Family Law 1 18 Marks Answers.

1 3 YEARS LLB 2nd SEMESTER FAMILY LAW - I
FAMILY LAW – I.
18 Marks.
1. Explain the essential conditions of a Hindu Marriage.
Answers :-
INTRODUCTION :-
The Hindu marriage Act 1955 has provided five conditions as pre-requisites for
valid Hindu marriage, under section 5 of Act.
Section 5 provides that a marriage can be solemnised between two Hindus, if the
following conditions are fulfilled:
1. Spouse living at time of the marriage: neither of the parties to marriage should
have any spouse living at the time of marriage.
2. At time of marriage, neither party to marriage should be incapable of giving a
valid consent for the marriage.
3. At the time of marriage, though capable of giving a valid consent, is suffering
from any mental disorder of any such type or to such extent, that is unfit for
marriage or procreating children.
4. At the time of marriage, has been subject to recurring attacks of insanity.
5. Age of the bridegroom and bride must be 21 and 18 years of age, respectively.
6. The parties must not be within the degrees of the prohibited relationship.
Exception to this is only provided if the custom or usage governing them, allows
such a marriage.
7. The parties must not be sapindas of each other. Exception to this is provided by
the permission of customs or usages governing the parties.
DESCRIPTION OF CONDITIONS :-
Following are the conditions required to be fulfilled for a valid Hindu marriage :-
1. MONOGAMY :- Section 5(i) Hindu Marriage Act, 1955 provides the rule of
monogamy & prohibits polygamy & polyandry. A Hindu before this law could
marry any number of wives, even if he had a wife or wives living, although this
practice was looked always with disfavour. When a wife has more than one
husband at one time this is called polyandry. From the ancient times to 1955,
polygamy was recognised in Hindu Law, but polyandry was never permitted.
Section 17[2] would render the offending party liable for prosecution under
section 494 and 495 of IPC ,1860. A second marriage in the lifetime of a spouse of
first marriage, will be against law and considered void even if second marriage
were contracted outside India. In order to prosecute a person for bigamy it is

necessary to prove that he/she already has a living spouse & prior marriage has
been duly celebrated with the performance of ceremonies.
2. SANITY OR MENTAL CAPACITY :- Section 5(ii) provides about the mental
capacity of the spouses at the time of marriage. It was provided, in the original
act, that neither party to a marriage should be idiot or lunatic at the time of
marriage. The marriage laws amendment Act 1976 framed the clause & explained
insanity or mental disorder .
This clause provides : “at the time of marriage neither party
· should be incapable of giving valid consent to it in consequences of unsoundness
of mind; or
· though capable of giving the valid consent , has been suffering from mental
disorder of such kind or kind to such extent as to be unfit for marriage &
procreation of children; or
· has been subject to recurrent attack of insanity or epilepsy.
Thus, the mental incapacity of any form, affecting the very purpose of marriage
has been ground of voidability of marriage. The mental disorder of insanity must
be in existence at the time of marriage. Such marriages may be declared as
voidable under section 12 of the act[3] . But if a person subsequent to the date of
marriage suffers from mental disorder or insanity ,the provision of this clause are
not contravened, because it applies to such case where the parties are insane at
the time of marriage.
3. AGE OF PARTIES TO MARRIAGE :- The minimum age for marriage is fixed.
According to the Hindu Marriage act 1955, the age provided for the groom was 18
years & for the bride 15 years. Though where the age of a bride was below 18, the
consent of her guardian was necessary. Now, the child Marriage Restrain
(Amendment) Act, 1978, has revised the minimum age fixed for marriage to 21
years in case of groom & 18yrs of age in case of bride. A contravention of this
clause would neither render the marriage void under section 11 of this act nor
voidable under section 12 of the act. The Hindu Marriage Act provides in section
18 punishment of child marriage i.e., imprisonment upto 15 days or a fine upto Rs
1000 or both).
4. BEYOND PROHIBITED DEGREE :- Section 5(iv) prohibits marriage between the
person who are within the “prohibited degree of relationship with each other”.
Section 3(g) provides, “ two person are said to be within the degree prohibited
relationship :-
i. If one is lineal ascendant of the other; or.
ii. If one was the wife or husband of lineal ascendant or descendant of the other;
or.
iii. If one was the wife of the brother or of the father’s or mother’s brother or of
the grandfather’s or grandmother’s brother of the other; or.
iv. If the two are brother-and-sister, uncle-and-niece, aunt-and-nephew, or.
children of brother and sister or of two brother and sister or of two brothers or
sisters.
It should also be noted that prohibited relationship includes :-
i. Relationship by half or uterine blood as well as by full blood,
ii. Illegitimate blood relationship as well as legitimate,
iii. Relationship by adoption as well as by blood; and all of terms of relationship in
those clauses shall be construed accordingly. But if the custom or usage governing
each of parties to the marriage allows the marriage within the degree of
prohibited relationship, then such marriage will be valid & binding.
5. BEYOND SAPINDA RELATIONSHIP :- Section 5(v) prohibits marriage between
persons who are sapindas of each other. A marriage in contravention of this
clause, .i.e., it will be void & may be so declared under section 11 and the person
contravening to the provision of this clause would be punishable under section
18. The word “sapinda” means relation connected through same body.
According to section 3(f) Sapinda relationship defined :-
i. “sapinda relationship” with reference to any person extends as far as the 3rd
generation (inclusive) in the line of ascent through the mother, and 5th
generation (inclusive) in the line of ascent through father, the line being traced
upwards in each case from the person concerned, who is to be counted as the
first generation.
ii. Two persons are said to be “sapindas” of each other if one is lineal ascendant of
other within the limits of sapinda relationship within the limits of sapinda
relationship with reference each of them.
CONCLUSION :-
A marriage under Hindu law is a sacrament that requires the above-mentioned
conditions of marriage. Thus, in order to constitute a valid Hindu marriage under
Hindu law, parties to marriage should be monogamous, should have sound mind,
should be major by age and should be beyond prohibited degree. A marriage
fulfilling these conditions is considered to be valid and have effect under the
Hindu Marriage Act, 1955.
2. Explain the various grounds under which a decree for judicial separation may
be granted under Hindu Law.
Answer :-
Meaning :-
Judicial Separation means suspension of Conjugal Rights for some time i.e., one
year. Section 10 of the Hindu Marriage Act Deals with judicial separation.
The concept of Judicial Separation :-

Judicial Separation is a medium under the law to give some time for self-analysis
to both the parties of a disturbed married life. Law gives a chance to both the
husband and wife to rethink about the extension of their relationship while at the
same time guiding them to live separately. By doing this, the law allows them the
free space and independence to think about their future path and it is the last
option available to both the spouses for the legal breakup of the marriage.
Section 10 of the Hindu Marriage Act, 1955 provides the Judicial Separation for
both the spouse, those who are married under the Hindu Marriage Act, 1955.
They can claim the relief of Judicial Separation by filing a petition. Once the order
is passed, they are not bound to have cohabitation.
Filing petition for Judicial Separation :-
Any spouse who is hurt by another spouse, can file a petition for Judicial
Separation in a District Court under Section 10 of the Hindu Marriage Act, 1955
and the following should be satisfied:
• The marriage between the husband and wife should be celebrated

properly under Hindu marriage Act.
• The respondent should be settled in the jurisdiction of the court where
the petitioner filed the petition.
• The husband and wife lived together for a particular period of time
before the filing of petition.
Every petition should according to Order VII Rule 1 of the Civil Procedure Code,
1973 must contain :-
• The date and place of marriage.

• The person should be a Hindu, by his/her affidavit.
• Name, status, address of both the parties
• Name, DOB and gender of children(if any).
• Details of litigation filed before filing the decree for judicial separation or
divorce.
• For the judicial separation, the evidence should prove the grounds.
Grounds for Judicial Separation :-

It is given under Section 10 of the Act; the spouse can file a petition for judicial
separation on the basis of the following grounds:
Adultery [Section 13(1)(i)] :- It means where any of the spouses voluntarily had
sexual intercourse with any other person except his/her spouse. Here, the
aggrieved party can claim the relief but that intercourse should be placed after
the marriage.
Case- Revathi Vs. Union of India and Ors – In this case, the Court held that Section
497 of IPC is prepared like, a husband cannot prosecute the wife for defiling the
sanctity of the married tie by the charge of adultery. The law does not permit the
husband of the offending wife to prosecute his wife and the wife also has not
permitted to prosecute the offending husband for being disloyal to her.
Therefore, both the husband and wife have no right to strike each other with the
weapon of criminal law.
Cruelty [Section 13(1)(i-a)] :- When the spouse treats his/her partner with cruelty
or inflicts any mental or physical pain after the marriage. The sufferer can file a
petition on the grounds of cruelty.
Case :- Shyamsundar Vs. Santadevi :– in this case after the marriage, the wife was
badly harmed by her husband’s relatives and the husband also stood lazily, taking
no steps to protect his wife.
The Court held that the intentional neglect to protect one’s own wife amounts to
cruelty on the husband’s part.
Desertion [Section 13(1)(i-b)] :- In this section, it is defined that if the spouse left
the other spouse for any reason without informing him/her for a period not less
than 2 years before filing the petition by another spouse, desertion gives a right
to claim relief of judicial separation for the hurt party.
Case :- In the case, Guru Bachan Kaur Vs. Preetam Singh, the husband filed a
petition for divorce after 7 years of declared desertion and never understood the
problems of the wife who was also a working woman. But the wife was willing to
live with her husband at her house in the place of her service.
The High Court held that there is nothing like mutual desertion. One party has to
be guilty in desertion.
Conversion/Apostasy [Section 13(1)(ii)] :- If any spouse gets converted into any

other religion other than Hindu, then the other spouse can file for judicial
separation.
Case :- In Durga Prasad Rao Vs. Sudharshan Swami, it was observed that in every
conversion case, formal rejection of religion or operation of the sacrificial
ceremony is not essential. Therefore, in the case of conversion, the question of
fact arose.
Unsound mind [Section 13(1)(iii)] :- If any spouse in a marriage is suffering from

any mental disease which is difficult to live for the other spouse with the sufferer.
The other spouse can claim relief from judicial separation.
Case :- Anima Roy Vs. Prabadh Mohan Ray (AIR 1969) in this case, the respondent
was found suffering from an abnormal disease after 2 months of marriage. The
doctor who checked the respondent also could not find the particular time of
starting the illness. Therefore, it was held that disease was not proved at the time
of marriage.
Leprosy [Section 13(1)(iv)] :- If any spouse suffering from any disease like
leprosy, which cannot be recovered, then the other party can file a petition for
judicial separation because he/she cannot waste their own time due to the
sufferer.
Illustration :- ‘A’ a sufferer of an abnormal disease and ‘B’ is the wife of ‘A’. If ‘A’ is
suffering from a disease that is incurable and the doctor also can not understand
the disease. In this case, ‘B’ can file a petition for judicial separation if she doesn’t
want to continue with her husband.
Venereal Disease [Section 13(1)(v)] :- If any party to a marriage or a spouse has

any type of disease which is incurable and communicable and the spouse does
not know about the fact at the time of marriage, then it could be a valid ground
for the spouse to file petition for judicial separation.
Illustration :- ‘A’ is suffering from an abnormal disease that is spread by

communication. The disease which is irrevocable. In this case, ‘B’ the wife of ‘A’
can file a petition for the judicial separation in good faith for their future of the
two children.
Renounced the World [Section 13(1)(vi)] :- In Hindu law, by renouncing the world
means “Sannyasa”. Renunciation from the world conveys that the person has
given up the world and leading a holy life. He is considered a civil dead. If a
spouse renounces the world to live a holy life, his/her partner can file for judicial
separation.
Illustration :- If ‘A’ changed his religion and went somewhere, where people also
can not find him. ‘B’ the wife of ‘A’ got hurt so much by hearing this news.
Therefore she can file a judicial separation.
Civil death/Presumed death [Section 13(1)(vii)] :- If a person is not found for 7 or

more years and their relatives or any other person have not heard from him/her
or it is believed that he/she may be dead. Here, the other spouse can file for
judicial separation.
Illustration- ‘A’ and ‘B’ have been husband and wife for 4 years and suddenly the
husband disappeared for about 8 years. ‘B’ as his wife she did her best to find her
husband in these 8 years but she couldn’t find him. Then, ‘B’ can file the judicial
separation for this case.
Additional grounds for the wife to claim justice :-
Bigamy [Section 13(2)(i)] :- It means if the husband is remarried while he is

already married, both of his wives have a right to claim the petition for judicial
separation with a condition that, the other wife is also alive at the same time of
filing.
Illustration :- ‘A’ and ‘B’ are the husband and wife for 5 years and they are happy
with their family. Suddenly ‘A’ remarried another woman ‘C’ without the consent
of his 1st wife ‘B’ and ‘C’ also did not have any idea that ‘A’ is married earlier.
When ‘B’ and ‘C’ got to know about this. ‘B’ can file a petition for judicial
separation.
Rape, sodomy or Bestiality [Section 13(2)(ii)] :- The wife has a right to file a
petition for judicial separation if her husband is guilty of charges like rape,
bestiality or sodomy after the marriage.
Illustration :- ‘A’ and ‘B’ are the husband and wife from 3 years, if the husband ‘A’
raped any other woman and he is found guilty for that, then, in this case, the wife
‘B’ can file the petition for judicial separation.
Repudiation of marriage/A option of puberty [Section 13(2)(iv)] :- If a girl’s

marriage happened before attending 15 years of age, then, she has a right to
claim judicial separation.
Illustration :- There is a girl of 14 years old and she is from a tribal area.
There, child marriage is a very common nature, her parents give her as a present
to the bridegroom without her consent. After marriage, this Act does not allow
for leaving a relationship without any valid reason. There should be particular
grounds on which the spouse can file a case for judicial separation or divorce.
This Act has a great rule to solve the disputes between the spouses and free them
from marital ties. In this case, she filed a petition for judicial separation because
of her below age.
Conclusion :-
A marriage is considered as a sacred relation in our nation but a person should
have an exit from a relationship when he/she is not happy with that relation.
People have faith towards the Hindu Marriage Act, 1955 that they can seek relief
from the marriage by filing a divorce.
This Act does not allow for leaving a relationship without any valid reason. There
should be particular grounds on which the spouse can file a case for judicial
separation or divorce.
This Act has a great rule to solve the disputes between the spouses and free them
from marital ties.
3. Explain the matrimonial remedies for Muslims.
Answer :-
Matrimonial Remedy of Restitution of Conjugal Rights under Muslim Law

