both parties present the petition together on the ground “that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved”. On the motion of both parties made “not earlier than six months” and “not later than eighteen months” after the petition, if it has not been withdrawn, the court, after hearing the parties and making such inquiry as it thinks fit, passes a decree of divorce. Section 14 bars a divorce petition within one year of the marriage, although the court may, on an application made under rules framed by the High Court, allow one to be presented earlier. Either party may marry again once there is no right of appeal against the decree, or the time for appeal has expired without an appeal, or an appeal has been dismissed (Section 15). The firm’s guide on how to take mutual divorce explains the procedure.

Short of divorce, the Act provides two other remedies. Where a spouse has, “without reasonable excuse, withdrawn from the society of the other”, the other may petition the district court for restitution of conjugal rights (Section 9). Either spouse may seek judicial separation on any ground in Section 13(1), and a wife also on the grounds in Section 13(2) (Section 10). As the Supreme Court explained in Krishna Bhatacharjee v. Sarathi Choudhury (20 November 2015), “A decree or an order for judicial separation permits the parties to live apart”, but “The decree however, does not sever or dissolve the marriage.” See the firm’s guide to judicial separation.

Divorce under Muslim law

Section 2 of the Shariat Act names talaq, ila, zihar, lian, khula and mubaraat among the forms of “dissolution of marriage” on which Muslim Personal Law is the rule of decision where the parties are Muslims. The requirements of each form are matters of Muslim Personal Law and are not set out in this guide. Two central Acts add to that law: the Dissolution of Muslim Marriages Act, 1939, under which a wife can obtain a decree from the court, and the Muslim Women (Protection of Rights on Marriage) Act, 2019, which deals with instant talaq and is explained in the next section.

The 1939 Act (Act No. 8 of 1939) was passed, in the words of its long title, “to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie”.

Under Section 2, a woman married under Muslim law may obtain a decree on any one or more of nine grounds: that the whereabouts of the husband have not been known for four years; that he has neglected or failed to provide for her maintenance for two years; that he has been sentenced to imprisonment for seven years or more; that he has failed, without reasonable cause, to perform his marital obligations for three years; that he was impotent at the time of the marriage and continues to be so; that he has been insane for two years or is suffering from “a virulent venereal disease” (the words “leprosy or”, which preceded them, were omitted by Act 6 of 2019 with effect from 1 March 2019); the repudiation ground for a girl given in marriage before fifteen, explained above; cruelty; and “any other ground which is recognised as valid for the dissolution of marriages under muslim law”.

Cruelty, under clause (viii), covers a husband who habitually assaults his wife or makes her life miserable by cruelty of conduct even if it does not amount to physical ill-treatment; associates with women of evil repute or leads an infamous life; attempts to force her to lead an immoral life; disposes of her property or prevents her exercising her legal rights over it; obstructs her in the observance of her religious profession or practice; or, having more wives than one, does not treat her equitably. Three provisos protect the husband: no decree is passed on the ground of imprisonment until the sentence has become final; a decree on the ground that his whereabouts are unknown does not take effect for six months, and is set aside if he appears in that time and satisfies the court that he is prepared to perform his conjugal duties; and before a decree on the ground of impotence, the court must, on his application, give him one year to show that he has ceased to be impotent.

Section 4 settles the effect of a wife’s change of religion: “The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage”, although she may then obtain a decree on any of the grounds in Section 2. This does not apply to a woman who had converted to Islam from another faith and re-embraces her former faith. Section 5 preserves her right to dower on dissolution. Under Hindu law, by contrast, the other spouse’s conversion is itself a ground for divorce (Section 13(1)(ii) of the Hindu Marriage Act). For practical guidance, see the firm’s article on Muslim divorce.

Triple talaq: the 2017 judgment and the 2019 Act

In Shayara Bano v. Union of India (22 August 2017), a bench of five judges (Chief Justice Khehar and Justices Kurian Joseph, Nariman, Lalit and Abdul Nazeer) considered talaq-e-biddat, which the Statement of Objects and Reasons printed with the 2019 Act in India Code (dated 15 December 2017) describes as “three pronouncements of talaq, at one and the same time”. The order of the Court reads: “In view of the different opinions recorded, by a majority of 3:2 the practice of ‘talaq-e-biddat’ – triple talaq is set aside.”

