STATEMENT OF THE PROBLEM / PURPOSE

Family Laws in India have been founded on the basis of the personal laws of the
religious diaspora which forms Indian society. Lawmaking and adjudication of
private laws was seen as a crucial part of the 'rule of law' in India since colonial
times. The colonial norm of labeling community practices as ‘religious’ personal
laws served to create mutually exclusive and hostile communities. Hence, as the
nation and society evolved, family law has undergone a sea of changes. These
changes have been in response to a variety of stimuli - from efforts at
modernization and nation building to secularization.

IDENTIFICATION OF THE ISSUES

This paper attempts to analyze the trends in the changes in family law through an
analysis of case law and legislation. It is important that we understand
government jurisdiction over these matters and the right jurisdiction over these
matters and the rights and responsibilities of people in these relationships… how
the relationships may be constituted and how they may be dissolved. I tried to
analyse the aspects of family law evolving colonial legal edifice, personal laws of
five different religious denominations-Hindu, Muslim, Christian, Parsi, and Jewish-
are examined.

OBJECTIVE AND SCOPE OF THE RESEARCH

1. To understand the history of laws governing various religious

denominations, from their scriptural sources to contemporary applications.
2. To understand the legal structure within which the ‘personal law regime’
was situated during the early period of colonial rule.
3. To examine the mandate of social transformation.
 4. To examine the provisions of a modern constitution and its assurances of
freedom and equality.

RESEARCH METHODOLOGY ADOPTED

The research methodology for the project will be doctrinal, analytical and as well
as descriptive in nature. The source of knowledge for this project will be including
primary as well as secondary resources.

PROBABALE OUTCOME

After this project, I would be able to know the need and importance of family law
and the history of laws governing various religious denominations, from their
scriptural sources to contemporary applications. This project will give detailed
explanation about provision of a modern constitution and its assurances of
freedom and equality. I will also understand the government jurisdiction over
these matters and the right jurisdiction over these matters and the rights and
responsibilities of people.

SCHEME OF CHAPTERS / CHAPTERIZATION

1. INTRODUCTION

2. School of law, Migration, Domicile Residence and Problems of conflict of

personal laws
3. Marriages under Hindu Law, Muslim Law, Christian law, Parsi Law and
Jewish law

4. Dowry and Dower

5. Matrimonial causes

6. Matrimonial causes: Divorce

7. Guardianship and Custody

8. Parentage and Adoption

9. Maintenance

10. Succession

11.Conclusion

12.Bibliography/Literature Review
 INDEX
1. INTRODUCTION

2. School of law, Migration, Domicile, Residence and Problems of conflict of

personal laws

3. Marriages under Hindu Law, Muslim Law, Christian law, Parsi Law and
Jewish law

4. Dowry and Dower

5. Matrimonial causes

6. Matrimonial causes: Divorce

7. Guardianship and Custody

8. Parentage and Adoption

9. Maintenance

10. Succession
11.Conclusion
12.Cases and Bibliography
 INTRODUCTION
India is a country which abounds in personal laws; each community has its own
personal law. The Hindus, the majority community, have their separate family
law; so have the Muslims, the biggest minority community. Smaller minority
communities, the Christians, Parsis and the Jews, whose number, in the context of
the total population of India, is not very significant, too, have their own separate
family laws. Although each of these communities is a religious community, yet it is
not necessary that their personal law is essentially religious law. It is also not
necessary for the application of the personal law that members of the community
should be ardent believers or followers of that religion. In most of the cases if he
is a member of the community by birth or conversion that will suffice, even
though in actual persuasion he may be atheist, non-religious, non-conformist,
anti-religious or even decry his faith. So long as he does not give up his faith and
embrace another religion (among some communities, mere denunciation of faith
is not sufficient) he will continue to be governed by the personal law of the
community to which he belongs.
The Hindus and Muslims have all along maintained that their laws are divine
origin. No such claim is made by other communities. The modern Hindu law, by
judicial interpretation and legislative modification, has undergone drastic
changes, so much so that any claim of divinity can hardly be sustained. In some
areas custom is still prevail.1 Muslim law as administered in modern India, too,
has undergone some changes and modifications, though legislative modifications
are few, yet not insignificant; changes in Muslim law through judicial
interpretation, too, have been made and in some areas, they modernize Muslim
law.2 The Christian law in India is based on the 19th century English law. The Jew
matrimonial law is still based on customs. In a few matters Parsis are still
governed by Custom.
India has another aspect of family law- a family law which is applicable to the
parties only if they choose to be governed by it.

