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20 Essential Family Law Terms Every CLAT, Judiciary & UPSC Aspirant Must Know
- The Law Gurukul
- Jun 19
- 2 min read
Introduction
Family law governs the most personal aspects of our lives - marriage, divorce, inheritance, and child custody. For CLAT, judiciary, and UPSC aspirants, mastering these terms is crucial not just for exams but also for understanding everyday legal matters affecting families across India.
In Part 5 of our "Legal Lexicon" series, we simplify 20 fundamental family law concepts from Hindu, Muslim, and secular laws, with clear definitions and real-world examples.
1. Marriage vs. Void Marriage
Definition:
Valid Marriage: Meets all legal requirements (age, consent, etc.)
Void Marriage: Invalid from beginning (e.g., bigamy under Hindu law)
Key Laws:
✔ Hindu Marriage Act, 1955 (Section 11)
✔ Special Marriage Act, 1954 (Section 24)
2. Divorce Grounds (HMA Section 13)
Common Grounds:
Adultery
Cruelty
Desertion (2+ years)
Conversion to another religion
Example: Wife can seek divorce if husband demands dowry (considered cruelty)
3. Alimony/Maintenance
Definition: Financial support post-divorce
Governing Laws:
✔ Section 125 CrPC (for all religions)
✔ Hindu Marriage Act (Section 25)
✔ Muslim Women Act, 1986
4. Child Custody Types
Physical Custody: With whom child lives
Legal Custody: Decision-making rights
Joint Custody: Shared parenting
Best Interest Principle guides all custody decisions
5. Adoption (HAMA & JJ Act)
Key Requirements:
Child below 18 years
Adoptive parents must be sound mind + financially stable
Consent of biological parents (if known)
6-20: Key Family Law Terms
Term | Definition | Governing Law | Example |
6. Restitution of Conjugal Rights | Court order to resume married life | HMA Section 9 | Rarely granted today |
7. Dowry (Section 498A IPC) | Illegal demand of property/money | Dowry Prohibition Act | 7,000+ cases filed annually |
8. Irretrievable Breakdown | New divorce ground (not codified yet) | Supreme Court precedents | Marriage beyond repair |
9. Prenuptial Agreement | Pre-marriage financial agreement | Not legally binding (except Goa) | Popular among NRIs |
10. Mutual Divorce | Both parties agree to separate | HMA Section 13B | 6-18 months cooling period |
11. Guardianship | Legal responsibility for minor | Guardians and Wards Act | Grandparents seeking custody |
12. Inheritance Rights | Property succession rules | Hindu Succession Act/Muslim law | Daughter's equal share (2005 amendment) |
13. Live-in Relationships | Rights of cohabiting couples | Domestic Violence Act applies | Protection from abuse |
14. Khula (Muslim Law) | Wife-initiated divorce | Muslim Personal Law | Returning mahr (dower) |
15. Maintenance (Section 125 CrPC) | Financial support for dependents | Criminal Procedure Code | ₹10,000 monthly to estranged wife |
16. Bigamy | Illegal second marriage | IPC Section 494 | Hindu man marrying twice |
17. Child Support | Parental financial responsibility | Various laws | ₹15,000/month school fees |
18. Domestic Violence | Physical/emotional/economic abuse | PWDVA, 2005 | Can get protection orders |
19. Will vs. Intestate Succession | With vs without testament | Indian Succession Act | 70% Indians die without will |
20. Surrogacy | Assisted reproduction | Surrogacy Regulation Act | Only for married couples |
Why These Terms Matter?
✅ Exam Weightage:
CLAT: 6-8 questions annually
Judiciary: 12-15% weightage
UPSC: Questions on gender justice, uniform civil code
✅ Real-Life Relevance:
Marriage/divorce proceedings
Inheritance disputes
Child custody matters
Landmark Cases to Study
Shah Bano Case (maintenance rights)
Shayara Bano (triple talaq judgment)
Vishaka Guidelines (sexual harassment)
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