Reforming Indian Family Laws: A Constitutional Analysis Of Personal Laws, Gender Justice, Marriage Dissolution, Emerging Rights, And The Prospects Of A Uniform Civil Code

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Published ID: IJNRD2610155

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Dr. Abhay Korde

Constitutional Morality; Maintenance Rights; Adoption; Succession; Religious Freedom; Judicial Reform; Equality; Human Dignity, Family Law, Personal Laws, Uniform Civil Code, Marriage, Divorce, Maintenance, Constitutional Law, Gender Justice, Religious Freedom, Equality, Article 44, Hindu Marriage Act, Muslim Personal Law, Special Marriage Act

Family law in India represents a complex interaction between religion, culture, individual autonomy, and constitutional values. Unlike many modern legal systems that follow a uniform civil framework, India continues to recognize multiple personal laws governing marriage, divorce, maintenance, adoption, guardianship, and succession among different religious communities. While this legal pluralism reflects India's multicultural character, it has also generated debates concerning equality, gender justice, individual dignity, and uniformity of civil rights. This research examines the evolution, structure, and contemporary challenges of Indian family laws through a constitutional and comparative perspective. The study analyses major personal law systems, including Hindu, Muslim, Christian, Parsi, and secular family law under the Special Marriage Act, with particular emphasis on marriage, dissolution of marriage, maintenance rights, adoption, guardianship, and inheritance. It evaluates the extent to which these laws conform to constitutional guarantees of equality, non-discrimination, dignity, and personal liberty. The research further explores the relationship between personal laws and the constitutional framework, particularly Articles 14, 15, 21, 25, 26, and 44 of the Constitution of India. It examines the judicial transformation of family law through landmark judgments including Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, Danial Latifi v. Union of India, Shayara Bano v. Union of India, Joseph Shine v. Union of India, and Vineeta Sharma v. Rakesh Sharma. The study also undertakes a comparative examination of family law systems in countries such as the United Kingdom, United States, Canada, Australia, France, Germany, Pakistan, Bangladesh, Singapore, and South Africa to identify international approaches toward secular family laws, religious accommodation, and gender equality. In addition to the traditional debates concerning Uniform Civil Code, this research evaluates contemporary issues requiring legal review, including Nikah Halala, polygamy, compulsory marriage registration, irretrievable breakdown of marriage, maintenance uniformity, adoption rights across communities, guardianship equality, succession reforms, marital autonomy, and recognition of emerging family relationships. The research finds that while personal laws have gradually evolved through legislative reforms and judicial intervention, significant inconsistencies remain. A Uniform Civil Code has the potential to bridge these differences; however, such reform must not merely impose uniformity but should establish common constitutional standards based on equality, dignity, justice, and individual freedom. The study concludes that the future of Indian family law lies in harmonizing cultural diversity with constitutional morality by developing a rights-based family law framework applicable to all citizens.

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Dr. Abhay Korde (October-2026). Reforming Indian Family Laws: A Constitutional Analysis Of Personal Laws, Gender Justice, Marriage Dissolution, Emerging Rights, And The Prospects Of A Uniform Civil Code. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(10), b498-b544. https://ijnrd.org/papers/IJNRD2610155.pdf

Volume 11 Issue 10, October-2026

Pages : b498-b544

Paper Reg. ID: IJNRD_329085

Published Paper Id: IJNRD2610155

Research Area: Other area not in list

Author Type: Indian Author

Country: THANE (WEST), MAHARASHTRA, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2610155.pdf

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