1
Clauses(iv) and (v) of section 5, section 7 and section 29(2), Hindu Marriage Act, 1955.
2
Aboobbecker v. Manu, 1971 KLT 663.
School of law, Migration, Domicile Residence and Problems of
conflict of personal laws
Under the Indian Constitution, all aspects of family law are in the Concurrent List.3
This means the both Parliament and the State Legislatures have power to legislate
in respect of these matters. In India, family law does not differ from state to state.
Each community is governed by one single system of law wherever its members
may be settled, domiciled or residing.
 School of law
1. Hindu law - Hindu law has two main school: the Mitakshara school and
Dayabhaga. The Dayabhaga school of Hindu law prevails in Bengal, Assam,
Tripura, Manipur, Mizoram, Arunachal and Meghalaya. In rest of India it is
the Mitakshara school which has its sway. The Mitakshara school prevails
even in the Dayabhaga jurisdiction on all those matters on which the
Dayabhaga is silent.4
2. Muslim law – In respect of Muslims, schools have no territorial or regional
significance in the sense in which they have in relation to the Hindus. The
Hanafi school, one of the four schools of Sunni sect, covers a vast majority
of Muslims all over India. Muslims belonging to the Shafii school, another
school of Sunnis, the Maliki and Hanabali, have hardly any adherents in
India.
In the case of other communities of India, there are no schools, though
local variations still exist, such as living in urban areas and those living in
Mofussil. India has all the sects of the Christians, the protestants and the
Catholics and others, too, though the protestants are the dominant
Christians.
Among the Parsis there are no sects or schools.
It has been often said that in India there is no Lex Loci, and every person is
governed by his personal law.
The Christians, particularly in respect of ceremonies of marriage, are
governed by their own sects.

3
Entry 5.
4
Paras Diwan, Modern Hindu Law, Chapter IV, 1990.
  Migration and Domicile -
A person who migrates from one part of India to another, carries with him his
personal law. When it is alleged that a Hindu who has migrated from one part of
the country to another is governed by local law, then it has to be affirmatively
proved that he has adopted it.5All Hindus are governed by one uniform law.
Migration of a Muslim to another part of country does not change his sect or
school and he continues to be governed by his original sect or school, unless it is
established that he has changed his sect or school.
The problem of change of law on account of migration from one part of the
country to the other does not arise in case of Christians, Parsis or Jews, since
wherever they may be in India, each is governed by a uniform matrimonial law.
 Domicile – The Indian personal law lays down that all those persons who
are in India would be governed by their respective personal laws,
irrespective of their Domicile. Domicile is important in respective of the
following:
1. Those Indians who are domiciled in India but are abroad.
2. Those Indians who are not domiciled in India.

 Residence –
Residence is important in Family law for various reason. Under English law
and Christian marriage act, 1872, residence is important in connection with
publication of banns. Under all the Indian matrimonial statues, residence is
important for the purpose of jurisdiction in matrimonial causes. For
instance, petition for nullity, divorce, judicial separation or restitution of
conjugal rights may be filled on the basis of residence of the respondent,
last joint residence of the parties on the residence of the petitioner. The
same is the position under the Special marriage act, 1954.6 The residence is
similarly important under the Parsi Marriage and divorce Act, and the
Indian Divorce act.

5
Balwant v. Beji, AIR 1971 SC 59
6
Section 31
 Marriages under Hindu Law, Muslim Law, Christian law,
Parsi Law and Jewish law
All over the Hindu and Christian worlds, marriage began as a sacrament.
Marriage, as a sacrament, necessarily implied a permanent and indissoluble
union.
Hindu law – Among Hindus marriage is a necessary samskar; every Hindu
must marry. Hindus did not regard it as a contract, but as a tie which once
tied cannot be untied. The husband is declared to be one with the wife.
Neither by sale nor by repudiation is a wife released from her husband.7
Under Hindu law, polygamy was recognized, and a Hindu male could take
any number of wives, but the Hindu marriage act, 1955, has abolished
polygamy and introduced strict monogamy for all Hindus.
Muslim law – Muslims have, from very beginning, regarded their marriage
as a contract. Muslim marriage has been defined as a civil contract for the
purpose of legalizing sexual intercourse and procreation of children. It is
not a sacrament but a contract, though solemnized generally with the
recitation of certain verses from the Koran. Muslim law does not prescribe
any religious service essential for its solemnization.
Parsi, Jew and Christian Marriages – The Parsi marriage is also regarded as
a contract though the religious ceremony of ashirvad is essential for its
validity. Ashirvad means a prayer or exhortation to the parties to observe
their marital obligations.8
Marriage among the Indian Jews also regarded as a contract. A written
contract called Katuba between the parties is essential for the validity of
marriage. A religious ceremony is also required.
A Christian marriage in India is also a contract and it is usually solemnized
by a minister of Religion Licensed under the Christian marriage Act, 1872. It
can be also solemnized by the marriage Registrar.
Under the Special marriage act 1954, marriage is essentially a civil contract.
Non-age and lack of consent renders a marriage void. The act lays down a
civil ceremony for the marriage.