The matrimonial remedy of restitution of conjugal rights was made available to all
the communities, including the Muslims, at an early period of British rule in India.
The earliest Privy Council decision under Muslim law goes back to the 1867.
The remedy is available in modern India by a suit of restitution of conjugal rights

in the lowest civil court. What is most remarkable about this remedy is that most
textbook writers discuss it as if the remedy is available to the husband alone and
not to the wife.
The reason seems to this that in most of the cases the suits for restitution of
conjugal rights have been filed by the husband. There seems to be another reason
also: the husband can frustrate the wife’s petition for restitution of conjugal rights
at any time by pronouncing divorce on her.
The remedy is available to both the parties. Thus, according to Tyabji, “Where
either the husband or wife has, without lawful ground, withdrawn from the
society of the other, or neglected to perform the obligations imposed by law or by
the contract of marriage, the court may decree restitution of conjugal rights, and
may put either party on terms securing to the other the enjoyment of his or her
legal rights”.
The proposition of law thus formulated would be more precise if we substitute

the words “without reasonable cause” for “without lawful ground”. The
“reasonable excuse” or “reasonable cause” has a well established meaning under
English law, the Hindu Marriage Act and the Special Marriage Act, and, it is
submitted that there is no reason why the same meaning should not be ascribed,
or the same defences should not be available to the defendant under Muslim law.
In addition to these defences, some more may be available under Muslim law.
Thus, where a ground for divorce is available to the wife, or where the marriage is
void or irregular, the husband’s petition for restitution should not succeed.
Although there is nothing like grounds of divorce available to the husband it is

submitted that the husband has the right to resist the wife’s suit for restitution of
conjugal rights on the same grounds on which the wife can resist the husband’s
suit.
The defences that have been valid against a suit for restitution of conjugal rights
may be summarized. They are:
(i) Cruelty of the defendant. It seems that not merely physical cruelty but legal
cruelty in its wider connotation, including all the instances of cruelty stated in
clause (vii) of S. 2, Dissolution of Muslim Marriage Act, 1939, is included under the
definition of cruelty. Thus, in a husband’s petition for restitution of conjugal

rights, the court held that cruelty of a character that renders it unsafe for the wife
to live with the husband is a valid defence.
The court further observed: It may be, that gross failure by the husband of the
performance of the obligation, which the marriage contract imposes on him for
the benefit of the wife might, if properly proved, afford good ground for refusing
to him the assistance of the court”. Actual violence, resulting in an injury to life,
limb or health or causing a reasonable apprehension thereof is obviously cruelty.
Institution of criminal cases against the wife and her relatives and their vigorous
pursuit by the husband amounts to cruelty and husband is not entitled to a
decree for restitution of conjugal right. Any matrimonial misconduct of the
husband though not amounting to a ground for a matrimonial relief, may also
constitute a valid defence.
If the husband keeps a concubine in the same house in which his wife lives,
resulting in quarrels between the two, it amounts to cruelty. In Itwari v. Asghari,
one A took a second wife, as a consequence of which his first wife refused to live
with him.
On A’s petition for restitution of conjugal rights, the court held that the very act of
taking a second wife constitutes cruelty since Muslim law enforced in India
considers “polygamy as an institution to be tolerated but not encouraged”.
The court further added that today the onus is on the husband to prove that his
taking of second wife has not caused an insult or cruelty to his first wife, and in
the absence of cogent explanation “the court will presume, under the modern
conditions, that the action, of the husband in taking a second wife involved
cruelty to the first”. If the husband accuses his wife of unchastity, adultery or
immorality, it amounts to cruelty.
(ii) When the marriage is void, irregular, or has been avoided, in the exercise of
the option of puberty, or when the marriage has been validly repudiated, the suit
for restitution of conjugal rights will fail. Similarly, where sexual intercourse
becomes improper, such as after lian or zihar, restitution of conjugal rights cannot
be granted.
(iii) If the plaintiff is guilty of apostasy, the suit for restitution will not succeed.
(iv) Where the wife is living separate from the husband on account of non-
payment of prompt dower, restitution of conjugal rights cannot be granted.
(v) A valid separation agreement is a good defence to a suit for restitution of

conjugal rights.
(vi) When the suit for restitution of conjugal rights is not bona fide, and is filed to
serve some ulterior motive, such as taking possession of wife’s property, the
restitution of conjugal rights cannot be decreed.
(vii) The court may also refuse to pass a decree for restitution of conjugal right if it
feels that it would be just and reasonable to do or that it would be inequitable to
pass a decree. Venkataramiah, J. very pertinently, and, it is submitted, rightly
observed: “It has to be borne in mind that the decision in a suit for restitution of
conjugal rights does not entirely depend upon the right of the husband.
The court should also consider whether it would make it equitable for it to
compel the wife to live with her husband. Our notions of law in that regard have
to be altered in such a way as to bring them in conformity with the modern social
conditions”.
There is some ancient authority for the view that the court may order a husband
to be attentive to his wife; and where he has more wives than one, to be just and
equitable to all of them. It is submitted that whether courts will do so in modern
India is doubtful, since courts have no means to enforce such orders.
In Jani v. M.D. Khan, a full Bench of the Jammu and Kashmir High Court took the
view that a husband was living as Khana damad and the wife refused to cohabit
with him in her father’s house, for no fault of his, the husband’s suit for
restitution of conjugal rights will be decreed.
In conclusion, we may quote the following observations of Vaidya J. of the

Bombay High Court that remedy of restitution of conjugal rights ordering an
unwilling wife to go to her husband “is a relic of ancient times when slavery or
quasi-slavery was regarded as natural”.
This barbarous remedy should be sparingly awarded, “particularly after the

Constitution of India came into force, which guarantees personal liberties and
equality of status and opportunity to men and women alike” With this
observation the present writer is in full agreement.
It is submitted that in modern matrimonial law, the remedy of restitution has no

place. It has been abolished in most countries, including England, and there seems
to be no reason why we should retain it in the personal law of any Indian
community.
4. What is Uniform Civil Code? Discuss its Constitutional basis, merits and
feasibility in Indian Society.
Answer :-
Uniform Civil Code :-
A Uniform Civil Code means that all sections of the society irrespective of their
religion shall be treated equally according to a national civil code, which shall be
applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and
succession of the property. It is based on the premise that there is no connection
between religion and law in modern civilization.
Article 44 corresponds with Directive Principles of State Policy stating that State
shall endeavour to provide for its citizens a uniform civil code (UCC) throughout
the territory of India.
Indian constitution on uniform civil code :-
The constitution has a provision for Uniform Civil Code in Article 44 as a Directive
Principle of State Policy which states that The State shall endeavor to secure for
the citizens a uniform civil code throughout the territory of India.
There are a number of cases where the Supreme Court has referred to Article 44
and the concept of uniform civil code, mainly to highlight the lacklustre attitude
of the executive and the legislature in the implementation of the directive.
Article 44 of the Constitution calls upon the State to endeavour towards securing
a uniform civil code throughout the territory of India. It falls within Part IV of the
Constitution titled as Directive Principles of State Policy (DPSP) and understood as
exhortations to the State to be kept in mind while governing the country.
Need of uniform civil code :-

1. It Promotes Real Secularism :-
What we have right now in India is selective secularism which means that in some
areas we are secular and in others we aren’t. A uniform civil code means that all
citizens of India have to follow the same laws whether they are Hindus or Muslims
or Christians or Sikhs. This sounds fair and secular to me. A uniform civil code
doesn’t mean it will limit the freedom of people to follow their religion, it just
means that every person will be treated the same. That’s real secularism.
2. All Indians should be Treated Same :-
Right now we have personal laws based on particular religions, which means that
while Muslims can marry multiple times in India, a Hindu or a Christian will be
prosecuted for doing the same. This doesn’t seem like equality to me. All the laws
related to marriage, inheritance, family, land etc. should be equal for all Indians.
This is the only way to ensure that all Indians are treated same.
3. It will provide More Rights to the Women :-
A uniform civil code will also help in improving the condition of women in India.
Our society is extremely patriarchal and misogynistic and by allowing old religious
rules to continue to govern the family life we are condemning all Indian women to
subjugation and mistreatment. A uniform civil code will help in changing these
age old traditions that have no place in today’s society where we do understand
that women should be treated fairly and given equal rights.
4. Every Modern Nation has it :-

A uniform civil code is the sign of modern progressive nation. It is a sign that the
nation has moved away from caste and religious politics.In fact it might be right to
say that socially and culturally we have degraded to a point where we are neither
modern nor traditional. A uniform civil code will help the society move forward
and take India towards its goal of becoming a developed nation.
A uniform civil code is of an absolute necessity for individuals belonging to
different religions and denominations and it is imperative for the promotion of
national unity and solidarity. Thus, divergent religious ideologies must merge and
culminate in to common and unified principles and objectives, adhering to the
true spirit of secularism. However, after more than 60 years of independence the
aspiration of a Uniform Civil Code remains unrealized.
The idea and principle of having a uniform civil code, governing personal laws is to
treat every person equally and also so that just, fair and predictable laws protect
everyone. Moreover, a uniform civil code would put in place a set of laws that
would govern personal matters of all citizens irrespective of religion, which is the
cornerstone of secularism. It would enable to put an end to gender discrimination
on religious grounds, strengthen the secular fabric and also promote unity.
India has set before itself the ideal of a secular society and in that context
achievement of a uniform civil code becomes all the more desirable such a code
will do away with diversity in matrimonial laws, simplify the Indian legal system
and make Indian society more homogeneous. It will create a national identity and
will help in containing fissiparous tendencies in the country .The uniform civil
code will contain uniform provisions applicable to every one and based on social
justice and gender equality in family matters.
Merits of uniform civil code :-

If a Common Civil Code is enacted and enforced.
It world help and accelerate national integration.
Overlapping provisions of law could be avoided.
Litigation due to personal law world decrease.
Sense of oneness and the national spirit would be roused, and.
The country would emerge with new force and power to face any odds finally
defeating the communal and the divisionist forces.
Feasibility of Uniform Civil Code in India :-

Implementation of Uniform Civil Code in India is one that has been debated over
for several years. A Uniform Civil Code essentially means a common set of laws
governing personal matters for all citizens of the country, irrespective of religion.
Currently, there is a Hindu Marriage Act, a Muslim Personal Law (Shariat)
Application Act, 1937, a Christian Marriage Act and a Parsee Marriage and Divorce
Act. Hindu Marriage Act applies to any person who is a Hindu, Buddhist, Jain or
Sikh by religion. There is also a Special Marriages Act, 1954 under which people
can perform marriage irrespective of the religion followed by either person. These
laws deal with the matters involving marriage, divorce, inheritance, adoption and
maintenance of the respective religions. Having a Uniform Civil Code will mean
that all these laws will be replaced by a new law which will be applicable for all
irrespective of their religions.
Historically looking at this subject of debate, the inception of Uniform Civil Code
can be traced back to the colonial times when the British applied a common
criminal code for all but allowed the existence of the religious laws to be applied
in the cases of personal matters. Amongst the Hindu population, different laws
were allowed to govern in accordance with their caste and region. On the other
hand, all Indian Muslims were to be governed under the Shariat law which was
passed in the year 1937.
Before the inception of the Indian Constitution, there were several proponents
for the application of Uniform Civil Code. One of the major arguments put forth
for the application of UCC was that it could become a base on which a national
identity could be created, eradicating the ones based on religion and caste. This
however was met with a counter argument on safeguarding the minority interests
and that enforcement of a UCC would mean the cultural identities of the minority
groups getting destroyed. Therefore in an attempt to strike a balance between
the two contrasting views, the concept of Uniform Civil Code was placed under
the Directive Principles of State Policy which the State would endeavor to achieve
but not be bound by.
This debate of UCC took a new turn in the year of 1985 when Shah Bano, a
Muslim woman filed a criminal suit in Supreme Court of India in which she won
the right of receiving alimony from her divorced husband. However, large masses
following the Islamic orthodoxy gravely protested against this decision, perceiving
it as an attack against their religious personal laws. This led to the Congress
government to pass the Muslim Women (Protection on Rights on Divorce) Act,

