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VOL. 12, ISSUE 3 (2026)
Family law in India: Balancing tradition, gender and modernity
Authors
Suvra Chatterjee Saha
Abstract
The importance of family law in India can come from its characteristics as a unique legal system that should be taken to address the resolution of conflicts emanating from various religions, national principles, and social trends. To be exact, it addresses the special problems posed in the legal sphere by the family law system. From periodical textual resources and the established forms of social practice for family laws, they appear to have transformed a great deal due to the colonial regulations, the incorporated policies, and the judicial practices alike. It is indeed the Indian family law and it is in this context that this paper reviews the developments in the laws pertaining to marriage and divorce, inheritance, adoption and guardianship from the earliest records of the Vedic texts up to the current times after independence. The study will look at these laws in the constitution of India and take into account concepts close to family law in regards to the Constitution of India such as affirmative action, equality, secularism and social justice. The study also investigates how those legislative changes and judges’ precedents have been able to address gender concerns especially with respect to maintenance laws, inheritance, domestic violence, subordination, and personal development. Further issues are also explored which include UID, legal fragmentation, changes in machinery relations, mixed-faith marriages, options of live-in situations, ART and how LGBTI issues manifest in the field of family law, only serve to demonstrate how family law is and ought to be always changing. It is emphasized in this article's ending that not all has been done and some difficult issues have to be resolved before the principles of the family law can be in-line with the principles contained in the Constitution of India. In order to achieve this, there is a need for persuasive judicial interpretations through constant developments in the legislative structure and participative approach in the development of legal frameworks since in the end it is the people that the law is supposed to protect’ s justice that will prevail in the family law of India.
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Pages:201-205
How to cite this article:
Suvra Chatterjee Saha "Family law in India: Balancing tradition, gender and modernity". International Journal of Law, Vol 12, Issue 3, 2026, Pages 201-205
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