India: Family Law

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
Delhi High Court Reaffirms The Right Of Consenting Adults To Live-In Relationships Free From Familial Interference
The Delhi High Court, in Uma Bharti & Anr. v. The Government of NCT of Delhi & Ors. [W.P.(CRL) 2429/2026], directed local police to protect a live-in couple whose relationship was opposed by the woman’s father and brother. The order, passed by Hon’ble Mr. Justice Saurabh Banerjee on 13.08.2026, reaffirms that a consenting adult’s choice to reside with a partner of their choosing remains constitutionally protected, irrespective of familial or societal disapproval.
India Family
IL
IndiaLaw LLP
Article
Supreme Court Clarifies Inheritance Rights Where Property Is Jointly Held In The Names Of Two Widows Under The Indian Succession Act, 1925
The Supreme Court has clarified how property registered in the joint names of two wives of a common husband should be treated for succession purposes under the Indian Succession Act, 1925. In a case involving a 1959 property purchase where the husband provided consideration but registered the land in his two wives' names, the Court held that the property vested in the wives themselves, not the husband. The judgment demonstrates how Sections 33, 35 and 38 of the Act must be applied sequentially and separatel
India Family
MH
Mansukhlal Hiralal & Co.
Article
Clocking Out The Three-Month Rule: What The Supreme Court’s Adoption Leave Ruling Means For Corporate India
In Hamsaanandini Nanduri v Union of India, the Supreme Court examined whether adoptive mothers could be denied maternity benefit merely because the adopted child was older than three months. The challenge was first mounted against the Maternity Benefit Act, 1961 (“the Act”), but after the Code on Social Security, 2020 (“the Code”) came into force on November 21, 2025, the Court treated the Code as the operative provision.
India Employment
AP
AK & Partners
Article
Gift Deeds Executed By Senior Citizens Are Voidable Under Section 23 Of The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 Despite Absence Of An Express Maintenance Clause
The Bombay High Court in its decision in Raviprakash R. Sodhani and Anr. v. Ram Swaroop Sodhani and Ors. observed that a gift deed executed by a senior citizen can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ...
India Family
MM
M Mulla Associates
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