7
Manusmriti IX, 64-68
8
Parshottam v. Meherbai, ILR (1880)113 BOM 302.
 Dowry and Dower
Under the Dowry Prohibition Act, 1961-86, “Dowry” is defined as any property or
valuable security given or agreed to be given, directly or indirectly9, (a) by one
party to the marriage to the other party to marriage, or (b)by parents of either
party to the marriage, or by any other person to either party to marriage or to any
other person at or before or at any time, after the marriage “In connection with
the marriage of said parties.” It should be noticed that the Act uses the word
“dowry” not merely in the sense of what bride’s parents give to the bride and
bridegroom but also the other way around. In other words, if property or valuable
security is given by bridegroom to the bride or bride’s father in connection with
the marriage of the parties, it would also be covered in the definition of dowry. In
the definition as laid down in the original act the words were “as consideration for
marriage” which have been substituted with the words “in connection with the
marriage.” But wedding presents, whatever be their value, are excluded from the
purview of dowry. It would have been better to say “whatever does not
constitute wedding presents constitutes dowry.”
Dower – Dower or mahr is a peculiar Muslim law concept. Historically, the idea of
sale is latent in the notion of mahr. In the modern law mahr is something in the
nature of a nuptial gift which a Muslim husband undertakes to make to his wife. It
is an integrated part of Muslim marriage. Probably, it is also used as a deterrent
to Muslim husband’s absolute power to pronouncing divorce on his wife.
Mulla defines (it is submitted erroneously), “dower” as “a sum of money or other
property which the wife is entitled to receive from the husband in consideration
of marriage.”10 Mahr has been compared to the price in a contract of sale because
a marriage is a civil contract and sale is a typical contract to which Muslim jurists
are accustomed to refer to by way of analogy. 11
Dower, when fixed by mutual consent after the marriage is known as mahr-i-
tafweez, when fixed by court, it is known as mahr-i-takkim. When dower is fixed
by an agreement it is known as specified dower.

9
In Pawan Kumar v. state of Haryana; AIR 1998 SC. 958, an agreement for lowry was held not always necessary.
10
Mulla ; Mohammedan Law ; 277 (17th Ed.)
11
Abdul Kadir v. Salima, ILR (1886) 8 All 149;
 Matrimonial causes
Nullity of marriage –
Section 11 - Void marriages :- Any marriage solemnized after the commencement
of this Act shall be null and void and may, on a petition presented by either party
thereto against the other party, be so declared by a decree of nullity if it
contravenes any one of the conditions specified in clauses (i), (iv) and (v) of
section 5.

Section 12 - Voidable marriages :- Any marriage solemnized, whether before or

after the commencement of this Act, shall be voidable and may be annulled by a
decree of nullity on any of the following grounds, namely:-
a.that the marriage has not been consummated owing to the impotence of the
respondent; or
b.that the marriage is in contravention of the condition specified in clause (ii) of
section 5; or
c.that the consent of the petitioner, or where the consent of the guardian in
marriage of the petitioner was required under section 5 as it stood immediately
before the commencement of the Child Marriage Restraint (Amendment) Act,
1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud
as to the nature of the ceremony or as to any material fact or circumstance
concerning the respondent; or
d.that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
Impotency – In most systems impotency, inability to consummate the marriages,
and refusal to consummate the marriage are grounds of nullity of marriage.
Under some, these render marriage void, while Under others, these render
marriages voidable.12