Parliament then enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019 (Act No. 20 of 2019), dated 31 July 2019, which “shall be deemed to have come into force on the 19th day of September, 2018”. It defines “talaq” as “talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband” (Section 2(c)). Section 3 provides: “Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.” Under Section 4, a husband who pronounces such talaq is punishable with imprisonment up to three years and is also liable to fine.

The Act also protects the wife. She is entitled to a subsistence allowance for herself and her dependent children, of an amount determined by the Magistrate (Section 5), and to custody of her minor children “in such manner as may be determined by the Magistrate” (Section 6). The offence is cognizable if information is given to the police by the wife or by “any person related to her by blood or marriage”; it is compoundable at her instance with the permission of the Magistrate; and an accused may be released on bail only if the Magistrate, after hearing the wife, is satisfied that there are reasonable grounds for granting bail (Section 7). Because of the definition in Section 2(c), the Act deals with talaq having the effect of instantaneous and irrevocable divorce.

In Mohd. Abdul Samad v. State of Telangana (10 July 2024), the Supreme Court held that a woman subjected to such an illegal divorce may seek a subsistence allowance under Section 5 of the 2019 Act or, at her option, maintenance under Section 125 CrPC (now Section 144 BNSS), and that the 2019 Act provides a remedy “in addition to and not in derogation of Section 125 of the CrPC”.

Maintenance: a Hindu wife and a Muslim wife

A Hindu wife, “whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time” (Section 18(1), Hindu Adoptions and Maintenance Act, 1956). She may live separately without forfeiting that claim if the husband is guilty of desertion; has treated her with such cruelty as to cause a reasonable apprehension that it would be harmful or injurious to live with him; has any other wife living; keeps a concubine in the same house or habitually resides with one elsewhere; or has ceased to be a Hindu by conversion; or if there is “any other cause justifying her living separately” (Section 18(2)). She is not entitled to separate residence and maintenance if she is unchaste or ceases to be a Hindu by conversion (Section 18(3)).

In proceedings under the Hindu Marriage Act, either spouse can claim. Under Section 24, where the wife or the husband “has no independent income sufficient for her or his support and the necessary expenses of the proceeding”, the court may order the other to pay those expenses and a monthly sum during the proceeding, and the application is, as far as possible, to be disposed of within sixty days from service of notice. Under Section 25, at the time of the decree or later, the court may order permanent alimony, as a gross sum or a monthly or periodical sum for a term not exceeding the applicant’s life, having regard to the income and property of both parties, their conduct and the other circumstances of the case, and it may vary or rescind the order if circumstances change.

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC) is a separate remedy before a Magistrate. It applies to any person “having sufficient means” who neglects or refuses to maintain “his wife, unable to maintain herself”, or his legitimate or illegitimate child, and the Explanation provides that “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. The Magistrate can also order interim maintenance, and an application for it is, as far as possible, to be disposed of within sixty days from service of notice. In Mohd. Abdul Samad, decided under Section 125 CrPC, the Supreme Court held that the provision “applies to all married women including Muslim married women” and “applies to all non-Muslim divorced women”.

For divorced Muslim women, the law developed in stages. In Mohd. Ahmed Khan v. Shah Bano Begum (1985), a bench of five judges unanimously held, as summarised by the Supreme Court in Mohd. Abdul Samad, that a Muslim husband’s obligation to maintain a divorced wife who is unable to maintain herself is not affected by personal law and that the remedy under Section 125 CrPC “is always available”. Parliament then enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act No. 25 of 1986).

Section 3(1) of the 1986 Act entitles a divorced woman to “a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband”; where she herself maintains the children born to her, a reasonable and fair provision and maintenance for them for two years from their respective dates of birth; the amount of her mahr or dower; and all the properties given to her before, at or after the marriage by her relatives or friends, or by the husband or his relatives or friends. Section 2(b) defines the iddat period as three menstrual courses after the divorce if she is subject to menstruation, three lunar months if she is not, and, if she is pregnant at the time of divorce, the period until the delivery of her child or the termination of the pregnancy, whichever is earlier.

