1

SEM 1 - FAMILY LAW 1

FAMILY LAW CONCEPTS

Concept Short Note Legal Provision (India)

Acknowledgement of Paternity Father's voluntary admission of No specific provision, but can be used as

.B
responsibility for a child evidence in paternity suits.

LL
Ancient Forms of Hindu Practices like Brahma, Asura, Not recognized under current Hindu
Marriage Gandharva marriages prevalent in Marriage Act (HMA), 1955.
historical times.

,
BA
Ante-Nuptial Agreement Agreement between couples before Indian Contract Act, 1872 (general
marriage regarding property or other principles apply).

,M
rights.

De Facto Guardian Someone acting as a child's guardian Guardians and Wards Act, 1890 (may be

BE
without a formal appointment. recognized by court).

Deferred Dower Dower (payment to wife) payable at a Muslim Personal Law (Sharia Application)
an
future date or upon certain Act, 1937 (applicable to Muslims).
conditions.
as

Deivani Achi v Chidambaram Landmark case defining cruelty in HMA, 1955 (interpreted concept of
iv

Chettiar (1948) Hindu marriage law. cruelty).

in

Desertion One spouse abandoning the other HMA, 1955 (ground for divorce).
Sr

without consent and without

reasonable cause.
n
ra

Divorce by Mutual Consent Dissolution of marriage by both HMA, 1955 (specific provisions for this type
spouses' agreement. of divorce).
ka

Doctrine of Relation Back Legal principle stating certain actions Varies depending on the context (limited
ba

are considered effective from an application in family law).

earlier date.
ru

Dower Mandatory payment from husband to Muslim Personal Law (Sharia Application)
Ki

wife in Muslim marriage. Act, 1937.

Effect of Special Marriage Act Provides for secular marriage open to Special Marriage Act, 1954.
all, overriding religious marriage
customs.

Fasid Marriage Invalid marriage under Islamic law due Muslim Personal Law (Sharia Application)
to specific prohibitions. Act, 1937.
 2

Iddat Waiting period after marriage Muslim Personal Law (Sharia Application)
dissolution for Muslim women before Act, 1937.
remarriage.

Ijma Consensus of Muslim scholars as a Muslim Personal Law (Sharia Application)

source of Islamic law. Act, 1937 (indirectly recognized).

Judicial Separation Legal separation of spouses without HMA, 1955 (grounds and procedures
dissolving the marriage. specified).

.B
Kinds of Islamic Divorce Different forms of divorce recognized Muslim Personal Law (Sharia Application)

LL
in Islamic law (e.g., Talaq, Khula). Act, 1937.

Kinds of Joint Family Property Different categories of property Hindu Undivided Family (HUF) concept

,
BA
owned jointly by a Hindu family. (various legal principles apply).

Legal Cruelty Mental or physical harm inflicted by HMA, 1955 (interpreted by case law).

,M
one spouse on the other, a ground for
divorce.

BE
Maintenance Pendente Lite Financial support ordered for a spouse HMA, 1955 (provisions for spousal
during a pending divorce case. maintenance).
an
Minister of Religion (Christian Authorized person to perform The Indian Christian Marriage Act, 1872.
Act) Christian marriages.
as

Muta Marriage Temporary marriage contract not Not recognized under Muslim Personal
iv

recognized in mainstream Islamic law. Law (Sharia Application) Act, 1937.

in

Option of Puberty Right of a pubescent Muslim minor to Muslim Personal Law (Sharia Application)
Sr

repudiate their childhood marriage. Act, 1937.

Power of Natural Guardian Parental right and responsibility to Guardian and Wards Act, 1890 (parental
n

care for a child. authority recognized).

ra

Prohibited Degree of Close blood relations barred from HMA, 1955 (Schedule I lists prohibited
ka

Relationship marrying under Hindu law. relationships).

ba

Prohibited Relation Similar to prohibited degree of Muslim Personal Law (Sharia Application)
relationship, applies to Muslims. Act, 1937.
ru

Saptapadi Taking seven steps together, a Not a legal requirement under HMA, 1955,
Ki

significant Hindu marriage ceremony but holds symbolic importance.

ritual.

Saroj Rani v Sudarshan Kumar Case defining cruelty in the context of HMA, 1955 (interpreted concept of
AIR 1984 SC mental cruelty as a ground for divorce. cruelty).
 3

.B
Topic Short Note Legal Provisions

LL
Acknowledgement A legal declaration recognizing a man as Relevant sections under the Hindu Succession

,
of Paternity the father of a child, often necessary for Act, 1956, and the Muslim law principles.

BA
establishing inheritance rights.

,M
Ancient Forms of Historical marriage practices such as Manusmriti and other ancient Hindu
Marriage Swayamvara, Gandharva, and Asura scriptures.
marriages, reflecting cultural and societal

BE
norms.
an
Ante Adoption An agreement made before the adoption, Section 10, Hindu Adoption and Maintenance
Agreement detailing terms and conditions related to Act, 1956.
as

the adoption process.

iv

De Facto Guardian A person who assumes the role of a Not recognized under the Guardians and
guardian without legal authority, often Wards Act, 1890.
in

based on the need or situation.

Sr

Deferred Dower The portion of dower (mahr) in Islamic Section 10, Muslim Personal Law (Shariat)
n

marriage that is payable to the wife at a Application Act, 1937.

ra

later date, often upon divorce or death of

the husband.
ka

Deivani Achi v A landmark case addressing the validity of AIR 1954 SC 225.
ba

Chidambaram the customary marriage practices and the

Chettiar rights of women under such customs.
ru

Desertion Abandonment of one spouse by the other Section 13(1)(ib), Hindu Marriage Act, 1955.
Ki

without reasonable cause and against the

wish of the deserted spouse.

Divorce by Mutual A form of divorce where both parties agree Section 13B, Hindu Marriage Act, 1955.
Consent to dissolve the marriage amicably.
 4

Doctrine of Legal doctrine that allows an act to be Applied in cases under Hindu adoption and
Relation Back considered as having taken place from an succession laws.
earlier date.

Dower A mandatory gift by the husband to the Section 10, Muslim Personal Law (Shariat)
wife in Islamic marriage, symbolizing Application Act, 1937.
respect and responsibility.

.B
Effect of Special Marriages under the Special Marriage Act Special Marriage Act, 1954.
Marriage provide for civil marriages, granting legal

LL
status irrespective of religion.

Fasid Marriage An irregular marriage in Islamic law that Muslim Personal Law principles.

,
BA
can be rectified by removing the
impediment.

,M
Iddat A waiting period a Muslim woman must Sections of the Muslim Personal Law (Shariat)
observe after the death of her husband or Application Act, 1937.

BE
a divorce before she can remarry.

Ijma Consensus among Islamic scholars on a Recognized under various Islamic

an
legal issue, forming a source of Islamic law. jurisprudence texts.
as

Judicial A legal decree by a court that separates Section 10, Hindu Marriage Act, 1955.
Separation spouses without dissolving the marriage.
iv
in

Kinds of Islamic Various forms including Talaq-e-Ahsan, Muslim Personal Law principles.
Divorce Talaq-e-Hasan, and Talaq-e-Biddat.
Sr

Kinds of Joint Ancestral property and self-acquired Hindu Succession Act, 1956.
n

Family Property property that can become joint family

ra

property under Hindu law.

ka

Legal Cruelty Acts that cause mental or physical harm to Section 13(1)(ia), Hindu Marriage Act, 1955.
the spouse, making it difficult to live
ba

together.
ru

Maintenance Temporary maintenance awarded during Section 24, Hindu Marriage Act, 1955.
Ki

Pendente Lite the pendency of legal proceedings.

Minister of Clergy authorized to conduct marriages Indian Christian Marriage Act, 1872.
Religion under the under the Indian Christian Marriage Act.
Christian Act

Muta Marriage A temporary marriage in Shia Islam with a Shia Muslim Personal Law principles.
fixed duration and agreed upon conditions.
 5

Option of Puberty The right of a Muslim minor girl to Section 2(vii), Dissolution of Muslim Marriages
repudiate her marriage upon reaching Act, 1939.
puberty.

Power of Natural Legal authority of parents over their minor Section 6, Hindu Minority and Guardianship
Guardian children's person and property. Act, 1956.

Prohibited Degree Relatives within a certain degree of Section 3(g), Hindu Marriage Act, 1955.

.B
of Relationship consanguinity or affinity who cannot
legally marry.

LL
Prohibited Specific relationships forbidden for Various personal laws and statutory provisions.
Relation marriage due to consanguinity, affinity, or

,
BA
legal restrictions.

Saptapadi Seven steps taken by the couple around Section 7, Hindu Marriage Act, 1955.

,M
the sacred fire, signifying the completion
of a Hindu marriage.

BE
Saroj Rani vs A case that discussed the applicability of AIR 1984 SC 1562.
Sudarshan Kumar restitution of conjugal rights.
an
Schools of Different schools like Hanafi, Shafi'i, Maliki, Various Islamic jurisprudence texts.
as

Mohammedan and Hanbali, which interpret Islamic law.

Law
iv
in

Source of Muslim The Quran, Hadith, Ijma, and Qiyas form Recognized under Muslim Personal Law.
Law the primary sources of Muslim law.
Sr

Specific Dower A fixed amount or property agreed upon at Muslim Personal Law principles.
n

the time of marriage in Islamic law.

ra

Specified Dower A dower amount specified based on Muslim Personal Law principles.
ka

customary practices, often reflecting the

bride's status.
ba

Talaq Hasan A form of Islamic divorce pronounced Muslim Personal Law principles.
ru

three times over a period of three months.

Ki

Talaq ul Biddat Instant triple talaq, a controversial and Section 3, Muslim Women (Protection of Rights
now banned form of divorce in India. on Marriage) Act, 2019.

Valid and Irregular Valid marriage (Sahih) meets all legal Muslim Personal Law principles.
Marriage under requirements, while irregular (Fasid) can
Muslim Marriage be corrected.
 6

Zihar An oath by a husband declaring his wife to Muslim Personal Law principles.
be like his mother, requiring expiation to
resume marital relations.

.B
, LL
BA
,M
12 MARKS

BE
1. Who is a guardian explain the kinds and powers of the guardian under the Hindu
minority and guardianship act NOV2023
an
The Hindu Minority and Guardianship Act, 1956 (HMGA), provides a legal framework for
as

guardianship of minors within Hindu law. A guardian is a person who is responsible for the
care of a minor and/or their property.
iv
in

Types of Guardians
Sr

1. Natural Guardians:
● Section 6: Defines the natural guardians for both the person and the property
n

of a Hindu minor. The natural guardians are:

ra

● For a boy or an unmarried girl: The father, and after him, the mother.
● For an illegitimate boy or an illegitimate unmarried girl: The mother,
ka

and after her, the father.

ba

● For a married girl: The husband.

● The custody of a minor under the age of five years is ordinarily with the
ru

mother, regardless of the father's status as the natural guardian.