12
Section 24 (1)(ii)
 Matrimonial causes: Divorce
Any marriage can be dissolved by a decree of divorce on the ground that the
other party has had voluntary sexual intercourse with any person other than his
or her spouse after solemnization of marriage, even a single act of sexual
intercourse with any person other than his or her spouse entitles the petitioner to
decree of divorce.13
Any marriage solemnized, whether before or after the commencement of this
Act, may, on a petition presented by either the husband or the wife, be dissolved
by a decree of divorce on the ground that the other party has, after the
solemnization of the marriage, had voluntary sexual intercourse with any person
other than his or her spouse; or
ii.has, after the solemnization of the marriage, treated the petitioner with cruelty;
or
iii.has deserted the petitioner for a continues period of not less than two years
immediately preceding the presentation of the petition; or the passing of a decree
for restitution of conjugal rights in a proceeding to which they were parties.

2.A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground; i.in the case of any marriage solemnized before
the commencement of this Act, that the husband had married again before such
commencement or that any other wife of the husband married before such
commencement was alive at the time of the solemnization of the marriage of the
petitioner;
Provided that in either case the other wife is alive at the time of the presentation
of the petition; or

ii.that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or

13
http://www.legalservicesindia.com/divorce/index.htm
iii.that in a suit under section 18 of the Hindu Adoption sand Maintenance Act,
1956(78 of 1956), or in a proceeding under section 125 of the Code of Criminal
Procedure , 1973 (2 of 1974) (or under the corresponding section 488 of the Code
of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be,
has been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such
decree or order, cohabitation between the parties has not been resumed for one
year or upwards;
iv.that her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after
attaining the age of eighteen years. 14

Explanation:- This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Laws (Amendment) act, 1976 (68 of
1976).
The Hindu marriage Act, 1955, the special Marriage Act, 1954, Dissolution of
Muslim marriage Act, 1939 and the Indian divorce Act, 1939, Parsi Marriage and
Divorce Act1936 and the Indian Divorce Act, 1869 recognize divorce on fault
grounds.

14
http://dcw.delhigovt.nic.in/Nullity%20of%20Marriage%20and%20Divorce.html
 Guardianship and Custody
Hindu law- The Hindu law of guardianship of minor children has been codified
and reformed by the Hindu Minority and Guardianship Act, 1956. Guardian is "a
person having the care of the person of the minor or of his property or both
person and property." It may be emphasized that in the modern law guardians
exist essentially for the protection and care of the child and to look after its
welfare. This is expressed by saying that welfare of the child is paramount
consideration. Welfare includes both physical and moral well-being. Guardians
may be of the following types: 1. Natural guardians, 2. Testamentary guardians,
and 3. Guardians appointed or declared by the court. There are two other types
of guardians, existing under Hindu law, de facto guardians, and guardians by
affinity.
Muslim law - The source of law of guardianship and custody are certain verses in
the Koran and a few ahadis. The Koran, the alladis and other authorities on
Muslim law emphatically speak of the guardianship of the property of the minor,
the guardianship of the person is a mere inference. We would discuss the law of
guardianship of custody as under:
(a) Guardianship,
(b) Custody, and
(c) De facto guardian.
Classification of Guardianship
In Muslim law guardians fall under the following three categories: (i) Natural
guardians,
(ii) Testamentary guardians, and
(iii) Guardians appointed by the court
Christian law - The Guardians and Wards Act, 1890, which resides in the secular
realm also, may be resorted to. The relevant provisions are reproduced herein: -
According to section 17 of the above-said Act, the matters of the case should be
considered by the court in appointing guardian. The section reads, “ (1) In
appointing or declaring the guardian of a minor, the Court shall, subject to the
provisions of this section, be guided by what, consistently with the law to which
the minor is subject, appears in the circumstances to be for the welfare of the
minor

(2) In considering what will be the welfare of the minor, the Court shall have
regard to the age, sex and religion of the minor, the character and capacity of the
proposed guardian and his nearness of kin to the minor, the wishes, if any, of the
deceased parent, and any existing or previous relations of the proposed guardian
with the minor or his property.

