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24 views

Assigment Question

Uploaded by

sanskruti gawade
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Family Law I – assignment 1

Question 1. (Roll no. 1- 10)

In 1970, Gopal living in Chennai, solemnized his marriage with Jaya, the daughter of his sister
according to proper Hindu rites. In 1980, he entered into a marriage with Lakshmi by exchange of
garlands. On being prosecuted for bigamy u/s 494 IPC, Gopal contended that since an important
ceremony namely Saptapadi had not been performed by him with Lakshmi, he cannot be prosecuted
for bigamy. He also contended that his first marriage with Jaya was also not valid, as being hit by
prohibited relationship. Discuss the tenability of his arguments.

Question 2. (Roll no. 11-20)

Ram aged 21 years married Lakshmi aged 16 years. Discuss the validity of marriage under Hindu
Marriage Act, 1955 and Prohibition of Child Marriage Act, 2006.

Question 3. (Roll no. 21-30)

Soon after the marriage, Durga realised that her husband Harsh is not taking any interest in her and
hardly spends any time with her. At times he behaves in a very disorderly manner also. Once, when
the father of Durga wanted to get Harsh examined by a psychiatrist he got so much offended that he
threw Durga out of house. Three years elapsed and he did not make any efforts to bring her back.
What legal remedies are available to Durga? Discuss.

Question 4. (Roll no. 31-40)

The marriage between Malti and Mohan was solemninzed according to Hindu rites. After a few years
Mohan contemplated to divorce Malti and ·marry Vanita. As there was no strong reason available to
Mohan against Malti, he persuaded Malti to give consent for Divorce under S. 13 B of Hindu
Marriage Act. When she refused on the advice of his friends, he and Vanita converted to Islam and
married under Muslim Law. Malti initiated criminal case against Mohan under S. 494 IPC. Discuss
briefly whether Mohan would be guilty of Bigamy in the light of decided cases.

Question 5. (Roll no. 41-50)

Lata and Ramesh jointly moved a petition for divorce by mutual consent under S. 13B of Hindu
Marriage Act. After three months Ramesh withdrew his consent and prayed for dismissal of the
petition. But Lata contended that Ramesh cannot unilaterally withdraw the consent and prayed the
court to pass a decree on the basis of the original petition. Discuss the maintainability of the
petition.

Question 6. (Roll no. 51-66)

The marriage of Bhushan and Karuna was solemnized according to Hindu rites and ceremonies. The
step mother of Karuna concealed the fact of occasional mental incapacity of Bhushan from her
family members. The marriage between the parties could not be consummated owing to the
impotency of Bhushan. Karuna married Vineet by not disclosing the fact of her marriage to Bhushan.
Discuss the offence, if any, committed by Bhushan, Karuna and Vineet in the light of statutory
provisions and relevant case law, if any.

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