If the provision, mahr or properties are not paid or delivered, she can apply to a Magistrate, who is to make an order within one month of the application unless that is impracticable, and who can enforce the order by warrant and by imprisonment of up to one year (Section 3(2) to (4)). If she has not remarried and cannot maintain herself after the iddat period, the Magistrate can order the relatives who would inherit her property to maintain her (where she has children, only the children, and if they cannot pay, her parents) and, where the relatives cannot pay, the State Wakf Board (Section 4). Under Section 5, the woman and her former husband may declare at the first hearing, jointly or separately, that they prefer to be governed by Sections 125 to 128 CrPC (now Sections 144 to 147 BNSS).

A Constitution Bench upheld the 1986 Act in Danial Latifi v. Union of India (2001). Its conclusions, reproduced in Mohd. Abdul Samad, settle how the Act is read: a Muslim husband is liable to make a reasonable and fair provision for the future of his divorced wife, “which obviously includes her maintenance as well”; “Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period”; his liability under Section 3(1)(a) “is not confined to the iddat period”; a divorced woman who has not remarried and cannot maintain herself after the iddat period can proceed under Section 4 against her relatives and, if they cannot pay, the State Wakf Board; and “The provisions of the Act do not offend Articles 14, 15 and 21 of the Constitution of India.”

Finally, in Mohd. Abdul Samad v. State of Telangana (10 July 2024), Justices B.V. Nagarathna and Augustine George Masih held that a Muslim woman married and divorced under Muslim law can use either law or both: “Option lies with the Muslim divorced women to seek remedy under either of the two laws or both laws. This is because the 1986 Act is not in derogation of Section 125 of the CrPC but in addition to the said provision.” Where she uses both, an order under the 1986 Act is taken into consideration under Section 127(3)(b) CrPC (Section 127 now corresponds to Section 146 BNSS). In Justice Masih’s words, the two rights “parallelly exist in their distinct domains”. The firm’s maintenance case FAQs explain the procedure.

Adoption: Hindu law and the position of Muslims

For Hindus, adoption is governed by the Hindu Adoptions and Maintenance Act, 1956 (Act No. 78 of 1956). Under Section 5(1), no adoption may be made by or to a Hindu “except in accordance with the provisions contained in this Chapter”, and an adoption made in contravention of them “shall be void”. A valid adoption needs a person with the capacity and the right to take in adoption, a person with the capacity to give, a child capable of being adopted, and compliance with the other conditions (Section 6).

Any Hindu man or woman of sound mind who is not a minor may adopt a son or a daughter, but a man who has a wife living needs her consent (the consent of all the wives, if there is more than one), and a woman who has a husband living needs his consent, unless the spouse has completely and finally renounced the world, has ceased to be a Hindu or has been declared by a court to be of unsound mind (Sections 7 and 8; Section 8 was substituted by Act 30 of 2010 with effect from 31 August 2010).

Only the father, the mother or the guardian can give a child in adoption; the father and the mother have an equal right, each needing the other’s consent, and a guardian may give a child in adoption, in the situations listed in Section 9(4), only with the previous permission of the court (Section 9). The child must be a Hindu, must not already have been adopted, and must be unmarried and under fifteen unless a custom or usage applicable to the parties permits otherwise (Section 10).

Section 11 adds further conditions: a person adopting a son must not have a Hindu son, son’s son or son’s son’s son living, and a person adopting a daughter must not have a Hindu daughter or son’s daughter living; a man adopting a girl, or a woman adopting a boy, must be at least twenty-one years older than the child; and the child must be actually given and taken in adoption, although “the performance of datta homam shall not be essential to the validity of an adoption”.

From the date of adoption, the child “shall be deemed to be the child of his or her adoptive father or mother for all purposes”, and all the ties of the child in the family of birth are “severed and replaced by those created by the adoption in the adoptive family” (Section 12). A valid adoption cannot be cancelled (Section 15), and when a registered document recording an adoption, signed by the persons giving and taking the child, is produced before a court, the court presumes that the adoption complied with the Act “unless and until it is disproved” (Section 16).