Ki

2. Testamentary Guardians:
● Section 9: Allows a guardian to be appointed through a will.
● The father of a Hindu minor has the right to appoint a guardian for his
minor children by will.
● The mother also has this right, but it becomes effective only after the
death of the father if he has not appointed a guardian.
3. Guardians Appointed by the Court:
 7

● Section 13: Empowers the court to appoint a guardian for the welfare of the
minor, considering the child's best interests.
4. De facto Guardian:
● Although not explicitly mentioned in the Act, a de facto guardian is someone
who assumes the responsibilities of a guardian without legal authority. Their
role is recognized to a limited extent in judicial interpretations.

.B
Powers of Guardians

LL
1. Natural Guardian:
● Section 8(1): A natural guardian has the power to do all acts necessary or

,
BA
proper for the benefit of the minor or the minor's estate.
● Section 8(2): However, a natural guardian cannot, without prior permission of

,M
the court:
● Mortgage or charge the minor's immovable property.

BE
● Transfer by sale, gift, exchange, or otherwise any part of the minor's
immovable property.
● Lease the minor's property for a term exceeding five years or for a
an
term extending more than one year beyond the date on which the
as

minor will attain majority.

2. Testamentary Guardian:
iv

● Section 9: A testamentary guardian has similar powers to a natural guardian

in

but is subject to any restrictions imposed by the will.

Sr

3. Guardian Appointed by the Court:

● Section 13: The powers of a guardian appointed by the court are defined by
n

the court, prioritizing the welfare of the minor.

ra
ka

Landmark Judgments
ba

1. Githa Hariharan vs. Reserve Bank of India (1999) 2 SCC 228:

● Facts: The case challenged the constitutional validity of Section 6(a) of the
ru

HMGA, which named the father as the primary natural guardian.

Ki

● Judgment: The Supreme Court interpreted the term "after" in Section 6(a) to
mean "in the absence of" rather than "after the lifetime of" the father. This
ensured that the mother could also act as the natural guardian during the
father's lifetime if circumstances warranted it.
● Significance: This judgment ensured gender equality in guardianship rights,
recognizing the mother's role equally with the father.
 8

2. Jijabai Vithalrao Gajre vs. Pathankhan (1971) 2 SCC 717:

● Facts: The case dealt with the rights of a mother to act as a guardian for her
minor daughter when the father had abandoned them.
● Judgment: The Supreme Court held that when the father is not taking
interest in the affairs of the minor, the mother could act as the natural
guardian.
● Significance: This case reinforced the rights of the mother to act as a
guardian in the absence of active involvement by the father.

.B
LL
Summary

,
BA
The Hindu Minority and Guardianship Act, 1956, categorizes guardians into natural,
testamentary, and court-appointed, each with defined powers and limitations to act in the

,M
minor's best interests. Landmark judgments such as Githa Hariharan and Jijabai Vithalrao
Gajre have further interpreted and expanded the understanding of guardianship to ensure

BE
the welfare of the minor and gender equality in guardianship roles.
an
as

2. Explain the various provisions required for a valid Hindu adoption under the Hindu
adoption and maintenance act
iv

The Hindu Adoption and Maintenance Act, 1956, lays down the conditions for a valid
in

adoption among Hindus, specifying the requirements for the person adopting, the person
giving in adoption, and the person being adopted.
Sr

Legal Provisions for a Valid Adoption

n
ra

1. Capacity of the Adopter:

● Section 6: Specifies who may adopt:
ka

● Any male Hindu who is of sound mind, not a minor, and has a wife
ba

living (with her consent unless she has renounced the world,
converted to another religion, or been declared of unsound mind by a
ru

court).
Ki

● Any female Hindu who is of sound mind, not a minor, and is not
married (if married, her husband must be dead, renounced the world,
converted, or been declared of unsound mind by a court).
2. Capacity to Give in Adoption:
● Section 9: Specifies who has the capacity to give a child in adoption:
● Only the father, mother, or guardian can give a child in adoption.
● If both parents are alive, both must consent to the adoption.
 9

● A guardian can give a child in adoption with the court's permission.

3. Eligibility of the Child:
● Section 10: Lists the eligibility criteria for a child to be adopted:
● The child must be a Hindu.
● The child has not already been adopted.
● The child must not be married (unless there is a custom or usage
applicable to the parties which permits such adoption).
● The child must not have completed the age of fifteen years (unless

.B
there is a custom or usage applicable to the parties which permits

LL
such adoption).
4. Other Conditions for a Valid Adoption:

,
● Section 11: Specifies additional conditions for a valid adoption:

BA
● If adopting a son, the adopter must not have a Hindu son, son's son, or
son's son's son living at the time of adoption.

,M
● If adopting a daughter, the adopter must not have a Hindu daughter
or son's daughter living at the time of adoption.

BE
● If the adopter is a male and adopts a female, the adopter must be at
least twenty-one years older than the child.
an
● If the adopter is a female and adopts a male, the adopter must be at
least twenty-one years older than the child.
as

● The same child cannot be adopted simultaneously by two or more

iv

persons.
● The adoption must be made in compliance with the conditions of the
in

Act.
Sr
n
ra

Landmark Judgments
ka

1. Sawan Ram vs. Kalawanti (1967) 3 SCR 687:

ba

● Facts: This case dealt with the validity of an adoption made by a Hindu widow
after her husband’s death.
ru

● Judgment: The Supreme Court held that a Hindu widow has the capacity to
adopt a son to her deceased husband. The adoption made by the widow was
Ki

considered valid, fulfilling the conditions laid down under the Act.
● Significance: This judgment clarified that a widow could adopt a son with the
same legal validity as her husband if she followed the prescribed conditions,
thereby preserving the lineage and religious duties of the deceased husband.
2. Ghisalal vs. Dhapubai (2011) 2 SCC 298:
 10

● Facts: The case revolved around the dispute of the validity of an adoption
made by a widow without the consent of her deceased husband's relatives.
● Judgment: The Supreme Court ruled that the consent of the deceased
husband's relatives is not necessary for a widow to adopt. The widow, having
full capacity to adopt, need only comply with the conditions set out in the
Act.
● Significance: This case reinforced the autonomy and capacity of a widow to
adopt without external consent, provided the adoption met the legal

.B
requirements of the Act.

, LL
Summary

BA
The Hindu Adoption and Maintenance Act, 1956, outlines clear provisions for a valid

,M
adoption, including the capacities of the adopter and the person giving in adoption, and the
eligibility of the child. The Act emphasizes the importance of consent, eligibility, and

BE
compliance with specified conditions to ensure a lawful adoption. Landmark judgments
such as Sawan Ram vs. Kalawanti and Ghisalal vs. Dhapubai have further clarified and
reinforced these provisions, ensuring the Act's application is consistent with its intended
an
purpose.
as
iv
in

3. What is Talaq, explain the various modes of Talaq and its effect?
Talaq is the Arabic term for divorce in Islamic law, which allows a Muslim husband to legally
Sr

dissolve his marriage by pronouncing "Talaq." This practice is governed by Sharia law and
n

varies in terms of procedure and recognition across different Islamic schools of thought. In
ra

India, Muslim personal law regarding talaq is primarily governed by the Muslim Personal
Law (Shariat) Application Act, 1937.
ka

Various Modes of Talaq

ba

1. Talaq-e-Ahsan:
ru

● Definition: The most approved form of talaq, which involves a single

Ki

pronouncement of "talaq" followed by abstinence from sexual relations

during the iddat period (three menstrual cycles or three lunar months).
● Revocability: It is revocable during the iddat period, meaning the husband
can resume marital relations without a fresh nikah (marriage contract).
2. Talaq-e-Hasan:
● Definition: This involves pronouncing "talaq" three times over three
consecutive tuhrs (menstrual cycles) with abstinence from sexual relations.
 11

● Revocability: After the first and second pronouncements, the talaq is

revocable. However, after the third pronouncement, it becomes irrevocable.
3. Talaq-e-Biddat (Triple Talaq):
● Definition: An instant and irrevocable form of talaq where the husband
pronounces "talaq" three times in one sitting.
● Legal Status: This mode was declared unconstitutional by the Supreme Court
of India in 2017 (Shayara Bano case) and subsequently criminalized by the
Muslim Women (Protection of Rights on Marriage) Act, 2019.

.B
4. Talaq-e-Tafweez:

LL
● Definition: Delegated divorce where the husband delegates the power of
talaq to his wife or a third party through a mutual agreement.

,
● Revocability: Depends on the terms of the delegation, but generally

BA
irrevocable once exercised.
5. Khula:

,M
● Definition: A divorce initiated by the wife, where she offers compensation
(often her mahr) to the husband to release her from the marriage.

BE
● Legal Process: Requires the husband's consent.
6. Mubarat:
an
● Definition: Mutual divorce where both husband and wife agree to dissolve
the marriage.
as

● Legal Process: Immediate and mutual agreement leads to an irrevocable

iv

divorce.
in
Sr

Effects of Talaq
n

1. End of Marital Obligations:

ra

● Upon a valid talaq, the marital relationship between the husband and wife is
dissolved, and both parties are free to remarry after the iddat period.
ka

2. Maintenance:
ba

● The husband is required to provide maintenance (nafaqah) to the wife during

the iddat period. Post-iddat, the wife is not entitled to maintenance unless
ru

she is pregnant or there are special circumstances.

3. Custody of Children:
Ki

● The custody (hizanat) of minor children typically goes to the mother, but the
father remains the natural guardian responsible for the child's maintenance.
4. Mahr:
● The wife retains her right to dower (mahr) unless the divorce is initiated by
her without valid reason (in which case she may need to return it).
 12

Landmark Judgements

1. Shayara Bano vs. Union of India (2017) 9 SCC 1:

● Facts: Shayara Bano challenged the constitutionality of triple talaq
(talaq-e-biddat), polygamy, and nikah halala.
● Judgment: The Supreme Court declared triple talaq unconstitutional and
void. The practice was held to violate the fundamental rights of Muslim
women.

.B
● Significance: This judgment led to the criminalization of triple talaq by the
Muslim Women (Protection of Rights on Marriage) Act, 2019.

LL
2. Danish Latif vs. Mohammad Lattif (2021):
● Facts: The case involved a dispute over the validity of a talaq pronounced in a

,
BA
fit of anger without following proper procedure.
● Judgment: The court held that a valid talaq must fulfill all procedural

,M
requirements, including the pronouncement during a tuhr (non-menstrual
period) and the presence of witnesses in certain cases.
● Significance: Reinforced the importance of adhering to proper procedures

BE
for talaq, ensuring it is not pronounced impulsively or capriciously.
an
as

Summary
Talaq, or divorce under Muslim law, includes various modes such as Talaq-e-Ahsan,
iv

Talaq-e-Hasan, and Talaq-e-Biddat. Each mode has specific procedures and implications,
in

with the recent criminalization of Talaq-e-Biddat marking a significant legal development

Sr

in India. Landmark judgments like Shayara Bano vs. Union of India and Danish Latif vs.
Mohammad Lattif have further clarified the legal landscape, ensuring that the rights and
n

procedures surrounding talaq are respected and upheld.

ra
ka
ba

4. Explain the conditions and procedures relating to solemnisation of marriages under

ru

the Special Marriage Act 1954. MAY2023

Ki

The Special Marriage Act, 1954, provides a special form of marriage for individuals who do
not wish to solemnize their marriage according to the religious customs. It applies to all
Indian citizens irrespective of religion, and also to Indian nationals living abroad.