(3) If the minor is old enough to form an intelligent preference, the Court may
consider that preference.”
Parsi law - Although there is no general law of guardianship, yet it is permitted by
a statute amongst Hindus and by custom amongst a few numerically insignificant
categories of persons. Since adoption is legal affiliation of a child, it forms the
subject matter of personal law. Muslims, Christians and Parsis have no adoption
laws and have to approach court under the Guardians and Wards Act, 1890.
Muslims, Christians and Parsis can take a child under the said Act only under
foster care. Once a child under foster care becomes major, he is free to break
away all his connections. Besides, such a child does not have legal right of
inheritance. Foreigners, who want to adopt Indian children have to approach the
court under the aforesaid Act. In case the court has given permission for the child
to be taken out of the country, adoption according to a foreign law, i.e., law
applicable to guardian takes place outside the country.
 Custody - Child custody is a term used in family law courts to define legal
guardianship of a child under the age of 18. During divorce or marriage
annulment proceedings, the issue of child custody often becomes a matter
for the court to determine. In most cases, both parents continue to share
legal child custody but one parent gains physical child custody. Family law
 courts generally base decisions on the best interests of the child or
children, not always on the best arguments of each parent.
Of all the person, the first and foremost right to have the custody of
children belongs to the mother, and she cannot be deprived of her right so
long as she is not found guilty of misconduct. Mother has the right of
custody and care of children during the period laid down in Muslim law, so
long as she is not disqualified. This is called right of hizanat and can be
enforced against the father or any other person.
Parentage and Adoption
Parentage under Muslim law – In Muslim law maternity of a child is established
in the woman who gives birth to the child, irrespective of the fact whether she is
married or unmarried, or the child is the off-spring of Zina. Thus, it is the actual
birth of the child which determines maternity; the woman who gives birth to the
child is its mother. The paternity, on the other hand, is the legal relationship
between the man and the child which comes into existence when the child is born
within the wedlock, i.e., to the woman who is his wife. The marriage of the man
with the mother of the child may be sahih(valid) or fasid(irregular). But if the
marriage is void, no father-child relationship comes into existence. Similarly, if the
man commits zina with the mother of the child, then the child has no legal
relationship with him.
Adoption under Hindu law - The Shastric Hindu Law looked at adoption more as a
sacramental than secular act. There has been an acute controversy not only
among writers but also among judges whether in adoption the secular motive
predominates or the religious motive predominates.15 Some judges think that the
object of adoption is two-fold:
to secure one's performance of one's funeral rites and 2) to preserve the
continuance of one's lineage16. Hindus believed that one who died without having
a son would go to hell called poota and it was only a son who could save the
father from going to Poota. This was one of the reasons to beget a son. Ancient
Hindu Shastras recognized Dattaka and Kritrima as types of sons. The Hindu
Adoption and Maintenance Act, 1956 extends to only the Hindus, which are

15
Mayne, Hindu law and Usage, (11th Ed) 184-188.
16
Inder Singh v. Kartar Singh, AIR 1966 Punj 258.
defined under Section-2 of the Act and include any person, who is a Hindu by
religion, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana
or Arya Samaj, or a Buddhist, Jaina or Sikh by religion, to any other person who is
not a Muslim, Christian, Parsi or Jew by religion. It also includes any legitimate or
illegitimate child who has been abandoned both by his father and mother or
whose parentage is not known and who in either case is brought up as a Hindu,
Buddhist, Jaina or Sikh. Adoption is recognized by the Hindus and is not
recognized by Muslims, Christian and Parsis.

Maintenance
Under Muslim law, the following persons are entitled to maintenance:
1. The wife,
2. The children
3. The parents and grandparents, and
4. The other relations.
Under the "Women (Protection Of- Rights on Divorce) Act, 1986" spells out
objective of the Act as "the protection of the rights of Muslim women who
have been divorced by, or have obtained divorce from, their husbands." The
Act makes provision for matters connected therewith or incidental thereto. It
is apparent that the Act nowhere stipulates that any of the rights available to
the Muslim women at the time of the enactment of the Act, has been
abrogated, taken away or abridged.
Under Hindu law, Hindu Adoptions and Maintenance Act, 1956 defines
maintenance as “provision for food, clothing, residence, education, and
medical attendance and treatment.”17 In the case of an unmarried daughter it
includes reasonable expense of her marriage.18
Under Christian Law, A Christian woman can claim maintenance from her
spouse through criminal proceeding or/and civil proceeding. Interested parties
may pursue both criminal and civil proceedings, simultaneously, as there is no

17
Mitakshara II, 175.
18
Section 3 (b), Thulasi V. Raghavan, AIR 1985 ker 20 (includes food, clothing, residence, education, medical
treatment and attendance.
legal bar to it. In criminal proceedings, the religion of the parties does not
matter at all, unlike in civil proceedings.
Under Parsi law, Parsi can claim maintenance from the spouse through
criminal proceedings or/ and civil proceedings. Interested parties may pursue
both criminal and civil proceedings, simultaneously as there is no legal bar to
it. In the criminal proceedings, the religion of the parties doesn't matter at all
unlike the civil proceedings.