This Act applies only to the persons described in its Section 2, and the child must be a Hindu, so a Muslim cannot adopt under it. Adoption is not one of the matters listed in Section 2 of the Shariat Act; Section 3 adds it only for a declarant under that section. The route open to Muslims, as to everyone else, is the Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016). Adoption under that Act “shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children” (Section 56(1)); “Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority” (Section 56(2)); and Indian prospective adoptive parents living in India, “irrespective of their religion”, may apply to a Specialised Adoption Agency to adopt an orphan, abandoned or surrendered child (Section 58(1)). The Act does not apply to adoptions made under the Hindu Adoptions and Maintenance Act (Section 56(3)).

Under Section 57, prospective adoptive parents must be “physically fit, financially sound, mentally alert and highly motivated to adopt a child”; a couple needs the consent of both spouses; a single or divorced person may adopt, subject to the criteria in the adoption regulations; and “A single male is not eligible to adopt a girl child.” A child in respect of whom the District Magistrate issues an adoption order becomes the child of the adoptive parents “as if the child had been born to the adoptive parents, for all purposes, including intestacy”, and the ties with the birth family are severed (Section 63).

In Shabnam Hashmi v. Union of India (19 February 2014), decided by Chief Justice P. Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh under the earlier Juvenile Justice Act of 2000, as amended, the Supreme Court described that Act as “an enabling legislation” “that gives a prospective parent the option of adopting an eligible child”. It said that “the Act is a small step in reaching the goal enshrined by Article 44 of the Constitution”, that “Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute”, and that “an optional legislation that does not contain an unavoidable imperative cannot be stultified by principles of personal law”, which, it added, would always continue to govern any person who chooses to submit to it until a uniform civil code is achieved. The Court declined, however, to raise the right to adopt to the status of a fundamental right, saying that “the present is not an appropriate time and stage” for that. See the firm’s guides to the adoption procedure in India and the Juvenile Justice Act, 2015.

Guardianship and custody of children

For Hindus, Section 6 of the Hindu Minority and Guardianship Act, 1956 (Act No. 32 of 1956) names the natural guardians of a minor, in respect of the minor’s person and property other than an undivided interest in joint family property. For a boy or an unmarried girl, the natural guardian is “the father, and after him, the mother”, with the proviso that “the custody of a minor who has not completed the age of five years shall ordinarily be with the mother”; for an illegitimate boy or an illegitimate unmarried girl, the mother and after her the father; and for a married girl, the husband.

A person who has ceased to be a Hindu, or has completely and finally renounced the world by becoming a hermit or an ascetic, cannot act as natural guardian, and “father” and “mother” do not include a step-father and a step-mother. A “minor” under the Act is a person who has not completed eighteen years. Under Section 13, “the welfare of the minor shall be the paramount consideration” when a court appoints or declares a guardian, and no one is entitled to guardianship if the court considers that it will not be for the minor’s welfare. Section 2 makes the Act “in addition to, and not, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 1890”.

For Muslims, “guardianship” is one of the matters on which Section 2 of the Shariat Act makes Muslim Personal Law the rule of decision, and this guide does not set out those rules. Where a husband pronounces talaq in breach of the 2019 Act, the wife “shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate” (Section 6 of that Act).

Succession and inheritance

The Hindu Succession Act, 1956 (Act No. 30 of 1956) governs intestate succession among Hindus. Under Section 8, the property of a male Hindu dying intestate goes first to the heirs in Class I of the Schedule, then to those in Class II, then to agnates and lastly to cognates. Class I now has sixteen heirs, including the son, the daughter, the widow and the mother; four great-grandchildren were added to the list by the Hindu Succession (Amendment) Act, 2005. Class I heirs “take simultaneously and to the exclusion of all other heirs” (Section 9): the widow, or all the widows together, take one share, and the surviving sons, daughters and mother each take one share (Section 10).

The 2005 Act, which came into force on 9 September 2005, also substituted Section 6. In a joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall “by birth become a coparcener in her own right in the same manner as the son”, with the same rights and liabilities in the coparcenary property, subject to a saving for any disposition, alienation, partition or testamentary disposition made before 20 December 2004. In Vineeta Sharma v. Rakesh Sharma (2020), a bench of three judges held that the substituted Section 6 confers the status of coparcener “on the daughter born before or after the amendment in the same manner as son with same rights and liabilities”, and that “it is not necessary that father coparcener should be living as on 9-9-2005”.