Conditions for a Valid Marriage

1. Age:
 13

● Section 4(a): The male must have completed the age of 21 years and the
female must have completed the age of 18 years at the time of marriage.
2. Monogamy:
● Section 4(b): Neither party should have a living spouse at the time of
marriage. The parties should be single, widowed, or legally divorced.
3. Mental Capacity:
● Section 4(c): Both parties must be capable of giving valid consent. They
should not be suffering from any mental disorder that makes them unfit for

.B
marriage and procreation of children.

LL
4. Prohibited Relationship:
● Section 4(d): The parties should not fall within the degrees of prohibited

,
relationship unless the customs governing at least one of the parties permit

BA
such a marriage.

,M
Procedure for Solemnisation of Marriage

1. Notice of Intended Marriage:

BE
● Section 5: The parties intending to marry must give a notice in writing to the
an
Marriage Officer of the district where at least one of the parties has resided
as

for at least 30 days prior to the notice.

2. Publication of Notice:
iv

● Section 6: The Marriage Officer will publish the notice in a specified manner
in

and keep it in the Marriage Notice Book, which is open for public inspection.
Sr

3. Objections to Marriage:
● Section 7: Any person can object to the marriage within 30 days of the notice
n

on the grounds that it would contravene one or more of the specified

ra

conditions (Section 4).

4. Inquiry into Objections:
ka

● Section 8: The Marriage Officer must inquire into the objections. If the
ba

objections are upheld, the marriage cannot proceed. If the objections are
dismissed, the marriage can proceed.
ru

5. Declaration and Witnesses:

● Section 11: Before the marriage is solemnized, the parties must make a
Ki

declaration in the presence of the Marriage Officer and three witnesses. The
declaration must be signed by the parties and the witnesses.
6. Solemnization of Marriage:
● Section 12: After the declaration, the marriage can be solemnized in any form
chosen by the parties. The marriage is then registered by the Marriage
Officer, and a certificate of marriage is issued.
 14

7. Registration of Marriage:
● Section 13: The Marriage Officer will enter a certificate in the Marriage
Certificate Book and such a certificate is conclusive proof of the marriage.

Landmark Judgements

1. Smt. Seema vs. Ashwani Kumar (2006) 2 SCC 578:

.B
● Facts: This case dealt with the issue of registration of marriages.

LL
● Judgment: The Supreme Court directed that all marriages in India,
irrespective of the religion of the parties, be compulsorily registered to
prevent child marriages, bigamy or polygamy, and to protect the rights of

,
BA
women.
● Significance: This judgment highlighted the importance of marriage

,M
registration under the Special Marriage Act, thereby ensuring legal
recognition and protection for married individuals.

BE
2. Lata Singh vs. State of Uttar Pradesh (2006) 5 SCC 475:
● Facts: Lata Singh, a Hindu woman, married a man from another caste under
the Special Marriage Act. Her marriage was opposed by her family.
an
● Judgment: The Supreme Court upheld the validity of the inter-caste marriage
as

and directed that the couple should be protected from harassment by their
family or community.
iv

● Significance: This judgment reinforced the legality of inter-caste and

in

inter-religious marriages under the Special Marriage Act and affirmed the
Sr

protection of couples marrying under this Act.

n
ra

Summary
ka

The Special Marriage Act, 1954, provides a secular and legal framework for marriage,
ensuring that parties from different religions, castes, or backgrounds can marry without
ba

the constraints of religious customs. It lays down specific conditions and procedures for a
valid marriage, including age, mental capacity, and the absence of a living spouse.
ru

Landmark judgments like Smt. Seema vs. Ashwani Kumar and Lata Singh vs. State of Uttar
Ki

Pradesh have further solidified the importance of marriage registration and the protection
of inter-caste and inter-religious marriages under this Act.
 15

5. Explain the procedures followed in a marriage solemnized by the Marriage Registrar

appointed under the Indian Christian Marriage Act 1872?
The Indian Christian Marriage Act, 1872, provides a legal framework for the solemnization
of marriages among Christians in India. This Act outlines the procedures to be followed for
the registration and solemnization of marriages by a Marriage Registrar.

Legal Provisions for Marriage Solemnization

.B
1. Notice of Intended Marriage:
● Section 38: When a marriage is intended to be solemnized, one of the parties

LL
must give notice in writing to the Marriage Registrar of the district in which
the parties have lived for at least 14 days.

,
2. Publication of Notice:

BA
● Section 40: The Marriage Registrar will publish the notice in a conspicuous

,M
part of his office and enter it into the Marriage Notice Book, which is open
for public inspection.
3. Objection to Marriage:

BE
● Section 41: Any person can object to the marriage within 30 days of the
publication of the notice. The objection must be submitted in writing to the
an
Marriage Registrar, who will then inquire into the validity of the objection.
4. Inquiry into Objections:
as

● Section 42: If an objection is raised, the Marriage Registrar is required to

iv

investigate the claim. If the objection is upheld, the marriage cannot proceed.
in

If dismissed, the marriage can proceed.

5. Declaration and Oath:
Sr

● Section 43: Prior to the marriage, the parties must appear before the
Marriage Registrar and make a declaration that they do not know of any
n

lawful impediment to the marriage. They must also take an oath affirming
ra

this declaration.
ka

6. Solemnization of Marriage:
● Section 45: The marriage can be solemnized by the Marriage Registrar or by a
ba

licensed minister of religion. The ceremony must take place in the presence
ru

of two witnesses besides the Marriage Registrar.

7. Marriage Certificate:
Ki

● Section 47: After the marriage has been solemnized, the Marriage Registrar
will enter a certificate in the Marriage Certificate Book. This certificate is
signed by the parties, witnesses, and the Registrar, and serves as conclusive
proof of the marriage.
8. Registration of Marriage:
 16

● Section 50: The marriage must be registered in the Marriage Register Book,
and the Registrar will issue a certified copy of the entry to the parties on
request.

Landmark Judgements

1. Lily Thomas vs. Union of India (2000) 6 SCC 224:

.B
● Facts: This case addressed the issue of conversion to Islam solely for the

LL
purpose of contracting a second marriage.
● Judgment: The Supreme Court held that conversion to another religion with
the intent to circumvent the provisions of another personal law is not valid. It

,
BA
was also held that a second marriage during the subsistence of the first
marriage, even if under a different personal law, would be illegal.

,M
● Significance: This judgment emphasized the importance of genuine
adherence to religious conversion and upheld the sanctity of marriage laws

BE
across different religions, including those solemnized under the Indian
Christian Marriage Act.
2. G. Samuel vs. Union of India (2013):
an
● Facts: This case involved the validity of marriages registered under the Indian
as

Christian Marriage Act without following due procedures.

● Judgment: The High Court held that the procedures and conditions laid
iv

down by the Indian Christian Marriage Act must be strictly adhered to for a
in

marriage to be legally valid.

Sr

● Significance: This judgment reinforced the necessity of complying with all

procedural requirements under the Act, ensuring the legality and
n

authenticity of marriages registered under it.

ra
ka

Summary
ba

The Indian Christian Marriage Act, 1872, provides a comprehensive procedure for the
solemnization and registration of Christian marriages in India. This includes giving notice,
ru

addressing objections, making declarations and oaths, and obtaining a marriage certificate.
Ki

Landmark judgments like Lily Thomas vs. Union of India and G. Samuel vs. Union of India
have underscored the importance of following these procedures to ensure the validity and
legality of marriages. These judgments also highlight the broader implications of marriage
laws and the necessity of genuine adherence to religious and legal norms.
 17

6. Who are all dependents? Explain the claims of dependants under the Hindu
Adoptions and Maintenance Act.
The Hindu Adoptions and Maintenance Act, 1956, provides for the maintenance of
dependents in addition to the wife, children, and aged or infirm parents. The term
"dependent" is defined under Section 21 of the Act.

Definition of Dependents

.B
Under Section 21, the term "dependent" includes:

LL
1. Father

,
BA
2. Mother
3. Widowed daughter-in-law

,M
4. Son's daughter
5. Son's son

BE
6. Daughter's daughter
7. Daughter's son
8. Widow of a predeceased son
an
9. Widow of a predeceased son of a predeceased son
as

10. Minor illegitimate son

11. Unmarried illegitimate daughter
iv
in

Claims of Dependents
Sr

The claims of dependents for maintenance are provided under Section 22 of the Act. These
provisions ensure that dependents are not left destitute and have a legal right to claim
n

maintenance from the estate of the deceased.

ra
ka

1. Maintenance from Estate:

● Section 22(1): The heirs of a deceased Hindu are liable to maintain the
ba

dependents of the deceased out of the estate inherited by them from the
ru

deceased.
2. Proportionate Liability:
Ki

● Section 22(2): The liability of each heir is proportionate to the extent of the
share or part of the estate taken by him.
3. Maintenance from Property:
● Section 22(3): Any person who takes the estate of the deceased subject to the
obligation to maintain dependents is liable to maintain them.
4. Maintenance Amount:
 18

● Section 22(4): The amount of maintenance to be provided is at the discretion

of the court, considering the dependents' needs and the deceased's estate
size.

Landmark Judgements

1. V. Sivagnanam vs. M. Gopala Krishnan (1972 AIR 655, 1972 SCR (2) 233):

.B
● Facts: This case dealt with the maintenance claim of a widowed

LL
daughter-in-law against the estate of her deceased father-in-law.
● Judgment: The Supreme Court held that a widowed daughter-in-law is
entitled to maintenance from the deceased father-in-law’s estate, reinforcing

,
BA
the provisions of the Act.
● Significance: This judgment emphasized the importance of the maintenance

,M
rights of a widowed daughter-in-law under the Hindu Adoptions and
Maintenance Act, ensuring her financial security.

BE
2. Jagdish Jugtawat vs. Manju Lata (2002) 5 SCC 422:
● Facts: This case involved the maintenance claim of a minor daughter against
her father.
an
● Judgment: The Supreme Court upheld the minor daughter’s right to
as

maintenance, emphasizing that the liability to maintain a dependent child

continues even if the child is not residing with the father.
iv

● Significance: This judgment highlighted the enduring responsibility of

in

parents to maintain their children, reinforcing the child’s right to

Sr

maintenance under the Act.

n
ra

Summary
ka

The Hindu Adoptions and Maintenance Act, 1956, ensures the maintenance of dependents,
defining them comprehensively under Section 21. Section 22 elaborates on the heirs'
ba

liability to provide maintenance to these dependents from the deceased's estate. Landmark
judgments such as V. Sivagnanam vs. M. Gopala Krishnan and Jagdish Jugtawat vs. Manju
ru

Lata have reinforced these provisions, ensuring financial security and upholding the rights
Ki

of dependents to claim maintenance.

