India: marriage, divorce, inheritance and abortion

Fundamental rights. Article 32 lets you go straight to the Supreme Court — a right that Ambedkar called the heart and soul of the Constitution.

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Location map — India
India. Simplified location map — Natural Earth data, public domain.

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Marriage, partnership and divorce

Marriage · Partnerships and cohabitation · Same-sex marriage · Religious ceremony · Wedding customs and ceremonies · Matrimonial property and inheritance · Divorce

Children, family and inheritance

Names · Adoption · Assisted reproduction · Childcare · Step-families

Contraception, abortion, sexuality and drugs

Contraception · Abortion · Parents: a teenager’s first relationship · Sexual orientation · Drugs and controlled substances · Alcohol and tobacco

Violence, consent and sexual offences

Consent and age of consent · Domestic violence · Female genital mutilation

Online: privacy, image, data and scams

Data protection · Privacy · Image rights · Speech and online harassment · Copyright · Identity theft · Online shopping · Romance scams

Health: pregnancy, STIs and care

Pregnancy · Periods and period products · Sex therapy · Mental health · Dental care · HIV and AIDS · Hepatitis B · HPV

Fundamental rights

Key points

Part IIIFundamental rights, including equality, life and liberty, and free expression
Article 32Direct petition to the Supreme Court, itself a fundamental right
Article 226Wider High Court writ jurisdiction, covering legal as well as fundamental rights
Public interest litigationRelaxed standing; letters have been treated as petitions
Basic structureConstitutional amendments themselves can be struck down
NHRCRecommendatory powers; state commissions in each state
Locus standiRelaxed for public interest litigation; letters have been treated as petitions
Continuing mandamusCourts retain supervision over compliance with their orders
Legal services authoritiesProvide free representation at every level

Understanding the rules

Part III of the Constitution guarantees fundamental rights, enforceable directly in the Supreme Court under Article 32 and in the High Courts under Article 226. Public interest litigation has widened standing dramatically: a letter can be treated as a petition. The basic structure doctrine limits even constitutional amendments, and the National Human Rights Commission provides a non-judicial route.

In practice

  • Approach the district legal services authority for free representation before filing.

Where to go

Worth knowing

Article 226 is usually the better starting point than Article 32: it is wider in scope, closer to home, and the Supreme Court often asks why the High Court was bypassed. Article 226 is usually the better route than Article 32: wider in scope, closer to home, and the Supreme Court often asks why it was bypassed.

The general article: Fundamental rights · Compare with another country

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Advice

Sources

  1. Marriage/Divorce/Maintenance (Law Commission of India reports) — Law Commission of India, accessed 2026

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

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Text prepared with artificial intelligence, reviewed and checked by the AffectionPlus team (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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