The Law Commission has floated Consultation Paper on Family Law Reform. Ministry of Law and Justice in a release said that the paper discusses a range of provisions within all family laws, secular or personal.
A number of changes have been suggested in the form of potential amendments and fresh enactments.
As general suggestions to reforming family law, the paper discusses the introduction of new grounds for no-fault divorce accompanied by corresponding changes to provisions on alimony and maintenance.
Under the Hindu law, it discusses problems with provisions such as restitution of conjugal rights.
Under the Muslim law, the paper suggests reform in inheritance law through codification of Muslim law on inheritance, while ensuring that the codified law is gender just.
The paper also suggests expansion of the juvenile law to make it into a robust secular law that can be accessed by individuals of all communities for adoption.
Since a number of issues such as polygamy, nikah halala, settlement of a Parsi wife’s property for benefit of children, as well as the adultery law among others are under the consideration of the Supreme Court, they have been discussed in the paper but comprehensive changes on some of these issues have not been suggested.