1986 nullifying the Supreme Court judgment. Succeeding this however, the court
in cases of Daniel Latifi case and Shamima Farooqui versus Shahid Khan
case interpreted the act in a manner reassuring the validity of the case, upholding
the Shah Bano judgment and nullifying the Act. Many Muslims including the All
India Shia Personal Law Board supported and celebrated the Supreme Court
judgment and the fact that Muslim women could now claim maintenance after
divorce.
The persons in favour of implementation of UCC have time and again spoken
about women rights and how they’re severely biased against them in the religious
personal laws. Certain examples that elaborate on this view are that in Islam, a
husband is allowed to divorce his wife by a simple means of proclaiming Talaq
thrice, however a woman has to file a petition in court and go through a
comparatively rather long and tedious procedure to get the divorce. This is in
addition to the fact that she is required to provide a reason backed up with a
proof whereas her male counterpart is not required to do so. Moreover, Islamic
laws allow for a Muslim man to marry four times and have four wives legally
whereas a woman is only allowed to have one husband. Polygamy is also not
allowed in other religious groups, which creates a massive difference and become
the reason for cases relating to religious conversions to Islam solely for this
reason, quite common.
Thirdly, according to the Hindu Succession Act, a mother has equal rights over the
property as the children and the widow in the event of her son’s death. But when
a married daughter dies, the mother ranks after the husband’s heirs. These
examples give the readers a sense of how the personal laws of various religions
do not in fact treat women at par with men in matters involving marriage, divorce
and inheritance. Thus, the proponents of UCC argue that there should be a
Uniform law which put women at par with men in all the aforementioned
matters. It is also argued that implementation of a common code would lead to
national integration, making India secular in a true sense and draw minorities into
the mainstream society thereby encouraging communal harmony.
However, the task of implementing UCC is not an easy one. There exists a vast
variety and diversity of personal laws which are followed with devotion with
many followers. So to create a sweeping change in all these personal laws and
creating one Uniform Code to govern all citizens in the same manner is an idea
too romantic and unrealistic to be achieved. There are several misconceptions
existing about UCC as well where it is wrongly misunderstood to mean a blanket
imposition of Hindu code and procedures, giving rise to a number of opponents.
Also, a generalized set of laws imposed on every individual can also give rise to an
identity crisis, especially amongst the minority communities.
Taking into account the arguments from both the opponents and proponents of
the Uniform Civil Code debate, it can be concluded that implementing UCC all at
once can cause severe communal disharmonious occurrences, doing more
damage than fixation of the biased personal laws. The approach to implementing
UCC also requires to not be the clichéd way of raising all personal religious laws to
the same level and replacing them with one Uniform Codified Law, ignoring all
nuances of different religions. Instead, it is a smarter idea to bring about reforms
on smaller scales and specifically to those sections in personal laws which do
grave injustice to a section of citizens in the country.
The focus should be on removing the obvious and inherent irrationality existing in
some of the personal laws and being about reforms in them to suit the modern
times. In an attempt to remove all disparities between various religions, these
reforms could work as a foundation for Uniform Civil Code at a much later stage.
Goa Civil Code works as a model example in this case, where the civil cases of the
citizens of Goa are governed by the Goa Family Law. This is irrespective to the
religion of a particular person. Thus, the idea of UCC, though not yet feasible,
could become so in the long run.
5. Explain the doctrine of Pious Obligation.
Answer :-
INTRODUCTION :-
Pious obligation in a general understanding is a son’s liability to pay off his

father’s debts. Here when talking about the debt it only refers to vyavaharika
debt i.e., debts conducted for legal purposes only which excludes avyavaharika
debts i.e. debts taken for immoral and unethical purposes. The Doctrine of Pious
Obligation is that doctrine under which sons are made liable to discharge father’s
debts. It is solely religious. But the doctrine inevitably postulates that the debts of
the father must be vyavaharika. If the debts are not vyavaharika, the doctrine of
pious obligation shall not apply to the sons. Salvation of souls is attained by
paying pious obligation by the descendants, who pay the debts. The scope of this
paper is limited to analyze and understand the Doctrine of Pious Obligation and
its applicability. The paper also aims to see a comparison on the doctrine which
was prevalent pre-2005 and post 2005 after the Hindu Succession Amendment in
2005.
Doctrine of Pious Obligation :-
Pious' means religious and sacred. ‘Pious obligation’ means a duty of a Hindu
male essentially, due to the deep devotion that he puts into his religion. Hindu
law states that ‘He who having received a sum lent or the like does not repay it to
the owner will be born hereafter in his creditors house a slave, a servant or a
woman or a quadruped’. As per Hindu scriptures, it is the holy, pious, and most
importantly a pious duty of a son to pay off or discharge his father's debts. This
religious obligation is attached to a son of a Hindu as well as son’s son and son’s
son’s son, on the ground that all the three are coparceners with others by their
birth.
It is being believed that non-payment of debts is a sin(paap) and any person, who
died leaving the debts behind, cannot go to heaven(Swarg). The 'Putra' i.e., the
son, grandson, and great-grandson by paying off such debts, reliefs his parted
ancestor from the debt and enables him to reach the heaven and thus enables
him to attain Moksha. This duty or obligation of a son to repay the debts of the
deceased ancestor is based on a special doctrine, known as "The Doctrine of Pious
Obligation".
TYPES OD DEBTS AND LIABILITY OF SONS :-
When it is being discussed about the doctrine of pious obligation i.e., son’s
liability to pay off his descendants’ debts it is to be noted that there are two types
of Debts; Vyavaharika and Avyavaharika. A son’s pious obligation is only to pay his
ancestors Vyavaharika debts i.e., debts taken for legal purposes. Avyavaharika
debts are not binding upon sons. Now, when taking into consideration
Vyavaharika Debts, it is a just debt for which a father is liable to alienate family
lands, as opposed to his sons, which means debts which are due, but are not
immoral, not illegal, or are not opposed to law and public policy. The debt that is
not contracted as an act of recklessness extravagance or to seek illicit pleasure,
such debt shall be binding upon sons. Sons are liable to pay debts such as
telephone bills, liability of father’s mesne profits, or torts committed by him
concerning profits. When debts were contracted for defending himself in a
lawsuit, debts contracted for conducting business etc such debts shall be binding
upon sons.
AVYAVAHARIKA DEBT AND BURDEN OF PROOF :-
Initially, it so happened that sons could easily escape by simply proving that it was
avyavaharika debt. But, as a result, it turned out to be a loss for the creditors who
lend the money. So later the courts came to the point that it is the burden on the
sons to prove that the debts taken from the creditor is taken for as an
avyavaharika debt; to protect the rights of the creditor such step was taken.
JUDICIAL INTERPRETATION ON DOCTRINE OF PIOUS OBLIGATION :-
Venkatesh Dhonddev Deshpande v. Sou. Kusum Dattatraya Kulkarni; Supreme

Court in this case observed that, “ Whether the father is the Karta of a Joint Hindu
family and the debts are contracted by the father in his capacity as manager and
head of the family for family purposes, the sons as members of the joint family
are bound to pay the debts to the extent of their interest in the coparcenary
property. Further, where the sons are joint with their father and the debts have
been contracted by the father for his benefit, the sons are liable to pay the debts
provided they are not incurred for illegal or immoral purposes ”.
Apentala Raghavaiah v. Boggawarapu Peda Ammayya In this case, the plaintiff's

father Yellamanda did Tobacco business with the respondent and thereby became
indebted to him, and because of which the father sold the property to the
defendant for paying off the debts. The respondent contested the petition by
filing his counter contending that the Tobacco business was done by the father of
the petitioner for the benefit of the joint family and the debt contracted by him is
not 'Avyavaharika debt' that the petitioner is liable to discharge such debt
incurred by his father in connection with such business.
PIOUS OBLIGATION OF DAUGHTERS: A MODERN PERSPECTIVE :-

Post the feminist movements have questioned ‘male-stream’ thinking in ways
that have struck at discriminatory status quo in politics, society, and all the other
major fields. No doubt after the commencement of the Hindu Succession
Amendment Act, 2005, daughters have also become coparceners in their father’s
property.
As given in section 6 –“Devolution of interest in coparcenary property.
(1) On and from the commencement of the Hindu Succession (Amendment) Act,
2005 in a Joint Hindu family governed by the Mitakshara law, the daughter of a
coparcener shall.
(a) by birth become a coparcener in her own right in the same manner as the son.
(b) have the same rights in the coparcenary property as she would have had if she
had been a son.
(c) be subject to the same liabilities in respect of the said coparcenary property as
that of a son”.
Thus, as specified in section 6 subsection 1 and clause a, b, and c it can be
essentially concluded that daughters being coparceners to their father’s property
like the sons, has same rights as that of a son and also same liabilities like that of a
son respectively. Thus, if the doctrine of Pious Obligation would have been in
existence in the present time, then daughters too would have been held liable to
pay off their father’s vyavaharika debts. But since, post-2005 an amendment has
been made and as per section 4, the pious obligation has ceased to exist
(although with exceptions as given in clause a and b of the same) daughters are
not liable to pay off father’s debt be it of any kind.
CONCLUSION :-
The doctrine of pious obligation under which sons, son’s son, and son’s son’s son
are held liable to pay off their father's debts is based solely on religious norms
and practices going on for ages; the doctrine inevitably preaches that the father's
debts must be vyavaharikai.e., legal and not immoral. If the debts are not
vyavaharika or are avyavaharika the doctrine of pious obligation cannot be taken
into consideration. In case of debts contracted by the father, for his benefit, at a
point of time when he is a coparcener to the joint family property along with his
sons, the sons are liable to pay such debts, unless the debts were incurred for
immoral or illegal purposes. This liability of the sons, which had its origin in an
obligation, has since metamorphosed into one of legal liability but this does not,
however, extend to debts tainted with immorality. The liability is not personal in
the sense that the creditor of the father cannot proceed either against the person
or separate Property of the sons, but such liability is restricted to the interest of
the sons in the joint family property. If it is found out that the debt is contracted
by the father after partition, the son cannot be made liable. If, however, the debt
is a pre-partition debt, the share of the sons would be liable even after partition if
the debts of the father are not immoral or illegal and the partition arrangement
does not make any provision for the repayment of such debts. Again, it is to be
noted that post-2005 i.e., after the amendment to the Hindu Succession Act,
daughters are coparceners to their father’s property as well, having the same
rights and liabilities as that of a son. But the doctrine of Pious Obligation has
ceased to exist post-2005 amendment and thus there is no obligation on the part
of sons and daughters to pay off their ancestor’s debts.
6. Discuss the divorce under Muslim Personal Law.
OR
Discuss the grounds of divorce under Muslim Personal Law ?.
Answer :-
Muslim Marriage Act: Divorce under Muslim Law is of two types :-

1. Extra Judicial Divorce
2. Judicial Divorce
Extra Judicial Divorce in Islam
Extra judicial divorce in Islam consists of the following divisions:-

I. By husband: Talaq, Ila, Zihar
II. By wife: Talaq-i-tafweez
III. By mutual consent: Khula, Mubarat
Talaq in Islam
1. Talaq-e-Ahsan: It consists of a single pronouncement of divorce. It is

irrevocable even after the expiration of the period of iddat.
2. Talaq-e-Hasan: When the husband repudiates his wife during a Tuhr (period of
purity) in which he has not had carnal connection with her, and he repeats the
repudiation during the next two Tuhrs, which makes the divorce final and
irrevocable.
3. Talaq-ul-Biddat: Three pronouncements are made in a single breath. It

becomes irrevocable as soon as it is pronounced. It is considered to be the worst
form of divorce.
New: The supreme court in Shayara Bano vs Union of India, 2017 has declared
talaq-ul-biddat as unconstitutional stating that, it leaves a woman in a miserable
situation and there is no scope of reconciliation once the pronouncement is
made.
4. Ila: If a husband, after having attained puberty, swears by god not to have
sexual intercourse with his wife for a period of four months or for any unspecified
period, he is said to make Ila.
5. Zihar: If the husband compares his wife to his mother or to a female within
prohibited degrees of relationship, the wife has the right to avoid him until he
performs punishment for his wrong done/sin.
6. Khula: Khula is separation by putting an end to the matrimonial bonds and

rights. It is that right in which the wife agrees to give a certain amount of
consideration to the husband for her release from the marriage ties.
7. Mubarat: Mubarat is the dissolution of marriage by mutual agreement. The

offer may be made by any party, either husband or wife.
8. Talaq-e-Tafweez: A husband may delegate his power of talaq to his wife. An

agreement is made before or after marriage providing that the wife is at liberty to
take divorce from his husband provided that such power is not absolute and
unconditional and that the conditions are reasonable and not opposed to law.
Judicial Divorce in Islam
Dissolution of Muslim Marriage act, 1939: Judicial divorce in Islam consists of –

Lian and Fask.
1. Lian: When the husband put charges of adultery on the wife, and later the
charges are proved false, the wife is entitled to sue and ask for a divorce.
2. Fask: Muslim law allows a lady to approach a qazi for dissolving a marriage
under following conditions:
I. If the marriage is irregular.
II. If the marriage was within prohibited degrees etc.
Grounds on Which Muslim Woman Can Seek Divorce
Under section 2 of this Act, a Muslim woman can seek divorce on the following
grounds:
1. Where the husband is not heard of alive for a period of four years.
2. The husband has failed to provide maintenance to the wife for at least two
years.
3. The husband has been under imprisonment for seven or more years.
4. The husband is unable to meet the marital obligations.
5. If the girl is married before fifteen and decides to end the relationship before
she turns eighteen.
7. Discuss the salient features of Hindu Marriage Act, 1955.
Answer :-
SALIENT FEATURES OF HINDU MARRIAGE ACT 1955 :-

Introduction :-
Marriage is a social institution. Marriage among Hindus are considered to be a
sacred bond. Unlike Muslim Marriage it is not a contract rather it’s a religious
sacrament. According to the old Hindu texts, Marriage is a religious duty. The
main purpose of the act was to amend and codify the law relating to marriage
among Hindus .The Hindu Marriage Act, 1955 was intended to secure the rights
of marriage for the bride and groom who are Hindu and are married to each
other. Hindu marriage act is a part of the Hindu code Bill.
Applicability of Hindu Marriage Act, 1955 :-

This law applies to all the people who belong to Hindu religion and are permanent
resident of India but does not apply to people who are Muslim, Christian & Parsi .
This also applies to the off shoots of Hinduism and Sikhs as well.
Conditions for marriage :- Section 5 :-

