India’s legal system is broadly classified into two branches: civil law and criminal law. Civil cases involve disputes between individuals, organizations, or government bodies concerning rights, property, or obligations. If you're unsure whether your case is civil in nature, this guide will help you understand the different types of civil cases in India—along with examples, remedies, and applicable laws.
A civil case arises when one party (plaintiff) brings a legal claim against another (defendant) for violation of a legal right or breach of duty, but where there is no criminal intent or punishment like imprisonment involved.
Remedies in civil cases are typically:
Compensation (monetary)
Injunctions (court orders to stop or compel an act)
Specific performance (enforcement of contracts)
Declaration of rights (legal recognition)
When parties fail to fulfill the terms of a valid agreement or contract.
Examples:
Breach of commercial contracts
Non-payment in business transactions
Service disputes (builders, consultants, freelancers)
Governing Law: Indian Contract Act, 1872
Disputes relating to ownership, possession, lease, partition, or encroachment.
Examples:
Disputes between co-owners or family members
Illegal possession or encroachment
Eviction of tenants
Governing Law: Transfer of Property Act, Indian Easements Act, Rent Control Acts
Cases involving marriage, divorce, child custody, maintenance, and adoption.
Examples:
Divorce under Hindu Marriage Act
Maintenance under Section 125 CrPC
Child custody disputes
Governing Laws: Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, Family Courts Act
Legal wrongs not based on a contract, such as defamation, negligence, or medical malpractice.
Examples:
Defamation (civil suit)
Accidents due to negligence
Medical negligence claims
Governing Law: Law of Torts (judge-made law)
Filed by consumers against defective products, poor services, or unfair trade practices.
Examples:
Faulty mobile or electronics
Overcharging by service providers
Delay in possession by builders
Governing Law: Consumer Protection Act, 2019
Suits for recovery of loans, dues, or advances given without security.
Examples:
Cheques dishonoured (also a criminal offence under Sec 138 NI Act)
Lending money to friends or businesses
Civil recovery post contract breach
Governing Law: Civil Procedure Code, Negotiable Instruments Act
When joint property needs to be divided legally among legal heirs or co-owners.
Examples:
Partition of ancestral property
Disputes among siblings for land
Family settlement agreements challenged
Governing Law: Hindu Succession Act, Civil Procedure Code
Cases where a party seeks a restraining order against another’s act.
Examples:
Stop construction on disputed land
Restraining breach of agreement
Preventing copyright infringement
Governing Law: Specific Relief Act, Civil Procedure Code
To declare legal rights, title to property, or legal status.
Examples:
Declaration of ownership title
Clarification on will or succession
Legal status as legal heir
Governing Law: Specific Relief Act, Civil Procedure Code
Between landlords and tenants regarding rent, eviction, or lease terms.
Examples:
Eviction due to non-payment
Illegal subletting
Unlawful occupation post lease expiry
Governing Law: Rent Control Acts (State specific), Transfer of Property Act
Civil cases are usually filed in Civil Courts, Family Courts, Consumer Forums, or Tribunals depending on the subject.
There is no police investigation in civil matters.
Proceedings are often time-consuming, but quicker relief is available through interim orders.
Draft a proper legal notice (if applicable)
File a plaint before the relevant court
Attach necessary documents and affidavits
Pay court fees as per jurisdiction
Proceed through summons, evidence, and trial
For legal drafting assistance, explore templates and guides available on LawTrix.in.
Civil cases cover a wide variety of legal issues that do not involve criminal charges but demand justice, compensation, or legal recognition. Whether it’s a property fight, a broken contract, or a family dispute — understanding the type of civil case you're dealing with is the first step to getting relief.