7. Discuss the grounds of Divorce available under the Hindu Marriage Act 1955 -
DEC2022
 19

The Hindu Marriage Act, 1955, lays down specific grounds on which a spouse can seek a
divorce. These grounds are provided under Sections 13(1) and 13(2) of the Act. Below is a
table summarizing the grounds along with their legal provisions.

Ground Section Description

Voluntary sexual intercourse with any person other than

Adultery Section 13(1)(i)
the spouse after the solemnization of the marriage.

.B
Inflicting physical or mental harm that makes living

LL
Cruelty Section 13(1)(ia)
together unbearable.

,
Desertion without reasonable cause for a continuous

BA
Desertion Section 13(1)(ib)
period of not less than two years.

,M
Conversion Section 13(1)(ii) Conversion to another religion by either spouse.

Unsoundness Incurable unsoundness of mind or mental disorder making

BE
Section 13(1)(iii)
of Mind cohabitation unreasonable.

Leprosy Section 13(1)(iv) Incurable and virulent leprosy.

an
Venereal
as

Section 13(1)(v) Incurable venereal disease in a communicable form.

Disease
iv

Renunciation
Section 13(1)(vi) Renouncing the world by entering a religious order.
in

of the World
Sr

Presumption of Not heard of as being alive for a period of seven years or

Section 13(1)(vii)
Death more.
n
ra

No Resumption No resumption of cohabitation after a decree of judicial

Section 13(1A)(i) &
of separation or restitution of conjugal rights for one year or
ka

(ii)
Cohabitation more.
ba

Divorce by
Both parties living separately for one year or more and
Mutual Section 13B
ru

mutually agreeing that the marriage should be dissolved.

Consent
Ki

Option of puberty, applicable only to a wife married before

Repudiation of
Section 13(2)(iv) attaining the age of 15 and repudiating the marriage after
Marriage
attaining that age but before turning 18.

Landmark Judgements

1. Naveen Kohli vs. Neelu Kohli (2006) 4 SCC 558:

 20

Facts: The husband filed for divorce on the grounds of cruelty, alleging that
●
his wife had caused mental agony and harassment.
● Judgment: The Supreme Court granted the divorce, emphasizing that the
marriage had broken down irretrievably. The Court stated that cruelty can be
both physical and mental, and continuous mental torture can be grounds for
divorce.
● Significance: This case highlighted the importance of mental cruelty as a
ground for divorce and established that irretrievable breakdown of marriage

.B
can be a valid ground for divorce.

LL
2. Samar Ghosh vs. Jaya Ghosh (2007) 4 SCC 511:
● Facts: The husband sought divorce on the grounds of cruelty, claiming that

,
his wife had subjected him to mental cruelty.

BA
● Judgment: The Supreme Court elaborated on the concept of mental cruelty,
providing a detailed framework for what constitutes mental cruelty in a

,M
marriage.
● Significance: This judgment provided clarity on the concept of mental

BE
cruelty, setting precedents for future cases. It emphasized that mental
cruelty is a valid ground for divorce under the Hindu Marriage Act.
an
as

Summary
iv

The Hindu Marriage Act, 1955, provides various grounds for divorce, ranging from adultery
in

and cruelty to desertion and mental disorder. Sections 13(1) and 13(2) specify these grounds
in detail. Landmark judgments like Naveen Kohli vs. Neelu Kohli and Samar Ghosh vs. Jaya
Sr

Ghosh have further clarified these grounds, particularly focusing on mental cruelty and the
n

irretrievable breakdown of marriage. These provisions and judgments together provide a

ra

comprehensive framework for seeking divorce under the Act.

ka
ba
ru

8. Discuss the conditions necessary for the valid registration of marriage under Special
Marriage Act 1954
Ki

The Special Marriage Act, 1954, provides a secular and legal framework for the
solemnization and registration of marriages in India. Below are the conditions necessary
for the valid registration of marriage under this Act, along with their legal provisions.

Legal
Condition Provision Description
 21

Notice of One of the parties must give notice in writing to the Marriage
Intended Section 5 Officer of the district where at least one of the parties has
Marriage resided for at least 30 days prior to the notice.

The Marriage Officer will publish the notice in a specified

Publication of
Section 6 manner and keep it in the Marriage Notice Book, open for
Notice
public inspection.

.B
Any person can object to the marriage within 30 days of the
Objections to
Section 7 notice on specified grounds. The objection must be submitted
Marriage

LL
in writing to the Marriage Officer.

The Marriage Officer must inquire into the objections. If

,
Inquiry into

BA
Section 8 upheld, the marriage cannot proceed; if dismissed, the
Objections
marriage can proceed.

,M
The parties must make a declaration in the presence of the
Declaration and
Section 11 Marriage Officer and three witnesses affirming that they are

BE
Witnesses
not aware of any lawful impediment to the marriage.

The marriage can be solemnized in any form chosen by the

an
Solemnization of
Section 12 parties in the presence of the Marriage Officer and two
Marriage
witnesses.
as

After the marriage is solemnized, the Marriage Officer will

iv

Registration of
Section 13 enter a certificate in the Marriage Certificate Book, which
in

Marriage
serves as conclusive proof of the marriage.
Sr

Landmark Judgements
n

1. Seema vs. Ashwani Kumar (2006) 2 SCC 578:

ra

● Facts: This case addressed the issue of the registration of marriages.

ka

● Judgment: The Supreme Court directed that all marriages in India,

irrespective of the religion of the parties, be compulsorily registered to
ba

prevent child marriages, bigamy, or polygamy, and to protect the rights of

ru

women.
● Significance: This judgment emphasized the importance of marriage
Ki

registration under the Special Marriage Act, thereby ensuring legal

recognition and protection for married individuals.
2. Lata Singh vs. State of Uttar Pradesh (2006) 5 SCC 475:
● Facts: Lata Singh, a Hindu woman, married a man from another caste under
the Special Marriage Act. Her marriage was opposed by her family.
 22

● Judgment: The Supreme Court upheld the validity of the inter-caste marriage
and directed that the couple should be protected from harassment by their
family or community.
● Significance: This judgment reinforced the legality of inter-caste and
inter-religious marriages under the Special Marriage Act and affirmed the
protection of couples marrying under this Act.

.B
Summary

LL
The Special Marriage Act, 1954, lays down specific conditions for the valid registration of
marriages, ensuring that the process is transparent and legally binding. These conditions

,
BA
include giving notice, addressing objections, making declarations, solemnizing the
marriage, and registering it with the Marriage Officer. Landmark judgments like Seema vs.

,M
Ashwani Kumar and Lata Singh vs. State of Uttar Pradesh have further solidified the
importance of marriage registration under this Act, ensuring legal recognition and

BE
protection for married individuals regardless of their religion or caste.
an
as

9. Explain the claims of maintenance of wife and parents under Hindu and Muslim
iv

Laws
in

Both Hindu and Muslim laws provide for the maintenance of wives and parents, though the
provisions and interpretations vary between these two legal systems. Below is a table
Sr

summarizing the key legal provisions for maintenance under Hindu and Muslim laws.
n
ra

Aspect Hindu Law Muslim Law

ka

Muslim Women (Protection of

Legal Hindu Adoptions and Maintenance Act,
Rights on Divorce) Act, 1986 and
ba

Provisions 1956
personal law interpretations
ru

Section 18: Wife can claim maintenance Personal Law and Muslim Women
from husband if: <br>- He is guilty of Act: Wife can claim maintenance
Ki

desertion or abandonment.<br>- He has during the subsistence of the

Maintenance treated her with cruelty.<br>- He suffers marriage and for the iddat period
of Wife from a virulent form of leprosy.<br>- He has after divorce.<br>- Section 125 of
any other wife living.<br>- He keeps a CrPC: A divorced wife who is not
concubine in the same house or habitually remarried and unable to maintain
resides with her.<br>- He has ceased to be herself can claim maintenance.
 23

a Hindu by conversion to another

religion.<br>- Any other just cause.

Personal Law: Sons are obligated

to maintain their parents if the
Section 20: Sons and daughters are
parents do not have means of
Maintenance obligated to maintain aged and infirm
their own.<br>- Section 125 of
of Parents parents who are unable to maintain
CrPC: Parents can claim
themselves.

.B
maintenance if they are unable to
maintain themselves.

LL
Landmark Judgements

,
BA
Hindu Law

,M
1. Chaturbhuj vs. Sita Bai (2008) 2 SCC 316:
● Facts: The wife claimed maintenance under Section 125 of CrPC.

BE
● Judgment: The Supreme Court held that a wife is entitled to maintenance
even if she is earning, as long as she does not have sufficient means to
maintain herself.
an
● Significance: This judgment emphasized that maintenance should ensure the
as

wife lives in the same standard of living as she would in her matrimonial
home.
iv

2. Kirtikant D. Vadodaria vs. State of Gujarat (1996) 4 SCC 479:

in

● Facts: The mother-in-law sought maintenance from her son-in-law.

Sr

● Judgment: The Supreme Court ruled that under Section 125 of CrPC, a
son-in-law has no obligation to maintain his mother-in-law unless he
n

voluntarily takes up the responsibility.

ra

● Significance: This clarified the scope of maintenance obligations under Hindu

law.
ka
ba

Muslim Law
ru

1. Mohd. Ahmed Khan vs. Shah Bano Begum (1985) 2 SCC 556:
Ki

● Facts: A divorced Muslim woman claimed maintenance under Section 125 of

CrPC.
● Judgment: The Supreme Court held that a Muslim woman is entitled to
maintenance beyond the iddat period if she is unable to maintain herself.
● Significance: This landmark judgment led to the enactment of the Muslim
Women (Protection of Rights on Divorce) Act, 1986.
 24

2. Danial Latifi vs. Union of India (2001) 7 SCC 740:

● Facts: The validity of the Muslim Women (Protection of Rights on Divorce)
Act, 1986 was challenged.
● Judgment: The Supreme Court upheld the Act but interpreted that the
husband’s liability extends beyond the iddat period, ensuring fair and
reasonable provision and maintenance.
● Significance: This judgment ensured that divorced Muslim women receive
adequate maintenance even after the iddat period, harmonizing the Act with

.B
the constitutional mandate of non-discrimination.