Section 5 of Hindu marriage act specifies few conditions for marriage. If these
conditions are not met the marriage is considered to be Void & Voidable
marriage.
Void marriage :-
• If the bride is under 18 years of age & groom is under 21 years of age i.e.
the bride groom is under age.
• If any of them are not Hindu. Bride groom should be of Hindu religion.
• This law prohibits polygamy & strongly encourages monogamy.
• Bridegroom should not be within a prohibited relationship.
Voidable marriage :-
• If any one of the couple is impotent i.e unable to procreate.
• If the bride or the groom did not give consent for the marriage and is
unable to understand the implications of the marriage.
• Both should be of sound mind.
• If consent is taken forcibly or fraudulently.
• If the bride is pregnant by anyone other than the groom at the time of
marriage.
Ceremonies :- Section 7 :-
There are many ceremonies and rituals that are included in the Hindu marriage.
Hindu marriage is solemnised under many customary rites & rituals. One of the
most important rituals is Saptapadi where the bride and the groom take 7 steps
around the sacred fire.
Registration :- Section 8 :-
After the marriage has taken place & the couple has started to live together, the
marriage should be registered after minimum 30 days. Under section 8 of Hindu
marriage act the government is allowed to make rules for registration of
marriage.
The purpose of registering a marriage is that it gives a written evidence of the fact
that the marriage has taken place so it becomes easier to be admissible in the
court of law in case any complications arise.
Divorce :- Section 13 :-
Divorce is the dissolution of marriage as per Hindu law. While being in a marital
relationship it is expected that both the parties will have some rules &
responsibilities to abide by. The relationship needs to be guarded specified by
some law.
Grounds for divorce :- Section 13 (1) :-
Under the Hindu marriage act,1955 there are 9 grounds based on which one can
seek divorce from his/her partner. These are:
1. CRUELTY.
2. DESERTION.
3. ADULTERY.
4. INSANITY.
5. LEPROSY.
6. VENEREAL DISEASE.
7. CONVERSION.
8. RENUNCIATION OF WORLD.
9. PRESUMPTION OF DEATH.
Alimony ( Parmanent maintenance) :-
At the time of divorce the court decides the amount to be paid by one party to
the other for maintenance & support. It can be a monthly payment. The amount
is decided by the court on the grounds of social and economic status of the party.
Remarriage :-
Remarriage among Hindus is only possible when the previous marriage is
dissolved by the decree of divorce or is dissolved due to the civil death of the
previous partner.
Conclusion :-
In India marriage is one of the most important social institutions. Especially
among the Hindus marriage is considered to be a sacred bond. During pre
independence & early post independence period there were a lot of problems
that arose between married couples.
There was an instant need to have some legal remedies that could safeguard the
rights of both husband and wife. Hindu Marriage Act, 1955 codifies the rights and
duties of Hindu couples. Marriage is a multilevel commitment. Thus, this

enactment is responsible for uniformity of law among all the Hindu couples.
8. Explain the ground of divorce under Hindu Marriage Act, 1955.
Answer :-
Under the Hindu Marriage Act,1955 there exists following grounds of divorce such
as:-
➢ Fault Ground (section 13(1)).

➢ Breakdown Ground (section 13(1A)(i), 13(1A)(ii)).
➢ Divorce By Mutual Consent (section 13-B).
➢ Customary Divorce (section 29(2)).
Fault Ground :-
Under the Hindu Marriage Act 1955, section 13(1), lays down nine fault ground of
divorce. Some of there are Adultery, Desertion, Cruelty, Insanity, Leporacy,
Verenal Disease, while others such as Conversion, Or Renunciation of words are
typically Hindu grounds.
I. Desertion :-
In explanation to sub-section (1) of Section 13, Hindu Marriage Act, 1955,

Parliament has explained desertion :- “The expression ‘desertion’ means the
desertion of the petitioner by the other party to the marriage without reasonable
cause and without the consent or against the wish of such party, and includes the
willful neglect of the petitioner by the other party to marriage, and its
grammatical variations and cognate expressions shall be construed
accordingly”. In other word Desertion means permanent leave or forsaking of one
spouse by the other without any sensible reason without the consent of the
other.
For the offence of desertion so far as deserting spouse is concerned, two essential
conditions must be there.
➢ The reality of the split and.

➢ The desire to finally put an end to cohabitation (animus deserendi).
Similarly, two elements are essential so far as the deserted spouse is concerned :-
➢ The lack of consent, and

➢ The lack of a valid cause of action for the partner leaving the matrimonial
home to render the required purpose referred to above.
In Savitri Pandey v. Prem Chand Pandey court held that “ there can be no
desertion without previous cohabitation by the parties”
In Case Bipin Chander Jaisinghbhai Shah vs Prabhawati court held that “The
offense of desertion is a path of behavior which exists independently of its
duration, however as a ground for divorce it needs to exist for a duration of as a
minimum 3 years at once previous the presentation of the petition or, in which
the offense seems as a cross-charge, of the answer. Desertion as a ground of
divorce differs from the statutory grounds of adultery and cruelty in that the
offense founding the purpose of motion of desertion isn't always complete,
however is inchoate, till the healthy is constituted. Desertion is persevering with
the offense”
II. Cruelty :-
Before 1976, Cruelty was not ground for divorce. It was ground for judicial
separation. By the Amendament Act, Cruelty is made a ground for divorce. Oxford
Dictionary defines The word “cruelty” has not been outlined and it's been utilized
with respect to human conduct or human behavior. it's the conduct with respect
to or in respect of marital status duties and obligations. it's a course of conduct
and one that is adversely moving the opposite. The cruelty is also mental or
physical, intentional, or unintentional.
In Savitri Pandey vs Prem Chandra Pandey court held that Cruelty has not been
outlined underneath the Act however in respect to marital matters it's
contemplated as the conduct of such sort that endangers the living of the
petitioner with the respondent. Cruelty is an act that is dangerous to life, limb, or
health. Cruelty for the aim of the Act suggests that wherever one spouse
equivalent has therefore treated the opposite and manifested such feelings
towards her or him on have inflicted bodily injury, or to own caused cheap
apprehension of bodily injury, suffering, or to own bruised health. Cruelty could
also be physical or mental. Mental cruelty is that the conduct of other spouse
equivalents that causes mental suffering or worry about the marital life of the
opposite. Cruelty "therefore postulates the petitioner's approach with such
cruelty as to trigger an accessible apprehension that it may be detrimental or
harmful to him.
In Smt. Nirmala Manohar Jagesha vs Manohar Shivram Jagesha Court held that
“case for divorce, false, baseless, scandalous, malicious and unproven allegations
made in the written statement may amount to cruelty to the other party and that
party would be entitled to get a decree of divorce on that ground”.
In Gurbux Singh vs Harminder Kaur court held that Simple minor aggravations,
squabbles, normal wear, and tear of married life which occurs in everyday life in
all families would not be satisfactory for an award of separation on the ground of
cruelty.
III. Adultery :-
Reydon defines Adultery as “consensual sexual intercourse between a married

person and a person of the opposite sex, not the other spouse, during the
subsistence of marriage”.
In the case of a divorce petition, it is not appropriate, or sufficient, to show that

the correspondent had information or reason to believe that the respondent was
the petitioner's wife or husband. If the respondent had a partnership with the
complete understand exactly-how co-respondent that he or she wasn't a wife or
husband then that was appropriate.
In Subbaramma v. Saraswati Court held that one single act of adultery is enough
for divorce or judicial separation. In the same case court also held that “the
unwritten taboos and rules of social morality in this country and particularly in
village areas must necessarily be taken into account. If an unknown person is
found alone with a young woman after midnight, in her apartment, in an actual
physical juxtaposition, unless an excuse is given which is consistent with an
innocent interpretation, the only conclusion that the Court of Justice can draw
must be that the two have committed an act of adultery together”.
So we can conclude that in contest of Indian law actual penetration is not

required for act of adultery.
IV. Insanity :-
Under The Marriage Laws (Amendment) Act, 1976, Section 13(iii) petitioner may
get a decree of divorce or judicial separation if the respondent has been
experiencing consistently or irregularly mental turmoil of such a sort and so much
that the petitioner can't sensibly be required to live with the respondent.
In Ram Narayan v. Rameshwari, Supreme Court held that in schizophrenic mental

disorder, the petitioner should prove not merely the said mental disorder, but
also establish that account the petitioner could not reasonably be expected to live
with the respondent.
In Smt. Alka Sharma v. Abhinesh Chandra Sharma, t was discovered that the
spouse was so cold and sub-zero and apprehensive on the first evening of
marriage as not to have the option to coordinate in a sexual act. She was
discovered incapable to deal with homegrown machines. She fizzled to clarify the
direction of peeing within the sight of all relatives. The court held that she was
experiencing schizophrenia, and the spouse was held to be entitled to the nullity
of marriage.
V. Leprosy :-
Section (1)(iv) in the Hindu Marriage Act, 1955, Leprosy is both ground for divorce
and judicial separation.
But for divorce under Section (1)(iv) in Hindu Marriage Act, 1955, Leprosy must be
in the form of.
a. Virulent and.
b. Incurable.
a mild type of leprosy which is capable of treatment is neither ground for divorce
nor for judicial separation.
VI. Venereal Disease :-
Section 13(V) of the Hindu Marriage Act, 1955 provides ground for divorce against
communicable Venereal Disease.
In Mr. X v. Hospital Z Supreme court held that on the ground of venereal disease
Either husband or wife can get a divorce, and a person who has suffered from the
disease cannot be said to have any right to marry even before marriage, as long as
he is not completely cured of the disease.
In Sm. Mita Gupta vs Prabir Kumar Gupta court held that Venereal disease is a
cause of divorce, but the partner may be denied relief even though the other
partner suffers as much if the former is responsible for the contagion
VII. Conversion :-
Under the Hindu Marriage Act, Section (13)(1) clause (ii) divorce maybe obtain if
the respondent converted from Hindu to other Religion and ceased to be a Hindu.
Under the clause two conditions must be satisfied:
1. Respondent has ceased to be a Hindu, and.

2. He has converted to another religion.
Ceased to be Hindu means a person got converted to a non-Hindu faith such as

Parsis, Islam, Christianity, or Zoroastrianism. A person not ceased to be Hindu if
he converted into Jain, Buddhism, Sikhism because Sikh, Jain, Buddhist by religion
is a Hindu.
In Teesta Chattoraj vs Union Of India court held that Conversion to another

religion is a ground for divorce, but a spouse may be denied divorce even if the
other spouse has embraced some other religion if the former goaded the latter to
such conversion.
VIII. Renunciation of World :-
Renounce the world" could imply "to withdraw from worldly pursuits as a way to
lead a non-secular life." Reference is made to section 13(1)(vi) of the Hindu
Marriage Act. The word "renouncing" means "making a formal resignation of a
few rights or, in particular, believing in one's position as successor or trustee.".
To obtain a divorce under this clause two conditions must be satisfied:
1. The respondent must have renounced the world, and.

2. He must have entered some other religious order.
In Sital Das v. Sant Ram it was held that someone is stated to have entered in
a religious order whilst he undergoes a few ceremonies and rites
prescribed via the faith. Now there are some other matters to observe here. For
example, if one man or woman has entered into
a religious order but comes home day by day and cohabits then it cannot be taken
as a floor for divorce because he has no longer renounced the world.
IX. Presumption of Death :-
Under the Indian Evidence Act, 1872, a person is presumed to death if he/she has
no longer been heard of as being alive for a period of at least seven years. On this
ground, the petitioner may obtain a divorce. But in ancient Indian Hindu Law, a
presumption of death isn’t like presumption under modern law, there should
lapse of twelve years to be presumed a person dies. This presumption underneath
the availability of regulation isn't inflexible and death might also even be
presumed before the lapse of 7 years from proof of special instances.
Irretrievable Breakdown Ground :-

Under Hindu Marriage Act 1955, section 13(1A) Either party to a marriage,
whether solemnized before or after the commencement of this Act, may also
present a petition for the dissolution of the marriage by a decree of divorce on
the ground.
➢ That there has been no resumption of cohabitation as between the parties

to the marriage for a period of 8 [one year] or upwards after the passing of
a decree for judicial separation in a proceeding to which they were parties;
or
➢ That there has been no restitution of conjugal rights as between the parties
to the marriage for a period of 8 [one year] or upwards after the passing of
a decree for restitution of conjugal rights in a proceeding to which they
were parties.
In K. Srinivas Rao v. D.A. Deepa court held that the irretrievable breakdown of a
marriage is not a basis for divorce under the Hindu Marriage Act of 1955.
However, where marriage is beyond repair due to the animosity induced by the
actions of the husband or the wife or both, the courts have often treated the
irretrievable dissolution of marriage as a rather severe situation, inter alia,
causing marital separation. A marriage that is dissolved for all purposes can not
be restored by the decision of the court if the parties are not able to do so.
In Vishnu Dutt Sharma vs Manju Sharma court held that on bare reading
section13, we have not found that legislature provides divorce on the ground of
irretrievable breakdown of a marriage. However, in some cases, this court
dissolves the marriage on the ground of irretrievable breakdown. In our opinion,
this case should not be treated as a precedent.
Divorce by Mutual Consent :-

Under Hindu Marriage act, sub-section (1) of section 13B of the Act required that
the petition for divorce via mutual consent need to be provided before the court
jointly among the events and that there had been 3 other requirements of sub-
section (1) specifically.
➢ They have been residing separately for a period of 365 days.