A female Hindu holds her property “as full owner thereof and not as a limited owner” (Section 14(1)), and if she dies intestate, her property passes first to her sons and daughters (including the children of any pre-deceased son or daughter) and her husband, subject to special rules for property she inherited from her parents or from her husband or father-in-law (Section 15). The firm’s guides to the Hindu Succession Act and to claiming a share in ancestral property explain these rules.

For Muslims, Section 2 of the Shariat Act makes Muslim Personal Law the rule of decision on “intestate succession” and on the “special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law”, except in questions relating to agricultural land. The Indian Succession Act’s Part on intestate succession does not apply to them: Section 29(1) of that Act says that the Part shall not apply “to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina”. Who inherits from a Muslim, and in what shares, is therefore decided by Muslim Personal Law, and those rules are outside the scope of this guide.

The position changes if the person married under the Special Marriage Act: as explained above, succession to his or her property, and to the property of the children of the marriage, is then governed by the Indian Succession Act (Section 21), unless Section 21A applies.

Wills

Section 30 of the Hindu Succession Act provides: “Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus.” Its Explanation makes the interest of a male Hindu in Mitakshara coparcenary property capable of being disposed of by will. On the side of the Indian Succession Act, Section 57 applies the provisions listed in its Schedule III, with the restrictions and modifications stated there, to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after 1 January 1927, and to some earlier wills connected with particular territories.

Part VI of the Indian Succession Act, which deals with testamentary succession, does not apply to a Muslim’s property: Section 58(1) says that “The provisions of this Part shall not apply to testamentary succession to the property of any Muhammadan”. The position is different for a Muslim who has married under the Special Marriage Act. Section 21 of that Act provides that, notwithstanding the restrictions in the Indian Succession Act on its application to members of certain communities, succession to the property of a person whose marriage is solemnized under it, and to the property of the children of the marriage, is regulated by the Indian Succession Act (see above). The rules that govern a Muslim’s will, including how much may be left by will and to whom, are outside the scope of this guide.

हिंदू और मुस्लिम विवाह में अंतर (Hindu vs Muslim law) – हिंदी में

भारत में विवाह, तलाक, भरण-पोषण, गोद लेने और उत्तराधिकार के मामलों में हिंदुओं और मुसलमानों पर अलग-अलग कानून लागू होते हैं। हिंदुओं (और बौद्ध, जैन व सिख) पर हिंदू विवाह अधिनियम, 1955, हिंदू उत्तराधिकार अधिनियम, 1956, Hindu Adoptions and Maintenance Act, 1956 और Hindu Minority and Guardianship Act, 1956 लागू होते हैं। मुसलमानों के लिए Muslim Personal Law (Shariat) Application Act, 1937 की धारा 2 कहती है कि जहाँ पक्षकार मुसलमान हों, वहाँ विवाह, विवाह-विघटन (तलाक, इला, ज़िहार, लिआन, खुला और मुबारात सहित), भरण-पोषण, मेहर, संरक्षकता और बिना वसीयत उत्तराधिकार जैसे मामलों में मुस्लिम पर्सनल लॉ (शरीयत) लागू होगा; कृषि भूमि से जुड़े प्रश्न इससे बाहर हैं।