Succession
Under Hindu law, the modern Hindu law of succession is much simpler law
than the old Hindu law. The Hindu Succession Act 1956 lays down uniform law
of succession for all Hindus. Old Hindu law and customary of succession stand
abrogated. The Hindu Succession Act preserves the dual mode of devolution of
property under the Mitakshara school. The Hindu Succession Act, 1956 bases
its rule of succession on the principle of propinquity, i.e., preference of heirs
on the basis of proximity of relationship. The Hindu Succession Act, 1956 is
an act of the Parliament of India enacted to amend and codify the law relating
to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.
The Act lays down a uniform and comprehensive system of inheritance and
succession into one Act. The Hindu woman's limited estate is abolished by the
Act.
Under Muslim law, the Muslim law of inheritance is a superstructure
constructed on the foundation of pre-Islamic customary law of succession. In
Islamic law distinction between the joint family property and the separate
property has never existed, and in India Muslim law does not recognize the
joint family property, though among the South Indian Muslims having
matrilineal system, the institution of tarwad is recognized. Since under Muslim
law all properties devolve by succession, the right of heir-apparent does not
come into existence till the death of the ancestor. Succession opens only on
the death of the ancestor, and them alone the property vets in the heirs.
Under Christian law, in matters of succession, the Christian subjects of British
India were governed either by the provisions of India succession act of 1865 or
their own customary laws. The Indian Succession Act was re-enacted in 1925.
This is a progressive piece of legislation as it grants equal rights to daughters
and sons in parental property. The concept of ancestral property or
coparcenary is also not recognized.

Conclusion

As a lawmaker, we have learned that crafting the law is only part of the battle.
we must persuade others of the necessity of the family law. The Family Law
Act sets out the rights, duties, powers and liabilities of spouses and children,
and provides for enforcement of those rights and liabilities as well as the
dissolution of marriage.
There are several policy strands underpinning the Family Law Act. These
include a philosophy of no fault; promoting the best interests of the child;
preserving the institution of marriage; promoting reconciliation; and
protecting the notion of the family.
I would be able to know the need and importance of family law and the history
of laws governing various religious denominations, from their scriptural
sources to contemporary applications. This project will give detailed
explanation about provision of a modern constitution and its assurances of
freedom and equality. I will also understand the government jurisdiction over
these matters and the right jurisdiction over these matters and the rights and
responsibilities of people.
 CASE LAWS & BIBLIOGRAPHY
 Aboobbecker v. Manu, 1971 KLT 663.
 http://www.legalserviceindia.com/helpline/helpline_HOME.html
 Paras diwan, Family law, (1998) chapter II.
 Paras Diwan, Modern Hindu Law, Chapter IV, 1990.
 Balwant v. Beji, AIR 1971 SC 59
 In Pawan Kumar v. state of Haryana; AIR 1998 SC. 958.
 Mulla ; Mohammedan Law ; 277 (17th Ed.)
 Abdul Kadir v. Salima, ILR (1886) 8 All 149
 KL Seshagiri Rao (1997), Practitioners of Hindu Law: Ancient and Modern
 Flavia Agnes (2011), Family laws and Constitutional claims
 Seshagiri Rao, K.L. (1997–1998). Practitioners of Hindu Law: Ancient and
Modern. Fordham Law Review, 66, Retrieved 15 October 2008
 http://dcw.delhigovt.nic.in/Nullity%20of%20Marriage%20and%20Divorce.h
tml
 Chandra Mallampalli (2004), Christians and Public Life in Colonial South
India: 1863-1937, Routledge, pages 59-64
 Kunal Parker (Editor: Gerald James Larson, 2001), Religion and Personal
Law in Secular India: A Call to Judgment, Indiana University Press pages
184-199
 Mayne, Hindu law and Usage, (11th Ed) 184-188.
 Inder Singh v. Kartar Singh, AIR 1966 Punj 258.
 Dadaji bhikaji v. Rukhmabai, (1885) ILR 9