➢ They have not been capable of live together and.
➢ They've together agreed that the marriage has to be dissolved.
Under Hindu Marriage Act, Section 13-B, it might be clear that both the parties
are able to document a joint petition for divorce by means of mutual consent,
provided they were living separately for a period of 365 days. moreover, it's far
provided that at the motion made by means of each the events not earlier than 6
months after the date of presentation of the stated petition and no longer later
than 18 months of the stated date, the court on being satisfied after hearing the
events and after making such an inquiry as it thinks suit, pass a decree of divorce
dissolving the wedding by way of mutual consent.
In Smt. Jayashree Ramesh Londhe vs Ramesh Bhikaji Londhe court held that
either party can withdraw the petition after thinking over the matter about
divorce through mutual consent and that in this way a party can withdraw the
earlier consent though not obtained by using fraud, undue influence, and
coercion.
In Manish Goel v. Rohini Goel court held that this court is competent to waive of
the statutory period of six months in the exercise of its jurisdiction under Article
142 of the Constitution. the said statutory duration of six months for filing the
second one petition under section 13-B(2) of the Act has been prescribed for
offering an opportunity to events to reconcile and withdraw the petition for

dissolution of marriage.
Customary Divorce :-
It is a fact that divorce was not known to the general Hindu rule, but however, in
some cultures, divorce was accepted by custom and the courts followed the
custom where it was not contrary to public policy. The scheme and the purpose of
this Act are not to circumvent any of those customs which have been recognised
as having divorce and effect by the saving found in this chapter. Under any other
situation, it is not mandatory for the spouses to come before the Court to seek
divorce on the grounds recognised by custom.
Wife Special Ground of Divorce :-
Husband having more than one wife living :-

Under clause (i) of sub-clause (2) of section 13 of the Hindu Marriage Act, The
wife was entitled to file a petition dissolving his marriage on the ground that at
the time of the ceremony of a marriage between the appellency and the
appellant the first wife of the appellant who was married to the appellant before
the commencement of the Act was alive.
In Leela v. Anant Singh court held that The wife of polygamous marriage can not
be deprived of her right of divorce on the ground that, prior to the
commencement of the act, she entered into a compromise with her husband to
continue living with her; nor can the husband plea that her conduct or disability is
a bar to her claim of divorce.
Rape, Sodomy or Bestiality :-

Under clause (ii) of sub-clause (2) of section 13 of the Hindu Marriage Act, the
wife is entitled to divorce on the ground of rape, sodomy, or bestiality against her
husband.
A man is guilty of rape if he induces an unwilling woman to participate in sexual

intercourse, i.e. unwilling or unfiltered, or when his consent is gained by placing
her in the fear of death or her consent, or by falsely believing that she is his wives
when they are not, or if they are less than twelve years old. However, one can not
be accused of raping his own wife unless she is less than 15 years old.
Sodomy or bestiality happens when one has a carnal relationship with another
man, woman, or animal outside the order of nature. The matrimonial crime of
sodomy under the scope of the clause would be if the man were to perform
sodomy on his wife without their consent.
Non-resumption of cohabitation after a decree of maintenance :-

Under clause (ii) of sub-clause (2) of section 13 of the Hindu Marriage Act
provided the woman with an alternative basis for a divorce. The purpose of
incorporating the aforementioned provision was to grant the wife the right to
pursue a divorce if her husband had ignored her or not sustained her after a
maintenance order was passed in her favour.
Repudiation of Marriage :-
Wife/applicant lodged an application for divorce from the respondent-husband
on the basis that she was under 15 years of age when she was married, but that
she had rejected her marriage before she was 18 years of age, and that she was
thus given a divorce order under Section 13(2)(iv) of the Hindu Marriage Act,
1955.
Conclusion :-
Under Section 13, Hindu Marriage Act,1955, There are available much grounds of
divorce on which both husband and wife can file a divorce petition. Under sub-
clause (1) of section 13 of the Act, there are available 9 fault ground on which
divorce can be taken. These grounds are such as desertion, adultery, cruelty,
venereal disease, leprosy, insanity, and conversion. Under sub-clause (2) of
section 13 of the Act, there are available four ground on which the wife alone can
file a divorce petition. These grounds are such as husband having more than one
wife living, rape or sodomy or bestiality, non-resumption of cohabitation after a
decree of maintenance, repudiation of marriage. Under sub-clause (1A) of section
13 of the Act, Irretrievable Breakdown Ground also available for both husband
and wife. Under sub-clause (2) of section 29 of the Act, the husband and wife can
take divorce based on a custom prevailing in society. Divorce may be initiated at
the end of 1 year of marriage. Two judgment procedures are required for divorce.
One is when the petition is filed and the second is after a post of 6 months.
9. Discuss the constitutional validity of Restitution of Conjugal Rights.
Answer :-
Introduction :-
Marriage is considered to be the sacramental relationship between a man and a

woman which is socially acceptable. But with the passage of time, the institution
of marriage is more of a civil contract than a sacramental union. Therefore, many
a time’s the relation of husband and wife become bitter and they opt to live
separately. Hence section 9 deals with such situations.
The marriage of Hindus is governed by the Hindu Marriage Act, 1955.
Restitution of Conjugal Rights :-
Marriage is a nucleus of social life. The very purpose of marriage is that the legally
wedded couple must live together throughout the life sharing pleasures and
pains. It is a well established principle that both the spouses are equally entitled
to matrimonial society and comfort ( consortium ) of the other. In case one
spouse happens leave the other ( deserted ) spouse can file a petition in the
District Court for the conjugal rights. For instance, if a husband, without any
reasonable cause leaves his wife and lives elsewhere, wife can file a petition for
the restitution of conjugal rights of the Hindu Marriage Act, 1955. A Provision to
this effect has been provided for under Section 9.
Section 9 :- “ When either the husband or the wife has, without reasonable
excuse, withdrawn from the society of the other, the aggrieved party may apply,
by petition to the District Court, for restitution of conjugal rights and the court, on
being satisfied of the truth of the statements made in such petition and that there
is no legal ground why the application should not be granted may decree
restitution of conjugal rights accordingly “.
Conditions :- The relief under Section 9 is subject to fulfillment of the following
conditions :-
➢ The marriage between the parties must be a valid marriage under Section 5
of the Hindu Marriage Act, 1955.
➢ The respondent has withdrawn from the society of the petitioner without
reasonable excuse.
➢ The court is satisfied with the truth of the statements, made in the petition.
➢ There is no legal ground, why the relief should not be granted.
Constitutional validity of Section 9 :-
Sometimes, a decree in favour of the husband under Section 9 of the Hindu

Marriage Act may deprive a wife from personal liberty and employment of her
choice. Such situations are quite obvious in the society. For instance, to resign and
join him. If she refuses to resign, the husband may file a petition and the Court
may direct her to join the husband under Section 9. Section 9 of the Hindu
Marriage Act is violate of Articles 14 and 21 of the Indian Constitution.
T. Sareetha vs. T. Venkata Subbiah, AIR 1983, A.P. 356 :- The Andhra Pradesh
High Court through P.A. Chowdary held that the relief under Section 9 of Hindu
Marriage Act is unconstitutional since it offends against Article 21 ( Personal
Liberty ) and Article 14 ( Right to equality ) of the Constitution.
Facts of the Case :- Sareetha, a famous film star got married to Ventaka Subbaiah,
the petitioner in the instant case. After sometime, she left for parental home,
Madras and remained there. Venkata Subbaiah filed a petition under Section 9.
The trial Court granted the decree. On the appeal, the A.P. High Court through
Justice P.A. Chowdary denied the relief under Section 9 of the Hindu Marriage
Act, and struck down Section 9 holding that it violates the wife’s right to privacy
by compelling her to have sexual intercourse ( probably leading to pregnancy )
against her will. The husband’s petition under Section 9 was dismissed.
However, the decision of the A.P. High Court in Sareetha’s case was dissented and
the constitutionality of Section 9 was upheld by the Delhi High Court in the case
of.
Smt. Harvinder Kaur vs. Harmandir Singh AIR 1984 Del. 66 :- The husband filed a
petition against his wife for restitution of conjugal rights under Section 9. The
respondent ( wife ) opposed the petition in support of the decision of the A.P.
High Court in Sareetha’s case. But, the court ( Delhi High Court ) through Justice
Avadh Behari Rohatgi dissented from the decision from the decision of A.P. High
Court and upheld the constitutionality of Section 9 and granted a decree for
restitution for conjugal rights.
Decision of the Supreme Court :- The above conflict as to the constitutional

validity of Section 9 of the Hindu Marriage Act, 1955 was resolved finally, by the
Supreme Court in.
Saroj Rani vs. Sudarshan Kumar, AIR 1984 SC 1562 :- The Court favouring the
decision of the Delhi High Court ( in Smt. Harvinder Kaur vs. Harmander Singh ),
overruled the decision of the A.P. High Court in Sareetha’s case and upheld the
constitutional validity of Section 9 of the Hindu Marriage Act.
The Court opined that the leading idea of Section 9 is to preserve the marriage. It
was held that the remedy under Section 9 of the Hindu Marriage Act is not at all
violative of Article 14 or 21 of the Constitution.
10. What are the different types of Talak ?.
Answer :-
Under the Islamic law, divorce is classified into three categories. Talaq understood
simply, is a means of divorce, at the instance of the husband.
‘Khula’, is another mode of divorce, this divorce is at the instance of the wife. The
third category of divorce is ‘mubaraat’ - divorce by mutual consent.
Talaq is also of three kinds - ‘Talaq-e-ahsan’, ‘Talaq-e-hasan’ and ‘Talaq-e-biddat’.

The Quran and ‘hadith’ i.e. sayings of the Prophet Muhammad, approve of ‘talaq-
e-ahsan’, and ‘talaqe-hasan’ as they are considered most reasonable form of
divorce.
But ‘talaq-e-biddat’ i.e. triple talaq is neither recognized by the ‘Quran’ nor by
‘hadith’.
TALAQ-E-AHSAN
‘Talaq-e-ahsan’ is a single pronouncement of ‘talaq’ by the husband, followed by a
period of abstinence. The period of abstinence is described as ‘iddat’. The
duration of the ‘iddat’ is ninety days or three menstrual cycles or three lunar
months.
If the couple resumes cohabitation or intimacy, within the period of ‘iddat’, the
pronouncement of divorce is treated as having been revoked. Therefore, ‘talaq-e-
ahsan’ is revocable. Conversely, if there is no resumption of cohabitation or
intimacy, during the period of ‘iddat’, then the divorce becomes final and
irrevocable, after the expiry of the ‘iddat’ period.
It is considered irrevocable because, the couple is forbidden to resume marital

relationship thereafter, unless they contract a fresh ‘nikah’ (marriage), with a
fresh ‘mahr’.
However, on the third pronouncement of such a ‘talaq’, the couple cannot

remarry, unless the wife first marries someone else, and only after her marriage
with other person has been dissolved (either through ‘talaq’ - divorce, or death),
can the couple remarry. Amongst Muslims, ‘talaq-e-ahsan’ is regarded as - ‘the
most proper’ form of divorce.
TALAQ-E-HASAN
‘Talaq-e-hasan’ is pronounced in the same manner, as ‘talaq-e-ahsan’. Herein, in
place of a single pronouncement, there are three successive pronouncements.
After the first pronouncement of divorce, if there is resumption of cohabitation
within a period of one month, the pronouncement of divorce is treated as having
been revoked.
The same procedure is mandated to be followed, after the expiry of the first
month (during which marital ties have not been resumed). ‘Talaq’ is pronounced
again.
After the second pronouncement of ‘talaq’, if there is resumption of cohabitation

within a period of one month, the pronouncement of divorce is treated as having
been revoked. It is significant to note, that the first and the second
pronouncements may be revoked by the husband. If he does so, either expressly
or by resuming conjugal relations, ‘talaq’ pronounced by the husband becomes
ineffective, as if no ‘talaq’ had ever been expressed.
If the third ‘talaq’ is pronounced, it becomes irrevocable. Therefore, if no

revocation is made after the first and the second declaration, and the husband
makes the third pronouncement, in the third ‘tuhr’ (period of purity), as soon as
the third declaration is made, the ‘talaq’ becomes irrevocable, and the marriage
stands dissolved. The wife has to observe the required ‘iddat’ (the period after
divorce, during which a woman cannot remarry. Its purpose is to ensure, that the
male parent of any offspring is clearly identified).
And after the third ‘iddat’, the husband and wife cannot remarry, unless the wife
first marries someone else, and only after her marriage with another person has
been dissolved, can the couple remarry. The distinction between ‘talaq-e-ahsan’
and ‘talaq-e-hasan’ is, that in the former there is a single pronouncement of
‘talaq’ followed by abstinence during the period of ‘iddat’, whereas, in the latter
there are three pronouncements of ‘talaq’, interspersed with abstinence. As
against ‘talaq-e-ahsan’, which is regarded as ‘the most proper’ form of divorce,
Muslims regard ‘talaq-e-hasan’ only as ‘the proper form of divorce’.
TALAQ-E-BIDDAT OR TRIPLE TALAQ

The third kind of ‘talaq’ is - ‘talaq-e-biddat’. This is effected by one definitive
pronouncement of ‘talaq’ such as, “I talaq you irrevocably” or three simultaneous
pronouncements, like “talaq, talaq, talaq”, uttered at the same time,
simultaneously.
In ‘talaq-e-biddat’, divorce is effective forthwith. The instant talaq, unlike the

other two categories of ‘talaq’ is irrevocable at the very moment it is pronounced.
Even amongst Muslims ‘talaq-e-biddat’, is considered irregular. There is no
mention of ‘talaq-e-biddat’ in the Quran. It was introduced after the death of
Prophet Muhammad in order to escape the strictness of law.
11. Discuss the salient features of the Special Marriage Act, 1954.
Answer :-
Salient features of Special Marriage Act 1954 :-