हिंदू विवाह अधिनियम की धारा 5 के अनुसार विवाह के समय किसी भी पक्ष का पति या पत्नी जीवित नहीं होना चाहिए; कोई भी पक्ष चित्त-विकृति के कारण वैध सहमति देने में असमर्थ, या ऐसे मानसिक विकार से ग्रस्त नहीं होना चाहिए जो उसे विवाह और संतानोत्पत्ति के अयोग्य बना दे, और न ही उसे बार-बार उन्मत्तता के दौरे पड़ते हों; वर की आयु 21 वर्ष और वधू की आयु 18 वर्ष पूरी होनी चाहिए; और दोनों प्रतिषिद्ध नातेदारी की डिग्रियों में या एक-दूसरे के सपिंड नहीं होने चाहिए, जब तक कि दोनों पर लागू रूढ़ि या प्रथा इसकी अनुमति न दे। धारा 7 के अनुसार विवाह किसी भी पक्ष के रूढ़िगत रीति-रिवाजों से हो सकता है; जहाँ सप्तपदी होती है, वहाँ सातवाँ पग पूरा होने पर विवाह पूर्ण और बाध्यकारी हो जाता है। मुस्लिम विवाह की शर्तें मुस्लिम पर्सनल लॉ से तय होती हैं। बाल विवाह प्रतिषेध अधिनियम, 2006 पूरे भारत पर लागू होता है और 21 वर्ष से कम आयु के पुरुष तथा 18 वर्ष से कम आयु की महिला को “बालक” मानता है; ऐसा विवाह उस पक्ष के विकल्प पर शून्यकरणीय है जो विवाह के समय बालक था।

पहले पति या पत्नी के जीवित रहते हिंदू का दूसरा विवाह शून्य है और भारतीय न्याय संहिता, 2023 की धारा 82 के तहत सात वर्ष तक के कारावास (पहला विवाह छिपाने पर दस वर्ष तक) और जुर्माने से दंडनीय है। Dissolution of Muslim Marriages Act, 1939 के अनुसार यदि एक से अधिक पत्नियों वाला पति पत्नी के साथ क़ुरान के निर्देशों के अनुसार समान व्यवहार नहीं करता, तो पत्नी अदालत से विवाह-विघटन की डिक्री माँग सकती है; तीन तलाक मामले (शायरा बानो, 2017) में मुख्य न्यायाधीश खेहर का निर्णय दर्ज करता है कि सुनवाई तलाक-ए-बिद्दत तक सीमित रखी गई थी और बहुविवाह व हलाला जैसे प्रश्नों पर अलग से विचार किया जाएगा। “क्या हिंदू-मुस्लिम विवाह कानूनी है?” – हिंदू विवाह अधिनियम केवल दो हिंदुओं के बीच विवाह पर लागू होता है, लेकिन हिंदू और मुसलमान विशेष विवाह अधिनियम, 1954 (Special Marriage Act) के तहत विवाह कर सकते हैं, जो “किन्हीं भी दो व्यक्तियों” के बीच विवाह की व्यवस्था करता है। ऐसे विवाह में दंपति और उनके बच्चों की संपत्ति का उत्तराधिकार भारतीय उत्तराधिकार अधिनियम, 1925 से तय होता है।

हिंदू विवाह अधिनियम की धारा 13 के तहत व्यभिचार, क्रूरता, दो वर्ष का परित्याग, धर्म-परिवर्तन, असाध्य मानसिक विकार आदि आधारों पर तलाक मिलता है, और धारा 13B के तहत एक वर्ष या अधिक अलग रहने के बाद आपसी सहमति से। मुस्लिम पत्नी 1939 के अधिनियम की धारा 2 के आधारों पर – जैसे चार वर्ष तक पति का पता न होना, दो वर्ष तक भरण-पोषण न देना, सात वर्ष या अधिक के कारावास का दंडादेश, तीन वर्ष तक बिना उचित कारण वैवाहिक दायित्व न निभाना या क्रूरता – अदालत से विवाह-विघटन की डिक्री ले सकती है। सुप्रीम कोर्ट ने शायरा बानो (22 अगस्त 2017) में 3:2 के बहुमत से तलाक-ए-बिद्दत (तीन तलाक) को रद्द किया, और Muslim Women (Protection of Rights on Marriage) Act, 2019 ने तत्काल और अपरिवर्तनीय तलाक को शून्य और अवैध घोषित करके तीन वर्ष तक के कारावास और जुर्माने से दंडनीय बनाया; पत्नी अपने और आश्रित बच्चों के लिए निर्वाह भत्ता और नाबालिग बच्चों की अभिरक्षा पा सकती है।