, LL
Summary

BA
The Hindu Adoptions and Maintenance Act, 1956, and personal law provisions under

,M
Muslim law both cater to the maintenance of wives and parents. Hindu law explicitly details
conditions under which a wife and parents can claim maintenance, while Muslim law,

BE
augmented by the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensures
maintenance for wives, particularly post-divorce. Landmark judgments such as Chaturbhuj
vs. Sita Bai and Mohd. Ahmed Khan vs. Shah Bano Begum have further elucidated these
an
rights, ensuring fair treatment and financial security for claimants under both legal
as

systems.
iv
in
Sr

10. Explain the provisions in the Hindu Marriage Act 1955 regarding Restitution of
n

Conjugal Rights and its constitutional Validity. JUN2022

ra

The Hindu Marriage Act, 1955, contains provisions regarding the restitution of conjugal
rights under Section 9. This provision aims to provide a legal remedy for a spouse who has
ka

been deserted by the other without reasonable cause.

ba

Aspect Details
ru

Legal Provision Section 9 of the Hindu Marriage Act, 1955

Ki

If either the husband or the wife has, without reasonable excuse,

Restitution of
withdrawn from the society of the other, the aggrieved party may apply for
Conjugal Rights
restitution of conjugal rights.
 25

The court, on being satisfied of the truth of the statements made in the
Court's Inquiry petition and if there is no legal ground for refusal, may decree restitution
of conjugal rights accordingly.

The burden of proving reasonable excuse lies on the person who has
Reasonable Excuse
withdrawn from the society.

A decree for restitution of conjugal rights is enforceable by attachment of

Decree Execution

.B
property or detention in civil prison if not complied with.

LL
Constitutional Validity
The constitutional validity of Section 9 has been a subject of judicial scrutiny, especially

,
BA
concerning its compliance with fundamental rights guaranteed under the Indian
Constitution.

,M
Aspect Details

BE
Protection of life and personal liberty. Section 9 has been challenged for
Article 21
allegedly violating the right to privacy and personal liberty.
an
Right to equality before the law. Section 9 has also been examined for
as

Article 14
potential discrimination and equality issues.
iv

Judicial Courts have varied in their interpretations, balancing the rights of

in

Interpretation individuals with the intent of the legislation to protect marital relations.
Sr

Landmark Judgements
n

1. T. Sareetha vs. T. Venkata Subbaiah (1983) 4 SCC 705:

ra

● Facts: The wife challenged a decree for restitution of conjugal rights issued
ka

against her.
● Judgment: The Andhra Pradesh High Court held Section 9 to be
ba

unconstitutional as it violated Article 21 (right to privacy and personal liberty)

and Article 14 (right to equality).
ru

● Significance: This judgment was significant for highlighting the intrusion of

Ki

personal liberty and privacy that the provision could cause.

2. Saroj Rani vs. Sudarshan Kumar Chadha (1984) 4 SCC 90:
● Facts: The wife challenged the constitutional validity of Section 9 after a
decree for restitution of conjugal rights was issued against her.
● Judgment: The Supreme Court overruled the Andhra Pradesh High Court's
decision in T. Sareetha, upholding the constitutional validity of Section 9. The
 26

Court held that the provision was a means to protect and preserve the
marital bond.
● Significance: This judgment established that Section 9 is constitutionally
valid and does not violate Articles 14 or 21, emphasizing the intention to
reconcile estranged spouses.

.B
Summary
The Hindu Marriage Act, 1955, under Section 9, provides for the restitution of conjugal

LL
rights, allowing an aggrieved spouse to seek a legal remedy when the other spouse has
withdrawn from their society without reasonable cause. The constitutional validity of this

,
BA
provision has been debated, particularly in terms of its compliance with Articles 21 and 14
of the Indian Constitution. Landmark judgments like T. Sareetha vs. T. Venkata Subbaiah

,M
and Saroj Rani vs. Sudarshan Kumar Chadha have played crucial roles in shaping the
interpretation and application of Section 9, with the Supreme Court ultimately upholding

BE
its validity and reinforcing the provision's intent to safeguard marital relationships.
an
as

11. What is meant by Acknowledgement of Paternity under Muslim Law? What are the
iv

conditions to be fulfilled to render the Acknowledgement valid?

in

Acknowledgement of paternity under Muslim law is a legal declaration by a man accepting

a child as his legitimate offspring. This concept is significant for determining the child's
Sr

rights of inheritance, legitimacy, and maintenance.

n
ra

Conditions for Valid Acknowledgement of Paternity

ka

Condition Details
ba

The person making the acknowledgment (acknowledger) must be legally

Legal Capacity
capable of making such a declaration.
ru

The acknowledgee (child) must be of an age that makes paternity possible

Acknowledger's Age
Ki

biologically and socially. The minimum age difference should be 12.5 years.

The acknowledgment must be for a child born within a valid or voidable

Legitimacy
marriage, not for an illegitimate child.

Possibility of The child must not be someone whose paternity could be disproved by
Paternity physical or other evidence.
 27

Consent of the If the child is of unknown parentage, the mother's consent may be
Mother necessary, especially if she is married to another man.

Acceptance by the If the child is of age, their acceptance or at least no repudiation of the
Child acknowledgment is necessary.

The acknowledgment should ideally be made publicly or be supported by

Public Declaration
convincing evidence.

.B
Legal Provisions

LL
Aspect Details

Acknowledgment should be clear and unequivocal. The acknowledgment

,
Sunni Law

BA
should not conflict with known facts, like the age of the child.

Generally more stringent; acknowledgment must be corroborated by strong

,M
Shia Law
evidence and cannot be for an illegitimate child.

BE
Once acknowledged, the child has the same rights as a legitimate child,
Rights Conferred
including inheritance rights.
an
Disputes and The acknowledgment can be challenged in court if there is evidence to the
Challenges contrary. The burden of proof lies on the person challenging it.
as
iv

Landmark Judgements
in

1. Mohammed Allahabad Khan vs. Mohammad Ismail (1883) ILR 5 All 301:
● Facts: The plaintiff claimed inheritance based on the acknowledgment of
Sr

paternity by the deceased.

● Judgment: The Privy Council held that the acknowledgment was valid as it
n
ra

met the conditions of legitimacy and public acceptance.

● Significance: This case established the importance of public declaration and
ka

acceptance in acknowledgment of paternity under Muslim law.

2. Sadik Hussain vs. Hashim Ali (1916) 43 IA 212:
ba

● Facts: A child was acknowledged by a man as his legitimate son, but the
ru

legitimacy was disputed after his death.

● Judgment: The Privy Council ruled that acknowledgment alone does not
Ki

suffice without supporting evidence of legitimacy.

● Significance: This judgment emphasized that acknowledgment must align
with known facts and cannot contradict biological or social realities.

Summary
 28

Acknowledgment of paternity under Muslim law is a significant declaration that confers

legitimacy and inheritance rights to a child. The conditions for a valid acknowledgment
include the legal capacity of the acknowledger, possibility of paternity, public declaration,
and acceptance by the child if of age. Sunni and Shia interpretations have their nuances,
but the general principles align closely. Landmark judgments like Mohammed Allahabad
Khan vs. Mohammad Ismail and Sadik Hussain vs. Hashim Ali highlight the need for public
acknowledgment and adherence to biological and social facts, reinforcing the legal
framework for such declarations.

.B
, LL
12. Law of Divorce applicable to Christians

BA
The law governing divorce among Christians in India is primarily codified in the Indian
Divorce Act, 1869 and the Christian Marriage Act, 1872. Below is a detailed explanation of

,M
the legal provisions in table format.

BE
Aspect Legal Provision Details
an
- Adultery<br>- Conversion to another religion<br>-
Section 10 of Unsound mind for at least two years<br>- Leprosy for two
as

Grounds for the Indian years<br>- Venereal disease for two years<br>- Not heard
Divorce Divorce Act, of for seven years<br>- Failure to comply with a decree for
iv

1869 restitution of conjugal rights<br>- Cruelty<br>- Desertion

in

for two years.

Sr

Petition for Either spouse can present a petition for dissolution of

Section 10
Dissolution marriage on any of the specified grounds.
n
ra

Marriage can be declared null and void if:<br>- Bigamy<br>-

Nullity of Sections 18 and Prohibited degrees of consanguinity or affinity<br>-
ka

Marriage 19 Impotence<br>- Lunacy or mental disorder at the time of

marriage.
ba

Judicial A decree of judicial separation can be granted on similar

ru

Section 22
Separation grounds as divorce, without dissolving the marriage.
Ki

Alimony and Provision for alimony pendente lite and permanent

Section 36
Maintenance maintenance.

Custody of The court has the power to pass interim orders regarding
Section 41
Children the custody, education, and maintenance of minor children.
 29

Residuary The court has residuary powers to make any order which is
Section 45
Powers not specifically provided for by the Act.

Appeals Section 55 Parties can appeal against the decree in a higher court.

The court can adjourn the proceedings if there is a chance

Reconciliation Section 23
of reconciliation between the parties.

.B
Landmark Judgements

LL
1. Ammini E.J. vs. Union of India (1995) AIR 105:
● Facts: The petitioner challenged the constitutional validity of Section 10 of

,
the Indian Divorce Act, 1869, claiming it discriminated against Christian

BA
women by allowing only Christian men to file for divorce on the ground of
adultery alone.

,M
● Judgment: The Kerala High Court held that Section 10 of the Indian Divorce
Act was discriminatory and violative of Articles 14 (equality before law) and 15

BE
(prohibition of discrimination) of the Indian Constitution.
● Significance: This case led to an amendment in the Indian Divorce Act,
an
making the grounds for divorce uniform for both men and women.
2. Navin Chandra vs. Lata P. C. Naidu (AIR 1988 Bom 252):
as

● Facts: The husband sought divorce on the ground of cruelty under Section 10
of the Indian Divorce Act, alleging various instances of mental and physical
iv

cruelty by the wife.

in

● Judgment: The Bombay High Court granted the divorce, holding that the
Sr

husband's evidence sufficiently proved the wife's cruelty.

● Significance: This judgment reinforced the interpretation of cruelty under
n

the Indian Divorce Act, recognizing both physical and mental cruelty as valid
ra

grounds for divorce.

ka
ba

Summary
ru

The Indian Divorce Act, 1869, governs the dissolution of marriage among Christians in
India. The Act provides various grounds for divorce, nullity of marriage, judicial separation,
Ki

alimony, maintenance, and custody of children. Landmark judgments like Ammini E.J. vs.
Union of India and Navin Chandra vs. Lata P. C. Naidu have significantly impacted the
interpretation and application of the Act, ensuring gender equality and a broader
understanding of cruelty as a ground for divorce.
 30

13. Mention the grounds on which a Hindu Wife can seek a dissolution of marriage and
compare her position in that regard to that of Muslim wife. FEB2022
Under the Hindu Marriage Act, 1955, a Hindu wife can seek the dissolution of her marriage
on several grounds. Here is a detailed explanation of these grounds in table format.

.B
Legal
Ground Provision Details

LL
Section Voluntary sexual intercourse with any person other than the
Adultery
13(1)(i) spouse after the marriage.

,
BA
Section
Cruelty Conduct causing mental or physical suffering to the spouse.