The Special Marriage act was passed in 1954. It was passed with an intention to
regulate marriage between two individuals (of the opposite sex) irrespective of
their caste or religion . It applies to the whole of India except for the states of
Jammu and Kashmir. It consists of 51 sections which are divided into 8 chapters. It
mainly deals with inter-caste and inter-religion marriages. It also applies to Indian
citizens that live abroad.
Conditions for marriage under the act :-
Section 4 of the Special Marriage act of 1954 deals with the various conditions to
constitute a valid marriage. It prescribes 4 main conditions to constitute a valid
marriage. 1)It does not allow Polygamy and it deems a marriage void if neither of
the parties has any spouse living at the time of marriage. 2) The parties to the
marriage should be of sound mind and should be mentally stable. The parties
should be able to take decisions for themselves and should be sane at the time of
marriage 3) Both the parties to the marriage should have completed the
prescribed age limit. At the time of application of the marriage the female party
must be of atleast eighteen years of age and the male party must have completed
twenty-one years of age. 4) The parties entering into marriage should not be in
near relation to each other and should not be within the degrees of prohibited
relationship with each other. The degrees of prohibited relationship is dependent
on the customs practiced by the parties involved and varies from custom to
custom. Schedule one of the act lists out the degrees of prohibited relationships,
be that as it may the customs governing the individuals are given priority in
general scenarios. Only if these conditions are fulfilled, the marriage will
constitute as a legal one. Other requirements to constitute a valid marriage is
consent of the parties where both parties entering into the marriage should give
appropriate consent. The willingness of both parties are taken into consideration.
The caste or religion of either parties are not taken into consideration and will not
act as barriers.
Procedure for solemnization of marriage as per the act :-
Indian Marriages can be registered under personal laws such as Hindu Marriage
Act 1954, Muslim Marriage act 1954 or can be registered under the Special
Marriage act 1954.
Before entering into marriage, the eligibility check of the parties involved is
mandatory to constitute a legal and valid marriage. The parties must be Indian
citizens, must be of legal age and should fulfill other criteria mentioned in the
conditions to marry under the act.
Section 5 of the act states that the parties shall give a notice in writing to the
Marriage officer of the District and atleast one of the parties has resided for a
period of not less than 30 days immediately preceding the date of such notice.
The filing of the application must be in accordance to the prescribed format which
is mentioned in schedule two of the act.
Section 6 of the act states that the original and true copy of the notice shall be
filed in the ‘Marriage Notice Book.’ Once the application has been filed with the
Marriage Officer, he/she will issue a thirty-day public notice to check for any
objections to the marriage. The objections generally dealt with include non-
compliance to any conditions or requirements as per the act.
Section 8 of the act states that after the publication of the notice, any person can
raise an objection to the proposed marriage. On receiving any objection the
Marriage officer must make necessary enquiry with respect to the objection and
deal with it appropriately. His powers are similar to that of a civil court. In case of
dissatisfaction with the findings and verdict of the Marriage Officer , an appeal
can be filed before the District Court against the order within 3o days. On
receiving any objection, the marriage officers are granted the power to summon
and enforce the attendance of the witness’, examine the witness on the record
and on oath, demand any document of proof to be produced, demand for any
evidence on affidavits, issue commissions for the scrutiny of the witness. In case
the Marriage Officer is convinced that the objection made to the marriage is
unreasonable and not in good faith , he/she can levy a fine of up to One
Thousand Rupees . If in case there are no objections , the marriage shall be
solemnized after a thirty day period of issuance of the notice.
Section 11 of the act states that the declaration of the marriage shall be signed by
the parties to the marriage and three witnesses and the same should be verified
and signed by the Marriage Officer.
Section 12 of the act states that the marriage may be solemnized at the office of
the Marriage Officer or within the reasonable distance from the office. In case the
marriage takes place outside of the office of the Marriage Officer, there should be
payment of additional fees with respect to the same.
The solemnization is done by proclaiming their relationship in any language

comprehendible by the parties . “I (a) take thee (b) to be my lawful wife( or
husband ) “. It must be said in presence of the Marriage officer and three other
witnesses
Section 13 of the act deals with certification of the marriage. On solemnization of

the marriage, the marriage officer enters the marriage in the ‘Marriage Certificate
book’ and issues a Marriage Certificate.
Implications :-
There are certain implications that may have to be faced by a member who
marries under this act and is part of an undivided family system. Any member that
professes the religion of Hinduism, Buddhism, Sikhism, or Jainism will be forced to
not be part of their family and will be forced to separate. Separate means not
residentially but from the family hierarchy and will not be entitled to property or
endowment from their ancestors.
12. “ Pious obligation is not really pious “. Comment.
Answer :-
Pious Obligation is not really pious :-
Pious means ‘ godly, religious, devout, and reverential. ‘ Pious obligation ‘ means
duty of a Hindu due to deep devotion to religion. Hindu law states that ‘ He who
having received a sum lent or the like does not repay it to the owner will be born
hereafter in his creditors house a slave, a servant or a woman or a quadruped ‘.
As per Hindu scriptures, it is holy duty of a son to pay off or discharge his father’s
debts. The religious obligation is attached to the son as well as grandson and to
the great grandson also, on the ground that all the three are coparceners with
others by their birth.
It is said that non-payment of debts is a sin and also a crime. Any person, who
died leaving the debts behind cannot go to heaven. The ‘ putra ‘ i.e. the son, son’s
son and son’s son’s son by repaying/clearing off such debts, discharges his parted
father/ancestor from the indebtedness and enables/facilitates him to reach the
heaven. This duty or obligation of a son to repay the debts of the deceased father
( parted ancestor ) is rested upon a special doctrine, known as “ The Doctrine of
Pious Obligation “ – However, this obligation extends to non-avyavaharika ( or
vyavaharika ) debts only. Avyavaharika debt is one, which is taken for illegal or
immoral purpose.
E.g. :- Gambling, Races, etc.
Relevnat Case :-
In Venkatesh Dhonddev Deshpande Vs. Son, Kusum dattatraya Kulkarini ( AIR

1978 SC 1791 ), the court observed that where the father as karta contracted the
debts for family purposes, the sons, as members of the family, are bound to pay
the debts to the extent of their interests in the coparcenary property.
Under Old Law, the obligation to discharge the debts arises after the death of the
father. But, according to the modern doctrine/law, the Obligation arises even
during the life time of the father ( Brij vs. Mangal Prasad, 46, all. 951 ( PC ) ).
Further, under the old law, the son had an obligation to pay the debts with
interest. The grandson was liable for the principal amount only ( i.e., without
interest ). The great grandson was not liable, unless he had received the property
from the ancestor. But according to the modern doctrine/law all i.e., son, son’s
son and son’s son’s son are liable to pay the debts with interest.
When the father being the karta/Manager of a Hindu joint family contracts a loan
for legal necessary, the loan is binding on all the members of the joint family. If he
incurs debts, for his personal purpose, he is personally liable. To clear off such
debts, he may have to alienate his personal property or his son’s property. If son’s
property is alienated, his son should not question him.
13. Explain the divorce conditions for grant of matrimonial remedies under
Hindu Marriage Act.
Answer :-
Matrimonial Remedies Under The Hindu Marriage Act, 1955 :-
INTRODUCTION :-
In India, marriage is a sacrament. The aim of the Hindu Marriage Act, 1955 is to
keep the families united but at times it is quite possible then one of the parties to
the marriage does any act, omission or conduct which aggrieves the other party
to the extent that they no longer want to reside with them. In this situation, the
aggrieved party can file either for Judicial Separation or Divorce.
1. JUDICIAL SEPARATION :-
Section 10 of the Hindu Marriage Act, 1955 states that either of the parties whose
marriage was solemnized either before or after this act came into existence, can
file for Judicial separation. Judicial Separation, unlike divorce, is a suspension of
marriage between the parties. Once the decree is passed, the Petitioner and the
Respondent are not bound to reside together and can reconsider their marriage.
Both the spouses are not allowed to remarry after obtaining the decree for
Judicial Separation.
2. DIVORCE :-
In India, divorce is still considered evil. It is a taboo. Section 13(1) of the Hindu
Marriage Act,1955, presents some grounds on which one of the parties can file
for a divorce. The grounds are as follows:
1. ADULTERY :- When one of the parties indulges in voluntary sexual intercourse

with another person who is not the spouse, it is known as adultery.
Tripat v. Bimla – The court, in this case, stated that if a married woman absents
herself from her husband for 4-6 days in a room and is seen with a total stranger
and she has no reasonable justification then it will be assumed that she has had
with him sexual intercourse and hence, the husband can file for divorce under the
ground of adultery.
2. CRUELTY :- If after the solemnization of marriage, one has done cruelty with
the other, the spouse can file for divorce. The term ‘cruelty’ is a very broad term
and a proper definition for the same cannot be adopted. Cruelty can be both
mental as well as physical. Some cases laws for the same are as follows:
Russell v. Russell – The court, in this case, stated that any conduct which causes
danger to life, limb or health of the person whether physical or mental is cruel.
Within the ambit of Cruelty, it also includes those conduct which gives rise to fear
to the other party that the above-stated danger might happen in the future.
Jayachandra v. Aneel Kaur –The court stated that the conduct done by the other
party should be grave and weighty to conclude that the Petitioner cannot
reasonably be expected to live with the Respondent.
Suman Kumar v. Sudhir Kapoor – The court pronounced that Mens Rea is not an
important element in cruelty. It is insignificant whether a party to the marriage
had the intention to be cruel towards the other party or not.
Bhagat v. Bhagat– The court defined mental cruelty as a conduct which inflicts
mental pain and causes suffering to a person and the act being so cruel that the
Petitioner cannot be bound to live with the R The court in various cases
prescribed that filing the false case, refusal to indulge in sexual intercourse for a
long period, the demand of dowry, torture to their child, refusal to have children
when the other party wants to have etc. can also amount to mental cruelty. Each
case of cruelty is to be decided individually depending on the facts and
circumstances of the case. There can be no watertight definition for this.
3. DESERTION : – The spouse can file for divorce on the ground of desertion when
the Respondent has deserted the Petitioner for a continuous period of not less
than two years immediately before the Petitioner has filed the petition.
The desertion is of two types which are as follows:-

➢ Actual Desertion.
➢ Constructive Desertion.
For Actual Desertion, the intention to leave the matrimonial home and action for
the same must have taken place. If a person has the intention to desert the other
spouse but no action for the same has been taken then it will not amount to
desertion and if the person has left the matrimonial home for some reason and
not to desert the partner then it will also not be desertion.
Ramesh v. Premlata– A spouse used to go to bed every day thinking that he

would abandon the matrimonial home the next day but he never did it. As out of
the two, only one element was present hence, it cannot amount to In
Constructive Desertion, it is not essential that the partner has to live in the house.
Instead, withdrawal from matrimonial obligations is necessary. The court in the
case of Bowron v. Bowron pronounced that the party who intends to bring
cohabitation to an end and whose conduct has caused the termination of the
marriage will be liable. Desertion also includes willful neglect of one party by the
other party. It will only be desertion if the party has left without a reasonable
cause, against the will of the other party and the period of 2 years has been
completed before the filing of the petition in the Court.
4. CONVERSION :- A partner can file for divorce if the spouse has ceased to be
Hindu and converted into another religion. In this, both the conditions must be
fulfilled. A person who is a Hindu but does not follow his religion or insults its
practices or Gods will still be Hindu. He will not cease to be a Hindu only because
he does not believe in it. Any person who has started following Sikh, Buddhist or
Jain religion will also not cease to be a Hindu because under this Act they are
considered a Hindu only. For a person to not be a Hindu, he has to convert into a
Muslim, Christian, Parsi or Jew. A person can only convert if he performs the
necessary rituals and ceremonies of the religion he wants to get converted into.
5. INSANITY : – It includes a person suffering from an unsound mind which is

incurable. A person suffering from continuous mental disorder of such kind or
such extent with which the Respondent cannot be reasonably asked to reside
with. In the case of Ram Narayan v. Rameshwari, The court prescribed that the
Petitioner should not only prove that the other party is suffering from any mental
disorder rather it also needs to establish that the condition of the Respondent is
such that the Petitioner cannot be reasonably asked to live with him.
6. The spouse is suffering from any communicable venereal disease that means
that form of the sexual disease which is communicable.
7. When one of the spouses has renounced the world and joined any religious
order.
The Hindu religion divided life into 4 parts as per which the last 25 years should
be led as Sanyasi. The person in this not only has to give up his worldly life and
longing but also the identity that he had in the Grihastha phase of life. It is
considered very noble but yet it is considered as a ground for divorce. It is a
ground for divorce because it is considered as an extreme form of desertion by
one party of the marriage. For this ground to be applied, it is very necessary that
the other party has fulfilled both the requirements that he has renounced the
world and as well as joined the religious order. The court in the case of Sital Das
v. Sant Ram connoted that a person enters into a religious order only when he
has performed the required ceremonies needed to enter.
8. When one spouse does not know about the whereabouts of the other spouse
for 7 years and that he is alive for 7 years. The spouse has not even heard that he
is alive from those people who would have naturally heard of it.
Both the parties to the marriage will get a divorce if they file a petition for the
dissolution of marriage on the ground that there has been no resumption of the
cohabitation of the marriage or reinstitution of the conjugal rights for a year or
upwards after the decree for the judicial separation or restitution of conjugal
rights was passed by the court in which both of them were the parties.
GROUNDS AVAILABLE FOR DIVORCE FOR WIFE :- There are certain grounds
based on which only a wife can file for divorce which are mentioned below :-
A. BIGAMY :- The wife can file for a divorce if the husband had committed
Bigamy. It is not essential whether the same has been committed before the
commencement of the Act or after the commencement of the Act. The vital
aspect is that the other wife was present at the time of the filing of the petition.
The court in the case of Lalithamma v. Kanna stated that even if the wife knew of
the second marriage will not stop her from filing the petition.
B. After the marriage has been solemnized the husband has been guilty of rape,
sodomy and bestiality.
C. That in a suit under section 18 of the Hindu Adoptions and Maintenance Act,
1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal
Procedure, 1973 (2 of 1974) [or under the corresponding section 488 of the Code
of Criminal Procedure, 1898 (5 of 1898)], a decree or order, as the case may be,
has been passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the passing of such
decree or order, cohabitation between the parties has not been resumed for one
year or upwards;
D. That her marriage (whether consummated or not) was solemnized before she
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
3. RESTITUTION OF CONJUGAL RIGHTS : –
Many times, one of the parties may withdraw from the society of another. In this,
the aggrieved party can take recourse of Section 9. Section 9 contemplates that
when either the husband or the wife withdraws from the society of the other
party without any reasonable justification then the other can file a petition in the
District Court for restitution of conjugal rights. If the court is satisfied that the
statements mentioned in the petition are true and it believes that there is no
legal ground as to why the decree of restitution of conjugal rights should be
passed then it will pass the same.
The party who has withdrawn has to prove that it has withdrawn due to some
reasonable cause. This remedy was initially available in Jewish laws. It was then
adopted and made part of the English law and we adopted it from English laws.
The word society is used about cohabitation. The word cohabitation has been
taken into views in different ways. In the case of Tirath Kaur v. Kirpal Singh, The
court stated cohabitation when both husband and wife live together as in when
wife lives under the roof and protection of the husband. This understanding was
adopted in many other cases as well. But, this possessed an issue because as per
this then none of the parties will be able to live separately even if they are
required to do so because of job or any other work. Thus, later on, in the case
of Venugopal v. Lakshmi, the court mentioned that withdrawal from society

refers to not fulfilling the matrimonial duties which include refusal to stay
together, refusal to have marital intercourse, refusal to give company and
comfort.
Apart from a valid marriage, a marriage can also be a void marriage or voidable
marriage. Section 11 states that if a marriage contravenes any of the conditions
mentioned in clause (1), (4) and (5) of Section 5 of the Act then on the petition of
either of parties the marriage will be declared null and void.
Clause 1, 4 and 5 prohibits Bigamy, prohibited and Sapindas relationship.

