The law governing Marriage, Divorce, Maintenance, Adoption, Guardianship and Custody of Children, Joint Family Property and Succession and Inheritance to property, whether by will or through intestate succession, is collectively called Family Law. In India since Family Law is a mix of secular law i.e. law which applies regardless of a person’s religion or community, and personal laws i.e. laws which apply based on a person’s religion or community, it is termed ‘Family and Personal Laws’.
Thus the reader may, from a secular perspective, study the rulings under: In Vol. 1 1. Family and Personal Laws — Generally 2. Marriage, Divorce, Other Unions and Children 3. Adoption 4. Guardians and Wards 5. Maintenance and Financial Provision/Alimony/Palimony 6. Judicial Intervention/Family Courts/Judges/Ofﬁ cers 8. Family Property, Succession and Inheritance Thereafter, these very topics have been treated Personal Law wise: In Vol. 2 10. Christian Law In Vols. 2 & 3 11. Hindu Law In Vol. 4 12. Muslim Law 13. Parsi Law
A detailed study of all of the Personal Family Laws suggests that apart from an inequitable, unequal and discriminatory treatment of women across almost all Personal Laws, there is much uniformity in the Personal Laws. Would not the mandate of Article 13 that “all laws in force in the territory of Indian immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of Part III, shall, to the extent of such inconsistency, be void”, come to the aid of such women, at least to the extent that any Personal Law violates Articles 14 and 15 of the Constitution?