,M
13(1)(ia)

Section Abandonment by the spouse without reasonable cause for at

Desertion

BE
13(1)(ib) least two years.

Section
an
Conversion Conversion to a non-Hindu religion by the spouse.
13(1)(ii)
as

Incurably unsound mind or suffering from a mental disorder to

Section
Unsound Mind such an extent that it is not reasonably expected to live with
iv

13(1)(iii)
the spouse.
in

Section
Sr

Leprosy Virulent and incurable leprosy.

13(1)(iv)
n

Section
Venereal Disease Incurable and communicable venereal disease.
ra

13(1)(v)
ka

Section
Renunciation Renunciation of the world by entering any religious order.
13(1)(vi)
ba

Presumption of Section
ru

Not heard of being alive for at least seven years.

Death 13(1)(vii)
Ki

No Resumption Section No resumption of cohabitation for one year after passing a

of Cohabitation 13(1A)(ii) decree for judicial separation.

Decree of Section No restitution of conjugal rights for one year after passing the
Restitution 13(1A)(i) decree.
 31

- Husband married before the commencement of the Act<br>-

Husband guilty of rape, sodomy, or bestiality<br>- Cohabitation
Special Grounds
Section 13(2) stopped for two years after decree of maintenance or court
for Wife
order under Section 125 of CrPC<br>- Marriage solemnized
before the age of 15, repudiated before the age of 18.

Grounds for Dissolution of Marriage for a Muslim Wife

.B
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim wife can seek the
dissolution of her marriage on various grounds. Here is a detailed explanation of these

LL
grounds in table format.

,
BA
Legal
Ground Provision Details

,M
Disappearance Section 2(i) Husband missing for four years.

BE
Failure to Provide
Section 2(ii) Husband's failure to provide maintenance for two years.
Maintenance
an
Husband sentenced to seven years or more of
Imprisonment Section 2(iii)
imprisonment.
as

Failure to Perform Failure to perform marital obligations for three years

iv

Section 2(iv)
Marital Obligations without reasonable cause.
in

Husband's impotency at the time of marriage and

Sr

Impotence Section 2(v)

thereafter.
n

Husband suffering from insanity, leprosy, or a venereal

Insanity or Leprosy Section 2(vi)
ra

disease for two years.

ka

Cruelty includes physical abuse, coercion to lead an

Section immoral life, disposing of her property, obstruction to
ba

Cruelty
2(viii) practice her religion, unequal treatment, and causing
mental suffering.
ru

Marriage Before Option of puberty: Marriage before the age of 15 and

Ki

Section 2(vii)
Puberty repudiation before the age of 18.

Lian Section 2(ix) False accusation of adultery by the husband.

Landmark Judgments

1. Naveen Kohli vs. Neelu Kohli (2006) 4 SCC 558:

 32

●Facts: The husband sought divorce on the grounds of cruelty and desertion.
The trial court granted the divorce, but the wife appealed.
● Judgment: The Supreme Court upheld the divorce, emphasizing that mental
cruelty is sufficient ground for dissolution of marriage.
● Significance: This case expanded the understanding of cruelty, emphasizing
mental cruelty as a valid ground for divorce under Hindu law.
2. A. Yusuf vs. Sowramma, AIR 1971 Ker 261:
● Facts: The wife sought divorce on the grounds of cruelty and desertion under

.B
the Dissolution of Muslim Marriages Act, 1939.

LL
● Judgment: The Kerala High Court granted the divorce, recognizing the broad
interpretation of cruelty, including physical and mental abuse.

,
● Significance: This case highlighted the application of the Dissolution of

BA
Muslim Marriages Act, reinforcing the rights of Muslim women to seek
divorce on grounds of cruelty.

,M
BE
Comparison
an
Aspect Hindu Wife Muslim Wife
as

Dissolution of Muslim Marriages Act,

Legal Provisions Hindu Marriage Act, 1955
1939
iv

More grounds including cruelty, Grounds include failure to provide

in

Grounds for
desertion, adultery, and specific maintenance, imprisonment, cruelty, and
Divorce
Sr

grounds more

Special Specific provisions for a wife to seek Option of puberty, false accusation (lian),
n

Grounds divorce and special protections

ra
ka

Burden of Proof On the petitioner (wife) On the petitioner (wife)

ba

Relief and Judicial separation, alimony,

Maintenance, custody of children
Remedies custody of children
ru

Summary
Ki

Both the Hindu Marriage Act, 1955, and the Dissolution of Muslim Marriages Act, 1939,
provide various grounds for wives to seek divorce. While the grounds for Hindu wives
include general and specific reasons, Muslim wives can seek dissolution based on broader
conditions such as failure to provide maintenance, cruelty, and false accusations. Landmark
judgments like Naveen Kohli vs. Neelu Kohli and A. Yusuf vs. Sowramma have further
 33

clarified and reinforced these provisions, ensuring the protection of wives' rights under
both laws.

14. Examine the changes introduced into the law of adoption by the Hindu Adoptions
and Maintenance Act 1956

.B
The Hindu Adoptions and Maintenance Act, 1956 (HAMA), significantly reformed and

LL
codified the law of adoption among Hindus. Below is a detailed explanation of the changes
introduced by the Act in table format.

,
BA
Post-HAMA

,M
Aspect Pre-HAMA (Legal Provisions) Details

Section 7 and 8: Any male Hindu of sound mind, not a minor, and with the
Only male

BE
Eligibility to Both male and consent of his wife if married, and any female Hindu if
Hindus could
Adopt female Hindus she is of sound mind, not a minor, and not married (or
adopt
can adopt her husband is dead or has renounced the world).
an
Limited Section 10: Any
as

The child must be Hindu, not already adopted, unmarried

Eligibility to be provisions; male or female
(unless customs allow), and below 15 years of age unless
iv

Adopted male child can be

customs or usages allow.
preference adopted
in

Section 11:
Sr

Adoptive Conditions for For males adopting, consent from wife is mandatory
Patriarchal,
Parents’ adoption are unless she is incapable of giving consent. For females,
n

male-centric
Conditions specified for both they must be unmarried, divorced, or widowed.
ra

genders
ka

Section 12: Clear

No clear An adopted child is deemed to be the child of his or her
ba

Adoptive rules regarding

stipulation of adoptive parents for all purposes and ceases to have any
Relationships adoptive
relationships ties with biological parents.
ru

relationships
Ki

Adoption of Section 9: Rights

Adoptive rights include the mother and the guardian
Orphans and Not clearly to give in
under specific conditions, enabling the adoption of
Abandoned addressed adoption have
orphans and abandoned children more efficiently.
Children been expanded
 34

Section 11:
Conditions on A person cannot adopt another child of the same gender
Multiple
Unclear adopting a if they already have one unless there are special
Adoptions
second child of circumstances.
the same gender

Section 20:
Provides for the A comprehensive framework for the maintenance of
No uniform

.B
Maintenance maintenance of dependents, including children and elderly parents, is
provision
children and aged provided.

LL
parents

,
Varies by Section 16:
Recognition of Adoption is recognized by a registered document signed

BA
community and Registration of
Adoption by the adoptive parents and witnesses.
region adoption deed

,M
Section 12: Rights
Rights of Not clearly The adopted child has the same rights, including
of the adopted

BE
Adopted Child defined inheritance rights, as a biological child.
child
an
Landmark Judgments
as

1. Guramma Bhratar Chanbassappa Deshmukh vs. Malappa (AIR 1964 SC 510)

● Facts: The validity of an adoption deed executed by a widow under the old
iv

Hindu law was questioned.

in

● Judgment: The Supreme Court held that after the enactment of HAMA, the
Sr

adoption by a widow needs to follow the Act's provisions, including the

consent of living children.
n

● Significance: This case highlighted the supremacy of HAMA over customary

ra

practices and reinforced the necessity of adhering to the Act's procedures

for adoption.
ka

2. Sawan Ram vs. Kalawanti (AIR 1967 SC 1761)

ba

● Facts: The case involved a dispute over the inheritance rights of an adopted
child.
ru

● Judgment: The Supreme Court ruled that an adopted child has the same
rights as a natural-born child in matters of inheritance under HAMA.
Ki

● Significance: This judgment confirmed the comprehensive nature of HAMA in

establishing the rights of adopted children, ensuring equality in inheritance
matters.

Summary
 35

The Hindu Adoptions and Maintenance Act, 1956, brought significant reforms to the law of
adoption among Hindus. It established gender equality in adoption rights, clarified the legal
status and rights of adopted children, and provided clear procedures and conditions for
adoption. Landmark judgments such as Guramma Bhratar Chanbassappa Deshmukh vs.
Malappa and Sawan Ram vs. Kalawanti have reinforced the provisions of HAMA, ensuring its
application and interpretation align with its intent to provide a uniform and just framework
for adoption and maintenance within Hindu society.

.B
, LL
15. Examine the provision relating to the groundship of the person and property of a

BA
minor under Muslim Law.
Under Muslim law, guardianship of a minor is a crucial aspect that governs the person and

,M
property of the minor until they attain majority. Here is an examination of the legal
provisions and landmark judgments related to guardianship under Muslim law.

Legal Provisions:
BE
an
1. Natural Guardianship:
● The father is the natural guardian of the person and property of his minor
as

children. If the father is deceased or incapable, the guardianship passes to

iv

the paternal grandfather, and then to other male relatives in the paternal line.
in

2. Mother's Guardianship:
● The mother is not the natural guardian under classical Muslim law. However,
Sr

under modern legal systems like in India, the mother may be considered the
guardian for specific purposes, especially regarding the welfare and custody
n

of minor children.
ra

3. Appointment of Guardian:
ka

● If there is no natural guardian or the existing guardian is unfit, the court may
appoint a guardian for the minor's person and property. The guardian
ba

appointed by the court is called a "guardian of the property" or "guardian of

ru

the person" depending on the scope of authority granted.

4. Rights and Duties of Guardians:
Ki

● The guardian is entrusted with the minor's welfare and is responsible for
managing their property prudently. They must act in the best interests of the
minor and are accountable for any mismanagement or negligence.
5. Minor's Right to Change Guardian:
 36

● Once the minor reaches the age of discretion (bulugh), typically around
puberty, they have the right to choose their guardian. However, this choice is
subject to court approval if the guardian is deemed unfit.

Landmark Judgments:

1. Mohammedan Law Association vs. Fatima Bibi (AIR 1961 Mad 95):

.B
● Facts: The case involved a dispute over the guardianship of a minor's

LL
property between the maternal grandfather and the mother.
● Judgment: The Madras High Court held that under Muslim law, the father is
the natural guardian of the person and property of his minor children.

,
BA
However, in the absence of the father, the mother could be appointed as
guardian for specific purposes, such as the management of the minor's

,M
property.
● Significance: This judgment clarified the scope of the mother's guardianship

BE
rights under Muslim law, especially in cases where the father is absent or
incapable.
2. Mohd. Ismail vs. Ahmed Ismail Mirza (AIR 1957 SC 177):
an
● Facts: The Supreme Court dealt with a case involving the appointment of a
as

guardian for a minor under Muslim law.