Prohibited and Sapindas relationship will not be considered void only if it is
allowed in the custom or usage of the parties getting married.
For a person to get convicted of Bigamy the second marriage must be performed
with all the required ceremonies. If the required ceremonies are not performed
then no matter what the intention of the parties was, no marriage between them
will be considered.
Section 12 of the Hindu Marriage Act, 1955 lays down the grounds of a voidable
marriage. They are Section 12(1) (a) of Hindi Marriage Act, 1955 talks about
impotence. Impotency means lack of ability to perform the sexual act.
In Smt. Suvarna v G.M. Acharya The fact that the husband could not accomplish
sexual intercourse with his wife and even till the date of filing of the petition, the
virginity of the wife remained intact, the court held that the wife would be
entitled to get a decree of nullity. In the case of Rajinder Kapoor v Manmohan
Singh, it was observed that refusal by the wife to have sexual intercourse when
marriage was against her will and when no medical evidence shows that she is
either psychologically or physically incapable of having intercourse then it cannot
be held that she is impotent.
Section 12(1) (b) of the Act talks about unsoundness of mind. It says that at the
parties to the marriage should not suffer from unsoundness at the time of
marriage.
Section 12 (1) (c) refers to consent obtained by fraud or force. Absence of consent
makes the marriage voidable. In case either party stays with another party (even
though the consent was obtained by fraud of force) for one year or more than no
petition for annulling marriage should be made.
In Balbir Kaur v Aghar Singh It observed that at the time of marriage the
deformity of the wife was concealed from the husband and his family. This
concealment amounted to fraud in so far as husband’s consent was concerned
and he was entitled to a decree of nullity of marriage.
In Som Dutt v Raj Kumari it was held that the marriage was liable to be annulled
due to gross matrimonial fraud against the husband by his wife in concealing her
true age from him and thereby inducing him to marry a woman much older than
his age.
Section 12(1) (d) deals with the pregnancy of the bride. The marriage may be
annulled by a decree of nullity if the respondent at the time of the marriage is
pregnant by some person other than the petitioner.
The petition for annulment shall not be entertained in the court in a situation
where the respondent was at the time of the marriage pregnant by some other
person other than the petitioner unless the court is satisfied –
➢ The petitioner was ignorant at the time of marriage.

➢ The marital intercourse has not taken place since the discovery by the
petitioner of the existence of the said ground.
In Mahendra Nanavati v Sushila Nanavati It was held that the groom had to
establish such facts and circumstances as would lead the court either to believe
that the respondent was pregnant by someone else at the time of marriage or to
hold that the prudent man under the circumstances and on the facts of the cases,
would be completely satisfied that it was so. The above mentioned are the
matrimonial relief provided under the Hindu Marriage Act, 1955.
14. Discuss the provisions relating to maintenance of Hindu wife, children and
parents.
Answer :-
LAW FOR MAINTENANCE OF PARENTS, WIFE, AND CHILDREN :-

Sections 125 to 128 of the Criminal Procedure Code make provisions for
the maintenance of wife, children, and parents. It is a natural and fundamental
duty of every person to maintain his parents, wife, and children so long as they
are not able to maintain themselves.
• Law for Maintenance of Parents, Wife, and Children.

• Order of Maintenance.
• When Wife is Not Entitled to Maintenance.
• Important Cases Related to Maintenance of Parents, Wife, and Children.
Law for Maintenance of Parents, Wife, and Children :-
According to section 125 of CrPC, a person having sufficient means is bound to

maintain :-
1. His Wife (unable to maintain herself).
2. His legitimate or illegitimate minor child, whether married or not (unable to

maintain himself/herself).
3. His legitimate or illegitimate child (not a married daughter) who has attained
majority, if the child is physically or mentally abnormal or having any injury by
which he/she is unable to maintain himself/herself.
4. His father or mother (unable to maintain himself/herself)
Note :-
➢ The Muta Wife (wife for sexual pleasure) is also entitled to maintenance.
➢ Minor includes below 18 years of age.
➢ Wife includes a divorced wife.
Order of Maintenance :-
The magistrate of 1st class is empowered to make any order of maintenance for
those persons who are mentioned above.
According to clause 2 of section 125 of CrPC, the maintenance or interim

maintenance shall be payable from the date of the order or if it is mentioned from
the date of application.
According to clause 3 of section 125 of CrPC, if any person who is ordered to

maintain fails without sufficient reason, the magistrate may issue a warrant for
levying the amount due. If the amount is unpaid after the execution of the
warrant, there is a provision of imprisonment for a term extending to 1 month or
until payment, if sooner made.
Wife is Not Entitled to Maintenance :-
Clause 4 of section 125 of CrPC provides that the wife is not entitled to the
maintenance or interim maintenance if:-
1. She is living in adultery.

2. Without sufficient reason, she refuses to live with her husband.
3. Husband and wife are living separately by mutual consent.
Under this section, the claimant person is entitled to interim maintenance and
expenses of proceedings.
Nanak Chand vs Chandra Kishore, 1970
In this case, the Hon’ble Supreme Court held that provisions of this chapter apply
whatever may be the personal law by which the parties are governed.
Mohd. Ahmad Khan vs Shah Bano Begum, 1985
In this case, the Hon’ble Supreme Court held that section 125 of CrPC is secular in
nature, which means it applies to all irrespective of their religion.
After this revolutionary judgement of the Supreme Court, which was truly
intended to protect the interest of Muslim women; the Muslim community
opposed this judgement.
Therefore the Parliament passed the Muslim Women’s (Protection of Rights on

Divorce) Act, 1986. It provided remedies to Muslim women. This new Act allows a
Muslim woman to avail the remedy available under section 125 of CrPC only if the
husband consents to it. (more about it in simpler words in Section 5 of the

Muslim Women’s (Protection of Rights on Divorce) Act, 1986.)
Daniel Latifi vs Union of India, 2001
In this case, the court held that the wife can claim maintenance under section 125
of CrPC even without the consent of the husband.
Kongine Bala vs Vishalashy Sadasivan, 1986
In this case, Kerala HC also cleared that divorced wife includes divorced by mutual
consent, which means a wife who is divorced by mutual consent is entitled to get
maintenance under section 125 of CrPC.
15. What is Talaq ? Describe various kinds of Talaq. When does Talaq become
irrevocable ?.
Answer :-
Talaq :-
Marriage under Muslim law is unlike Hindu marriages. Marriage under Muslim
Law are in the nature of a contract and are governed personal law. Parties to such
marriage can at anytime step away from the matrimonial obligations by
pronouncing a talaq as per their personal law. Under the Muslim law the wives
cannot divorce their husband on her own accord, she can only give a divorce only
if her husband has delegated her right to do or that under an agreement.
However the legislature has extended statutory rights to Muslim women to give
divorce to their husbands under the Dissolution of Muslim Marriages Act 1939.
Kinds of Talaq :-
1. Talaq-ul-Sunnat or revocable Talaq, and.
2. Talaq-ul-Bidaat or irrevocable Talaq.
The Talaq-ul-Sunnat or revocable Talaq may be pronounced either in the Ahsan

form or in the Hasan form. That is to say, Talaq-ul-Sunnat may be further sub-
divided into :- (i) Talaq Ahsan (most proper) and; (ii) Talaq Hasan (Proper). Talaq-
ul-Bidaat is irrevocable and becomes effective as soon as it is pronounced in any
way, indicating husband’s desire to dissolve the marriage. In brief, the
classification of the different kinds of talaq is given below :-
I. Talaq-ul-Sunnat (Revocable Talaq) :-

Talaq-ul-Sunnat is regarded to be the approved form of Talaq. It is called as Talaq-
ul-Sunnat because it is based on the Prophet’s tradition (Sunna). As a matter of
fact, the Prophet always considered Talaq as an evil. If at all this evil was to take
place, the best formula was one in which there was possibility of revoking the
effects of this evil. With this idea in mind, the Prophet recommended only
revocable Talaq, because in this form, the evil consequences of Talaq do not
become final at once. There is possibility of compromise and reconciliation
between husband and wife.
Talaq-ul-Sunnat is also called as Talaq-ul-raje. Only this kind of Talaq was in

practice during the life of the Prophet. This mode of Talaq is recognised both by
Sunnis as well as by the Shias. Talaq-ul-Sunnat may be pronounced either in
Ahsan or in the Hasan form.
(i) Talaq Ahsan (Most Proper) :-

This is the most proper form of repudiation of marriage. The reason is twofold:
First, there is possibility of revoking the pronouncement before expiry of the Iddat
period. Secondly, the evil words of Talaq are to be uttered only once. Being an
evil, it is preferred that these words are not repeated.
In the Ahsan Talaq there is a single declaration during the period of purity
followed by no revocation by husband for three successive period of purity. In this
form, the following formalities are required :-
(a) The husband has to make a single pronouncement of Talaq during the Tuhr of
the wife. Tuhr is the period of wife’s parity i.e. a period between two
menstruations. As such, the period of Tuhr is the period during which
cohabitation is possible. But if a woman is not subjected to menstruation, either
because of old age or due to pregnancy, a Talaq against her may be pronounced
any time.
(b) After this single pronouncement, the wife is to observe an Iddat of three
monthly courses. If she is pregnant at the time of pronouncement the Iddat is, till
the delivery of the child. During the period of Iddat there should be no revocation
of Talaq by the husband.
Revocation may be express or implied. Cohabitation with the wife is an implied

revocation of Talaq. If the cohabitation takes place even once during this period,
the Talaq is revoked and it is presumed that the husband has reconciled with the
wife.
When the period of Iddat expires and the husband does not revoke the Talaq
either expressly or through consummation, the Talaq becomes Irrevocable and
final.
It may be noted that the characteristic feature of the Ahsan form of Talaq is a
single pronouncement followed by no revocation during the period of three
month’s Iddat. Therefore, where a husband makes any declaration in anger, but
realising his mistake afterwards, wants to cancel it, there is sufficient time for him
to do so. Single pronouncement of the civil words of Talaq and sufficient
opportunity to the spouses for reconciliation, are the two reasons for calling this
form as the ‘most proper’ form of Talaq.
(ii) Talaq Hasan (Proper) :-

This Talaq is also regarded to be the proper and approved form of Talaq. In this
form too, there is a provision for revocation. But it is not the best mode because
evil words of Talaq are to be pronounced three times in the successive Tuhrs. The
formalities required under this form are as under:
(a) The husband has to make a single declaration of Talaq in a period of ‘Tuhr.
(b) In the next Tuhr, there is another single pronouncement for the second time.
It is significant to note that the first and second pronouncements may be revoked
by the husband. If he does so, either expressly or by resuming conjugal relations,
the words of Talaq become ineffective as if no Talaq was made at all.
(c) But, if no revocation is made after the first or second declaration then lastly
the husband is to make the third pronouncement in the third period of purity
(Tuhr). As soon as this third declaration is made, the Talaq becomes irrevocable
and the marriage dissolves and the wife has to observe the required Iddat.
It may be noted that the important feature of Talaq Hasan is its revocability
before the third pronouncement and its irrevocability after the third. In order to
make an effective Talaq, the words must be uttered three times in three
consecutive period of purity.
In Ghulam Mohyuddin v. Khizer, a husband wrote a Talaqnama in which he said

that he had pronounced his first Talaq on 15th September and the third Talaq
would be completed on 15th November. He had communicated this to his wife on
15th September.
The Lahore High Court held that this was a Talaq Hasan. The Court observed that
the Talaqnama was merely a record of the first pronouncement and the Talaq was
revocable. The Court further observed that for an effective and final Talaq, the
three pronouncements must actually be made in three Tuhrs-, only a mention of
the third declaration is not sufficient.
II. Talaq-ul-Bidaat (Irrevocable) :-

This Talaq is also known as Talaq-ul-Bain. It is a disapproved mode of divorce. A
peculiar feature of this Talaq is that it becomes effective as soon as the words are
pronounced and there is no possibility of reconciliation between the parties. The
Prophet never approved a Talaq in which there was no opportunity for
reconciliation.
Therefore, the irrevocable Talaq was not in practice during his life. The Talaq-ul-
Bid’at has its origin in the second century of the Islamic-era. According to Ameer
Ali, this mode of Talaq was introduced by the Omayad Kings because they found
the checks in the Prophet’s formula of Talaq inconvenient to them.18 Since then
this mode of Talaq has been in practice among the Sunni Muslims.
Shia Law :-
Under the Shia Law, an irrevocable Talaq is not recognised.
We have already seen that in a Bidat form there is no opportunity for the
revocation of Talaq. A Bid’at Talaq becomes final as soon as the words have been
uttered and the marriage is completely dissolved. A Sunni husband, who wants to
divorce his wife irrevocably, may do so in any of the following manners:
(a) The husband may make three pronouncements in a period of purity (Tuhr)
saying: “I divorce thee, I divorce thee, and I divorce thee”. He may declare his
triple Talaq even in one sentence saying: “I divorce thee thrice”, or “I pronounce
my first, second and third Talaq.”
(b) The husband may make only one declaration in a period of purity expressing
his intention to divorce the wife irrevocably saying: “I divorce thee irrevocably” or
“I divorce thee in Bain”.
16. “ Hindu Marriage is neither a sacrament nor a contract “ – Elucidate.
Answer :-
Marriage is the ‘ nucleus ‘ of the family. It confers social status and regulates
social life as well. Therefore, the very foundation of the family and society is the
marriage. In view of its great significance, Hindu Marriage is considered to be a
sacrament or sacrosanct. As there are certain legislations making provision for
dissolution of marriage ( Sections 13 and 13-B of the Hindu Marriage Act, 1955 ),
it may also be regarded as a contract. Therefore, it can be said that ‘ Hindu
Marriage is both a sacrament and civil contract ‘, for the following reasons.
A marriage to be sacramental shall comprise of the following

features/constituents namely.
➢ It is a permanent or indissoluble union.

