By Yukti Makan, Symbiosis Law School, Pune.
India is a unique country not only in terms of geography but also in terms of its social scenario. It is also a land of various cultures and different religions. The Indian culture believes in Unity in Diversity but unfortunately this Unity in Diversity has not helped to bring political unity in India.
Family law in India is predominantly based upon the religious personal laws of several different communities which exist therein. The laws coming under the umbrella of religious personal laws governing family relations themselves are an amalgamation of customary laws which are interpreted by the courts and the codified personal laws which the legislatures have enacted. The application of personal laws to the respective communities is seen as an essential part of their religion and inherent in their freedom to practice and propagate their religion. (more…)