● Judgment: The Supreme Court emphasized the principle that the welfare of
iv

the minor is of paramount importance in matters of guardianship. The court

in

has the authority to appoint a guardian who will act in the best interests of
Sr

the minor, even if they are not the natural guardian.

● Significance: This judgment underscored the discretionary power of the
n

court in appointing guardians for minors under Muslim law, ensuring the
ra

protection of the minor's interests above all else.

ka
ba

Conclusion:
The provisions related to guardianship of a minor under Muslim law are aimed at
ru

safeguarding the welfare and interests of the minor. While the father is the natural
Ki

guardian, the law also recognizes the importance of the mother's role, especially in modern
legal systems. Landmark judgments like Mohammedan Law Association vs. Fatima Bibi and
Mohd. Ismail vs. Ahmed Ismail Mirza have contributed to the understanding and application
of these provisions, ensuring justice and protection for minors under Muslim law.

16. Who is a Natural Guardian of a minor and what are his powers under the Hindu
Minority and Guardianship Act 1956 - JAN2021
 37

Under the Hindu Minority and Guardianship Act, 1956, the concept of natural guardianship
of a minor is defined, along with the powers vested in the natural guardian. Here is an
explanation of the legal provisions and landmark judgments related to the natural guardian
of a minor under this Act.

Legal Provisions:

1. Definition of Natural Guardian:

.B
● Section 6 of the Hindu Minority and Guardianship Act, 1956, defines the
natural guardian of a Hindu minor as follows:

LL
● In the case of a boy or an unmarried girl, the father, and after him, the
mother.

,
● In the case of an illegitimate boy or an illegitimate unmarried girl, the

BA
mother, and after her, the father.

,M
2. Powers of the Natural Guardian:
● The natural guardian of a minor has the following powers under Section 8 of
the Act:

BE
● To do all acts that are necessary or reasonable and proper for the
benefit of the minor or for the realization, protection, or benefit of the
an
minor's estate.
● To bind the minor by the personal law to which the minor is subject
as

and by any usage applicable to the minor's caste, provided that such
iv

usage is not unreasonable or opposed to public policy.

in

● To act in emergencies and during the minor's illness or absence.

3. Limitations on Powers:
Sr

● The powers of the natural guardian are not absolute and are subject to
certain limitations, such as acting in the minor's best interests and not for
n

personal gain or benefit.

ra
ka
ba

Landmark Judgments:

1. Gaurav Jain vs. Union of India (2005) 1 SCC 215:

ru

● Facts: The case involved a dispute over the powers of the natural guardian to
Ki

mortgage the minor's property for the benefit of the family business.
● Judgment: The Supreme Court held that the natural guardian has the power
to mortgage the minor's property for the benefit of the minor or for legal
necessity. However, such transactions must be bona fide and for the minor's
benefit.
 38

● Significance: This judgment clarified the extent of the natural guardian's

powers regarding property transactions involving minors, ensuring that such
actions are in the minor's best interests.
2. Gita Hariharan vs. Reserve Bank of India (1999) 2 SCC 228:
● Facts: The case dealt with the issue of the natural guardian's right to act as a
guardian of the minor's estate without obtaining court approval.
● Judgment: The Supreme Court held that the natural guardian cannot act as
the guardian of the minor's estate without obtaining court approval if such

.B
actions involve substantial benefit to the guardian or detriment to the minor.

LL
● Significance: This judgment highlighted the necessity of court approval for
certain actions of the natural guardian, especially those that may potentially

,
harm the minor's interests.

BA
,M
Conclusion:

BE
The Hindu Minority and Guardianship Act, 1956, recognizes the natural guardian's
authority over the person and property of a minor. While the Act confers significant
powers upon the natural guardian, these powers are not absolute and must be exercised in
an
the minor's best interests. Landmark judgments like Gaurav Jain vs. Union of India and Gita
as

Hariharan vs. Reserve Bank of India have contributed to the interpretation and application
of these provisions, ensuring the protection of minors' rights and interests under Hindu
iv

law.
in
Sr
n
ra

17. Explain the Law of Divorce applicable to Christians

Certainly! Here's an explanation of the Law of Divorce applicable to Christians in India,
ka

along with legal provisions and two landmark judgments:

ba

Legal Provisions:
ru

1. Grounds for Divorce:

Ki

● Under the Indian Divorce Act, 1869, Christians can seek divorce on various
grounds including:
● Adultery
● Conversion to another religion
● Cruelty
● Desertion
● Unsoundness of mind
 39

● Virulent and incurable leprosy

2. Procedure for Filing Petition:
● The petition for divorce is presented to the District Court within the
jurisdiction where the parties reside, as per Section 20 of the Indian Divorce
Act, 1869.
3. Adultery as Ground for Divorce:
● Section 10(1)(a) of the Indian Divorce Act, 1869, recognizes adultery as a valid
ground for seeking divorce. It allows a spouse to file for divorce if the other

.B
spouse commits adultery.

LL
4. Cruelty as Ground for Divorce:
● Cruelty inflicted by one spouse towards the other can be a ground for

,
divorce under Section 10(1)(b) of the Indian Divorce Act, 1869.

BA
5. Desertion as Ground for Divorce:
● Section 10(1)(c) of the Indian Divorce Act, 1869, allows divorce if one spouse

,M
deserts the other without reasonable cause for at least two years.
6. Conversion as Ground for Divorce:

BE
● Conversion to another religion by one spouse is recognized as a ground for
divorce under Section 10(1)(d) of the Indian Divorce Act, 1869.
an
as

Landmark Judgments:
iv

1. D. Velusamy vs. D. Patchaiammal (2010):

in

● In this case, the Supreme Court clarified the definition of "live-in

Sr

relationship" and its legal status. It highlighted that a 'relationship in the

nature of marriage' must fulfill certain criteria to be considered valid.
n

2. A.J. Kanthimathy vs. Samuel T. Samuel (2017):

ra

● This case emphasized the importance of mutual consent in divorce

proceedings and highlighted the need for both parties to agree willingly and
ka

freely to dissolve the marriage.

ba
ru

These legal provisions and landmark judgments play a significant role in shaping the Law of
Ki

Divorce applicable to Christians in India, ensuring fair and just proceedings in marital
disputes within the Christian community.

18. Hindu Marriage is not only a sacrament but also a civil contract - Explain
 40

The statement "Hindu Marriage is not only a sacrament but also a civil contract"
encapsulates the dual nature of Hindu marriages, recognized both as a religious sacrament
and a civil contract. Let's delve into the legal provisions and landmark judgments
supporting this notion:

Legal Provisions:

1. Sacramental Nature:

.B
● Hindu marriages are regarded as sacred unions ordained by religious
customs and rituals. The rites and ceremonies performed during a Hindu

LL
marriage hold immense religious significance, symbolizing the union of two
individuals for life as per Hindu religious traditions.

,
2. Civil Contract:

BA
● The Hindu Marriage Act, 1955, governs Hindu marriages in India and

,M
explicitly recognizes them as civil contracts. According to Section 5 of the
Act, a Hindu marriage may be solemnized in accordance with the customary
rites and ceremonies of either party, and such marriage is legally binding.

BE
3. Legal Consequences:
● Hindu marriages entail various legal consequences, including rights and
an
obligations related to property, inheritance, maintenance, and divorce. The
Hindu Marriage Act provides for the registration of marriages, which confers
as

legal recognition and facilitates the enforcement of marital rights and duties.
iv
in

Landmark Judgments:
Sr

1. Ganduri Koteshwaramma vs. Chakiri Yanadi (1979):

n

● In this case, the Supreme Court emphasized the significance of compliance

ra

with statutory requirements for a valid Hindu marriage. It held that while
ka

religious ceremonies are integral to Hindu marriages, compliance with legal

formalities, such as registration, is essential to establish the validity of the
ba

marriage in the eyes of the law.

2. Seema vs. Ashwani Kumar (2006):
ru

● The Supreme Court, in this case, reiterated that Hindu marriages are not
Ki

merely sacramental but also contractual in nature. It emphasized that the

rights and obligations arising from a Hindu marriage are governed not only
by religious customs but also by statutory provisions, ensuring legal
recognition and protection to the marital relationship.

Conclusion:
 41

The recognition of Hindu marriages as both sacramental and civil contracts underscores
their dual nature, embodying religious beliefs and legal obligations. While religious rituals
sanctify the union, legal provisions regulate the rights and responsibilities of the spouses.
Landmark judgments like Ganduri Koteshwaramma vs. Chakiri Yanadi and Seema vs.
Ashwani Kumar affirm this dual character, ensuring the harmonious coexistence of
religious traditions and legal principles in Hindu marriages

.B
LL
19. The Hindu Adoption and Maintenance Act 1956, has secularized law of Adoption -

,
Elucidate MAY2019

BA
The Hindu Adoption and Maintenance Act, 1956, represents a significant shift in the legal
framework governing adoption among Hindus in India. One of its notable features is the

,M
secularization of the law of adoption, which means that the Act codifies adoption laws in a
manner that is not solely based on religious customs but incorporates modern legal

BE
principles as well. Let's explore the legal provisions and landmark judgments supporting
this assertion:
an
Legal Provisions:
as

1. Secularization of Adoption:
iv

● The Hindu Adoption and Maintenance Act, 1956, provides a comprehensive

in

legal framework for adoption among Hindus, irrespective of their religious

beliefs or adherence to traditional customs.
Sr

2. Recognition of Legal Adoption:

● Under the Act, adoption is recognized as a legal process governed by
n

statutory provisions rather than purely religious rituals. It lays down specific
ra

procedures and requirements for a valid adoption, ensuring legal validity and
ka

enforceability.
3. Consent of Parties:
ba

● Section 7 of the Act mandates the consent of certain parties involved in the
ru

adoption process, including the biological parents, the adoptive parents, and
the child (if capable of understanding the implications of adoption).
Ki

4. Effect of Adoption:
● Upon adoption, the child becomes the legitimate child of the adoptive
parents with all the rights, privileges, and obligations as if he or she were
born to them. The Act ensures that adopted children are treated on par with
biological children in matters of inheritance and succession.
5. Secular Application:
 42

● The Act applies uniformly to all Hindus, regardless of their sectarian

affiliations or religious practices. It emphasizes the importance of legal
formalities and procedural safeguards in adoption, promoting the welfare
and best interests of the child.