तलाकशुदा मुस्लिम महिला Muslim Women (Protection of Rights on Divorce) Act, 1986 के तहत इद्दत अवधि के भीतर पूर्व पति से “उचित और न्यायसंगत” प्रावधान और भरण-पोषण, मेहर की राशि और अपनी संपत्तियाँ पाने की हकदार है; दानियल लतीफ़ी (2001) के अनुसार इद्दत के बाद के समय के लिए भी यह प्रावधान इद्दत अवधि के भीतर ही किया जाना चाहिए। मोहम्मद अब्दुल समद (2024) में सुप्रीम कोर्ट ने कहा कि वह 1986 के अधिनियम या CrPC की धारा 125 (अब BNSS की धारा 144), या दोनों के तहत उपाय माँग सकती है।

हिंदू दत्तक ग्रहण का कानून केवल हिंदुओं पर लागू होता है; भारत में रहने वाले भारतीय भावी दत्तक माता-पिता, धर्म चाहे जो हो, किशोर न्याय अधिनियम, 2015 के तहत अनाथ, परित्यक्त या सौंपे गए बच्चे को गोद ले सकते हैं। हिंदू उत्तराधिकार अधिनियम के तहत 9 सितंबर 2005 से मिताक्षरा संयुक्त परिवार में सहदायिक की बेटी जन्म से बेटे की तरह सहदायिक (coparcener) होती है, जबकि मुसलमानों के बिना वसीयत उत्तराधिकार पर मुस्लिम पर्सनल लॉ लागू होता है।

Frequently asked questions

Conclusion

Hindu law on marriage, adoption, guardianship and succession is set out in detail in the Acts of 1955 and 1956, which lay down the conditions and ceremonies of marriage, the grounds of divorce, the rules of adoption and the order of heirs. For Muslims, Section 2 of the Shariat Act makes Muslim Personal Law the rule of decision on the matters it lists, and particular questions have been dealt with by statute: a wife’s suit for dissolution by a central Act of 1939, and the rights of a divorced woman and instant talaq by Acts of Parliament of 1986 and 2019. Some laws are not tied to religion at all: maintenance under Section 144 BNSS, adoption under the Juvenile Justice Act, and marriage under the Special Marriage Act, under which a Hindu and a Muslim can marry each other. Because so much turns on the detail, any particular question should start from the provisions cited above.

Sources used for this post: the Hindu Marriage Act, 1955 (Punjab and Haryana High Court’s copy, with amendments up to Act 6 of 2019); the Hindu Succession Act, 1956 (Gazette of India, 18 June 1956) and the Hindu Succession (Amendment) Act, 2005 (Act 39 of 2005, as republished in the Gazette of Meghalaya); the Hindu Adoptions and Maintenance Act, 1956, the Hindu Minority and Guardianship Act, 1956, the Dissolution of Muslim Marriages Act, 1939, the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Muslim Women (Protection of Rights on Marriage) Act, 2019, the Prohibition of Child Marriage Act, 2006, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Indian Succession Act, 1925 and the Special Marriage Act, 1954 (India Code); the Muslim Personal Law (Shariat) Application Act, 1937 (Uttar Pradesh State Women Commission’s copy); the Bharatiya Nyaya Sanhita, 2023, Section 82 and the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 144 to 147 (the firm’s section-by-section data checked against the Gazette text); Law Commission of India, Report No. 227 (August 2009), for its description of Muslim law and the passages it quotes from Sarla Mudgal (1995) and Lily Thomas v. Union of India (2000); the Governor of Uttarakhand’s notification bringing the Uniform Civil Code, Uttarakhand, 2024 into force; the Supreme Court of India’s own copies of Bhaurao Shankar Lokhande v. State of Maharashtra (1 February 1965), Ganduri Koteshwaramma v. Chakiri Yanadi (12 October 2011), Krishna Bhatacharjee v. Sarathi Choudhury (20 November 2015), Shayara Bano v. Union of India (22 August 2017), Vineeta Sharma v. Rakesh Sharma (2020, conclusions as reproduced in the Court’s order of 5 September 2023) and Mohd. Abdul Samad v. State of Telangana (10 July 2024, which also records Mohd. Ahmed Khan v. Shah Bano Begum and the conclusions of Danial Latifi v. Union of India); and the Central Adoption Resource Authority’s copy of Shabnam Hashmi v. Union of India (19 February 2014).