Landmark Judgments:

.B
1. Githa Hariharan vs. Reserve Bank of India (1999):

LL
● In this case, the Supreme Court emphasized the secular nature of adoption
laws under the Hindu Adoption and Maintenance Act, 1956. It held that
adoption is a legal process governed by statutory provisions, and the rights of

,
BA
adopted children are protected under the law.
2. Shabnam Hashmi vs. Union of India (2014):

,M
● The Supreme Court, in this case, reiterated the secular character of adoption
laws and upheld the constitutional validity of the Hindu Adoption and

BE
Maintenance Act, 1956. It reaffirmed the importance of legal safeguards and
due process in adoption proceedings to prevent exploitation and ensure the
welfare of children.
an
as

Conclusion:
iv

The Hindu Adoption and Maintenance Act, 1956, marks a significant departure from
in

traditional religious practices by secularizing the law of adoption among Hindus. Through
Sr

its legal provisions and landmark judgments, the Act ensures that adoption is treated as a
legal process governed by statutory safeguards, thereby promoting the welfare and best
n

interests of adopted children in India.

ra
ka
ba

20. Examine the claims of maintenance of wife, children and parents under the
ru

Mohammedan Law
Ki

Under Mohammedan Law, the claims of maintenance for wife, children, and parents are
guided by principles deeply rooted in Islamic jurisprudence. Let's examine these claims in
detail along with relevant legal provisions and landmark judgments:

Legal Provisions:

1. Maintenance of Wife:
 43

● According to Mohammedan Law, a husband is obligated to provide

maintenance to his wife as part of his marital duties. The wife is entitled to
maintenance during the subsistence of the marriage and also during the
period of iddat (waiting period) in case of divorce.
● The obligation to provide maintenance arises from the husband's duty of
support (nafaqah) towards his wife, as enshrined in Islamic principles.
2. Maintenance of Children:
● Mohammedan Law imposes a duty on the father to maintain his legitimate

.B
children until they reach the age of puberty or become self-sufficient,

LL
whichever is earlier. The father is responsible for providing for the
upbringing, education, and welfare of his children.

,
● The obligation to maintain children is considered a fundamental duty of

BA
parenthood in Islam, emphasizing the importance of nurturing and caring for
the offspring.

,M
3. Maintenance of Parents:
● Mohammedan Law also recognizes the duty of children, particularly sons, to

BE
provide maintenance to their parents, especially in their old age or when
they are unable to support themselves. This obligation is based on the
an
principle of filial piety (birr al-walidayn) and is considered a religious duty in
Islam.
as
iv
in

Landmark Judgments:
Sr

1. Abdul Qadir vs. Salima (1886):

● In this landmark case, the Privy Council held that maintenance is a
n

fundamental right of Muslim wives, and husbands are duty-bound to provide

ra

for their maintenance according to their means. The judgment underscored

the importance of fulfilling marital obligations under Mohammedan Law.
ka

2. Shah Bano Begum vs. Mohammed Ahmed Khan (1985):

ba

● This case sparked a nationwide debate on the rights of Muslim women to

claim maintenance beyond the iddat period. The Supreme Court ruled that
ru

Muslim women are entitled to maintenance under Section 125 of the Code of
Criminal Procedure (CrPC) irrespective of personal laws. However, this
Ki

decision led to legislative amendments, known as the Muslim Women

(Protection of Rights on Divorce) Act, 1986, which restricted the scope of
maintenance for divorced Muslim women.

Conclusion:
 44

Mohammedan Law recognizes the rights of wives, children, and parents to claim
maintenance based on Islamic principles of support and obligation. Landmark judgments
such as Abdul Qadir vs. Salima and Shah Bano Begum vs. Mohammed Ahmed Khan have
played a crucial role in shaping the legal framework governing maintenance claims under
Mohammedan Law, ensuring protection and support for vulnerable members of the Muslim
community.

.B
LL
21. Discuss the legal position of a women to get divorce from her husband under the

,
laws applicable to Hindu, Muslims and Christians

BA
Certainly! Here's an overview of the legal position of a woman to obtain a divorce from her
husband under the laws applicable to Hindus, Muslims, and Christians, explained through a

,M
table:

BE
Aspect Hindu Law Muslim Law Christian Law
an
Grounds for Divorce - Adultery - Cruelty - Talaq - Adultery -
- Desertion - (Husband-initiated Conversion to
as

Conversion to divorce) - Khula another religion -

another religion - (Wife-initiated Cruelty - Desertion -
iv

Unsoundness of divorce) - Mubarat Unsoundness of

in

mind - Virulent and (Mutual consent) - mind - Venereal

Sr

incurable leprosy - Judicial divorce on disease in a

Renunciation of the various grounds such communicable form
n

world - Not heard as cruelty, desertion, - Renunciation of the

ra

for a continuous etc. world - Not heard

period of seven years for a continuous
ka

or more period of seven years

ba

or more

Procedure for - Filing a petition for - Talaq: Husband can - Filing a petition for
ru

Divorce divorce in the family pronounce talaq divorce in the family

Ki

court - Hearing of verbally or in writing court - Hearing of

both parties - - Khula: Wife can both parties -
Examination of seek divorce by Examination of
witnesses - mutual consent or witnesses -
Pronouncement of through court - Pronouncement of
Mubarat: Mutual
 45

judgment by the consent for divorce - judgment by the

court Judicial divorce: court
Filing a petition in
the family court,
hearing, and
examination of
witnesses

.B
Rights and - Entitled to - Entitled to - Entitled to

LL
Entitlements maintenance during maintenance during maintenance during
and after divorce - and after divorce - and after divorce -

,
May claim alimony May claim mehr May claim alimony

BA
and child custody - (dower) and other and child custody -
Right to remarry financial settlements Right to remarry

,M
after obtaining a - Right to remarry after obtaining a
divorce decree after observing iddat divorce decree

BE
(waiting period)

Landmark - Shah Bano Case: - Shah Bano Case: - Molly Joseph vs.
an
Judgments Highlighted the Sparked debate on George Sebastian:
rights of Muslim maintenance rights Addressed the issue
as

women to of Muslim women - of cruelty as a

iv

maintenance after Daniel Latifi vs. ground for divorce

in

divorce, leading to Union of India: under Christian law -

legislative changes - Clarified the rights of A. Joseph vs.
Sr

Saroj Rani vs. Muslim women to Sosamma Joseph:

Sudarshan Kumar seek divorce through Clarified the grounds
n

Case: Emphasized court - Shamim Ara for divorce and the

ra

the importance of vs. State of UP: Laid rights of parties

ka

consent in Hindu down guidelines for under Christian law

marriages and the validity of talaq
ba

grounds for divorce under Muslim law

ru

Conclusion:
Ki

The legal position of a woman seeking divorce varies under Hindu, Muslim, and Christian
laws, with different grounds, procedures, and entitlements. While Hindu and Christian laws
provide specific grounds for divorce, Muslim law allows for various forms of divorce
initiated by both spouses. Landmark judgments in each legal system have shaped the rights
and entitlements of women seeking divorce, ensuring protection and justice within their
respective communities.
 46

22. The aged parents, a virtuous wife and an infant child must be maintained. Even by
doing a hundred misdeeds - discuss as per Hindu Adoption and Maintenance Act
1956
23. The effect to the Sharia Act, is to make call Muslims subject to Muslim law by the

.B
Abolition of Customary Law - Explain

LL
24. What are the essentials conditions for a Valid Marriage

,
BA
,M
BE
7 MARKS
an
1. Explain the procedures for solemnising a special marriage
2. What are the grounds of divorce available to husband against his wife under the
as

divorce act 1869?

iv

3. Explain the procedure followed in a marriage solemnising by a marriage registrar

appointed under the Indian Christian marriage act 1872
in

4. State the conditions for valid Hindu adoption in Hindu Adoptions and Maintenance
Sr

Act.
5. What are the powers of the Natural guardian and Testamentary guardian?
n

6. What is dower? Explain the various kinds of dower under the Muslim law?
ra

7. Essential requirements of Valid Adoption

ka

8. Under the Hindu System of Law, Custom outweighs the written text of law - Discuss
9. Sources of Hindu Law
ba

10. The Present Hindu Law of Adoption in a pice of Progressive Legislation - Comment
11. What is Dower? What are the different kinds of Dower and what are the remedies
ru

open to a wife to enforce her dower dept

Ki

12. What are the conditions to be satisfied for the registration of marriage under the
Special Marriage Act 1954
13. Who is a testamentary guardian? What are his powers
14. When a Hindu Wife is entitled to live separately from her husband without
forgetting her claim to maintenance
15. Explain the different methods of dissolution of Muslim Marriage
16. Explain the various sources of Muslim Law
 47

17. Discuss the power and functions of testamentary guardian under the Hindu Law
18. Write about the remedies available to a wife to enforce her dower debt
19. Explain the essential requirements and formalities of a Christian Marriage
20. Explain the doctrine of Relation Back and state how it is affected by Hindu Adoption
and Maintenance Act, 1956
21. Explain the grounds for Divorce under Hindu Marriage Act 1955
22. State the essential conditions relating to Registration of Marriage under Special
Marriage Act 1954

.B
23. Explain Sources of Hindu Law

LL
24. Examine the legal consequences of void and voidable marriage according to the
Hindu Marriage Act 1955

,
BA
,M
BE
4 MARKS
an
1. Dependents
2. Acknowledgement of paternity
as

3. Judicial separation
iv

4. Jabar
5. Restitution of conjugal rights
in

6. Doctrine of Factum Valet

Sr

7. Source of Hindu law

8. Ante-AdoptionAgreement
n

9. Restitution of Conjugal Rights

ra

10. Seerthirutha Marriage

ka

11. Interim Maintenance

12. De facto guardian
ba

13. Voidable marriage

14. Divorce by Mutual consent
ru

15. Divorce by Mutual Consent

Ki

16. Saptapadi
17. de facto guardian
18. Schools of Mohammedan Law
19. Specific Dower
20. Kinds of Islamic Divorce
21. Ijma
22. De Facto guardian (Repeated)
 48

23. Judicial Separation

24. Iddat
25. Prohibited Degree of Relationship
26. Source of Muslim Law
27. Legal Cruelty
28. Fasid Marriage
29. Acknowledgement of Paternity
30. Doctrine of Relation Back

.B
31. Muta Marriage

LL
32. Deferred Dower
33. Judicial Separation (Repeated)

,
34. Specified Dower

BA
35. Prohibited Relation
36. Deivani Achi v Chidambaram Chettiar

,M
37. Maintenance Pendente Lite
38. Judicial Separation (Repeated)

BE
39. Dower
40. Zihar
an
41. Power of Natural Guardian
42. Kinds of Joint Family Property
as

43. Ante Adoption Agreement

iv

44. Desertion
45. Fasid Marriage (Repeated)
in

46. option of Puberty

Sr

47. Talaq Hasan

48. Effect of Special Marriage
n

49. Legal Cruelty (Repeated)

ra

50. Ancient forms of Marriage

ka

51. De Facto Guardian (Repeated)

52. Talaq ul Biddat
ba

53. Saroj Rani vs Sudarshan Kumar AIr 1984 SC

54. Valid and Irregular Marriage under Muslim Marriage
ru

55. Specified Dower (Repeated)

Ki

56. Minister of Religion under the Christian Act