➢ It is an eternal union and.
➢ It is a holy union.
The first feature i.e., permanent and indissoluble, union has been defeated since a
provision is made under Section 13 and 13-B of the Hindu Marriage Act for
dissolution of the marriage by divorce.
The second feature i.e., it is an eternal union, has been destroyed in 1856 by
making for widow marriages by passing Hindu Widows Remarriage Act, 1856.
The third element i.e., it is a holy union is still retained since the competence
religious rites and ceremonies are necessary for validity of the marriage ( Sec.7,
Hindu Marriage Act ).
The statement, that ‘ Hindu Marriage is both sacrament and Civil Contract can be
justified with reference to the following heads.
i. Hindu Marriage is a Sacrament and Sacrosanct.

A. Ancient Texts.
B. Modern Law.
ii. Hindu Marriage is a Civil Contract.
i. Hindu Marriage is a Sacrament :- Hindu Marriage is a sacrament and

sacrosanct in the affirmative with reference to its position in ( A ) Ancient
Texts and ( B ) Modern Law.
A. Ancient Texts :- A Hindu Marriage is a sacrament and hence, for a
Hindu, it is a samskara ( religious rite or sacrament ). Shabar Swamy
defined the term ‘ Samskara ‘ as “ an act by which a thing becomes fit
for a certain purpose viz. dharma sampatti, praja sampatti,
performance of sacrifice, rathi sukham ( sexual pleasure, which
without lawfully wedded wife is considered to be a sin ). According to
Shastras, marriage is a holy sacrament and gift of a girl ( Kanyadaan )
to a suitable person is a sacred duty on the father, who derives
spiritual benefit after the performance of the Kanyadan. According to
Vedas, marriage is a sacred institution, which regulates social life.
Hindus regard marriage as a sacramental or sacrosanct union for the
following reasons.
a) According to the Sathpatha Brahmana, wife is half of the
husband i.e., ardhangini. Man is only half prior to marriage and
becomes fullfledged person on marriage.
b) Manu said that once man and woman are united in marriage,
there should be no differences between them and must
remain faithful to each other.
c) Wife being a man’s half, is the source of Dharma, Artha, Kama
and Moksha.
d) Marriage confers social status on man. Shastras do not allow a
man without wife to honour guests, which is an act of Dharma.
Similarly, there must be a son to protect father from hell and
also to perform obsequies of ancestors.
e) Wife plays a significant role in social, cultural and economic life
of a man. Hindu philosophy describes wife as 1) Karyeshu
Mantri 2) Karaneshu Daasi 3) Bhojyeshu Maatha; and 4)
Sayaneshu Rambha. Further, it is said that woman ( wife ) is
instrumental for the growth and destruction of a man’s career.
In Gopala Krishna vs. Mithilesh Kumar [ AIR 1979 All. 316 ] the Allahabad High
Court laid down that, the institution of matrimony under the Hindu Law is a
sacrament not a mere socio legal contract.
B. Modern Law :- Hindu marriage is a holy union, since religious rites

and ceremonies ( Kanyadan and Saptapadi ) are strictly complied
with, in solemnization of a marriage ( Section 7 Hindu Marriage Act ).
Non-observance/performance of the ceremonies ( Kanyadan and
Saptapadi ) renders the marriage void/invalid ( Eg. Deivain Achi vs.
Chidambra Chettiar, AIR 1954 Mad. 357 ).
Similarly, Section 9 of the Hindu Marriage Act, 1955 strengthens
matrimonial tie by making provision for restitution of the conjugal
rights. In many cases, the courts decided in favour of the
preservation of marriage by uniting the couple even by directing the
married woman to quit employment for matrimonial society ( Tirad
Kaur vs. Kirpal Singh, AIR 1964 Puj. 28 and Saroj Rani vs. Sudarshan
Kumar, AIR 1984 SC 1562 ).
Marriage may be regarded as a sacrament and sacrosanct.
ii. Hindu Marriage is a Civil Contract :- Hindu Marriage cannot be regarded as

a sacrament or sacrosanct at all times in respect of all cases. According to
the modern writers of Hindu Law, Hindu marriage is not only a sacrament
but also a contract. Mayne says, “ while marriage according to Hindu law is
a sacrament, it is also a civil contract, which takes the form of gift “. There
are certain legislations in modern law, which render marriage a civil
contract by making provisions for dissolution of marriage as follows.
Marriage to be sacrament, it should be indissoluble union. Sections 13 and
13-B of the Hindu Marriage Act, 1955 made provisions for dissolution of the
marriage.
Similarly, the provisions for maintenance of wife under Section 18 of the
Adoptions and maintenance Act, Sections 24&25 of the Hindu Marriage Act
and Section 125 of the Code of Criminal Procedure accelerate the
inclination of a married woman to break the matrimonial tie.
Relevant Case Law :-
In Bhagwati Saran Singh vs. Parmeshwari Manohar Singh [ 1942 ILR All 518 ], the
Court after quotiong extensively from Macnaghton’s Hindu Law, Strange’s hindu
Law and Vyavahara Chandrika, expressed the view that a Hindu Marriage is not
only a sacrament but also is a contract.
In Mathusami vs. Masilamani [ 33 Mad. 342 ], the Court has observed, “ A

marriage whatever else it is i.e., a sacrament or an institution, is undoubtedly a
contract entered into for consideration with correlative rights and duties “.
In Anjana Dasi vs. Ghose [ 6 Bengal Law Reporter, p.243 ], the Calcutta High Court
has observed that “ Suits relating to marriage deal with that which in the eye of
law must be treated as a civil contract and important civil rights, arise out of that
contract “.
Finally, the marriage to be a sacrament, it must be an eternal union. This was

liberalised in 1856 by passing of the Hindu Widows Remarriages Act, 1856.
Conclusion :- It may be conducted that the Hindu Marriage is both a sacrament

and civil contract.
17. Discuss the need of “ Uniform civil Code “ ?.
Answer :-
The need for Uniform Civil Code :-

After understanding the concept and background of UCC we will look at its need
in India for the present scenario.
• To address the gender disparity produced by specific religious laws

India has a history of severely patriarchal and misogynistic traditions perpetuated
by society and ancient religious norms that continue to dominate family life.
These subject all Indian women to subjugation and cruelty. One such example is
that men are typically accorded superior special status in succession and
inheritance affairs. Additionally, the UCC will eliminate these disparities and
contribute to the improvement of women’s conditions in India.
• To address personal laws that constitute a loophole in the legal system

India faces a serious problem with personal laws due to their bias toward the
upper-class patriarchal conceptions of society in all religions. As may be seen,
panchayats continue to issue verdicts that violate our constitution, and no action
is taken. Human rights are abused throughout our country through honour killings
and female foeticide. By legalising personal laws, we’ve established a parallel
court system based on thousands of ancient values. By eliminating all loopholes,
the universal civil code would tip the balance in favour of society.
• To aid in the integration of India

A uniform civil code will contribute more to India’s integration than at any point
since independence. Much of the resentment stems from some religious sects
receiving preferential status under the law, which may be eliminated with a
consistent civil code. It will contribute to the unification of all Indians, regardless
of caste, religion, or tribe, under a single national civil code of conduct similar to
that found in criminal and other civil laws.
• To ensure that all citizens have an equal status

While Muslims are permitted to marry many times in India, a Hindu or a Christian
will face prosecution for doing the same. Similarly, there are significant disparities
between many religious-related regulations. Equal laws in the areas of marriage,
inheritance, family, and land are required. Here UCC serves as a saviour, bringing
everything under one roof and assisting not only in ensuring greater equity but
also in streamlining the legislative and judicial processes.
• To deal with vote bank politics

The concept of a uniform civil code will also aid in reducing vote bank politics,
which is practised by most political parties during every election. If all religions
are subject to the same laws, there will be no room for politicising issues of
discrimination, concessions, or special privileges enjoyed by a particular
community on the basis of their religious personal laws.
• To promote secularism
As we all know, secularism is a critical aspect of our nation, as reflected in our
constitution’s preamble. At the moment, we practise selective secularism, which
means that we are secular in some areas but not in others. A Uniform Civil Code
requires all citizens of India to adhere to the same set of laws, regardless of
whether they follow Hinduism, Islam, Christianity or Sikhism. A Uniform Civil Code
does not mean that people’s freedom of religion will be restricted; it simply
means that everyone will be treated equally. That is authentic secularism.
Additionally, as previously stated, in modern classification laws and religion are
two distinct concepts, and thus entwining them will result in social disruption and
inequality.
• To meet the aspirations of the youth

With 55 percent of the population under the age of 25, India is emerging as an
entirely different society. These individuals will be future India, and moulding
them in an environment that is equal for everyone is essential for India. They are
shaped by universal and global principles of equality, humanism, and modernism
in their social attitudes and goals. Their concept of the surrender of identity-
based on religion must be taken seriously if they are to fully contribute to national
progress. Having a Uniform Civil Code allows children to understand the rules and
respect the principle of equality in a better manner.
• To keep pace with global progress

A Uniform Civil Code has become the hallmark of a modern progressive nation’s
legal structure. It demonstrates the nation’s transition away from caste and
religious politics. While our economic growth has been the fastest in the world,
our social development has been non-existent. Indeed, it is possible to argue that
we have degraded socially and culturally to the point where we are neither
modern nor traditional. A unified civil code will aid in the advancement of society
and help India achieve its goal of becoming a developed nation.
Indian Judiciary’s take on the need for Uniform Civil Code

Over time, there have been numerous judgements ruled by the Supreme court of
India where it directly or indirectly recommends Uniform Civil Code
• Shah Bano case-

The Supreme Court’s decision in this case is regarded as a major milestone in
highlighting the importance of UCC. The case concerned women seeking
maintenance after being divorced under triple talaq. The women won in all lower
courts, so the husband filed an appeal to the Supreme Court, which was dismissed
because the Supreme Court ruled in favour of the wife as per the All India
Criminal Code’s “maintenance of wives, children, and parents” provision (Section
125). In addition, the court recommended that a uniform civil code be
established.
However, widespread agitation was carried out due to religious sentiments

attached to the law, and as an outcome, the then-government, under pressure,
passed the Muslim Women’s (Right to Protection on Divorce) Act (MWA) in
1986, rendering Section 125 of the Criminal Procedure Code inapplicable to
Muslim women. As a result, the court was correct in emphasising the importance
of UCC for having a common basis for jurisdiction.
• Sarla Mudgal Case-

In this case, relating to the issue for solemnizing of a second marriage by a Hindu
spouse after converting to Islam. The court determined that a Hindu marriage
solemnised in accordance with Hindu law may be dissolved only on one of the
reasons listed in the Hindu Marriage Act 1955. Conversion to Islam and
subsequent marriage would not automatically dissolve the Hindu marriage under
the act, and therefore, a second marriage solemnised after conversion to Islam
would constitute an offence under Section 494 of the Indian Penal Code
(IPC). This made a need of UCC as it creates an ambiguous policy of marriage due
to discrepancies between religious laws.
• John Vallamattom Case

The case in which Section 118 of the Indian Succession Act was declared
unconstitutional after John Vallamattom challenged it on the grounds that it
discriminated against Christians by imposing unreasonable restrictions on their
willed gifts for religious or charitable purposes. This demonstrated the
inconsistencies under religious laws.
• Daniel Latifi Case

This case demonstrates how universally applicable law should prevail over unjust
religious laws. In this case, Muslim Women’s Act (MWA) was challenged for
violation of Articles 14,15 & 21 of the Constitution. The primary point of
contention was the amount paid throughout the iddat period. The Supreme Court
upheld the act’s constitutionality but interpreted it in accordance with Section
125 of the CrPC, holding that the amount received by a wife during the iddat
period should be sufficient to support her during the iddat period as well as for
the remainder of her life or until she remarries.
Conclusion :-
India is “Socialist, Secular, Democratic, Republic”. Diversity is the essence of India,
but diversity in law is unjust. As the UCC would establish several laws to regulate
individual situations affecting all people regardless of faith, this is both necessary
and the cornerstone of genuine secularism. This dynamic shift would not only
assist in ending gender-based oppression but would also strengthen the nation’s
mainstream fabric and advance unity. There is a need to alter our social
framework, which is rife with inequalities, divisions, and other factors that conflict
with our Fundamental Rights.
With the passage of time, the necessity for a UCC for all citizens, regardless of
religion, has arisen, ensuring the protection of their critical and constitutional
rights. Finally, the lack of a standard civil code is damaging to the aim of achieving
true democracy, and this must change.
18. Write a critical note on functioning of Family Courts.
Answer :-
Introduction :-
Marriage as an institution has become the subject of great judicial scrutiny. There
are a number of judicial provisions dealing with marriage and its various aspects.
The need to establish the Family Courts was first emphasized by the late Smt.
Durgabi Deshmukh. After a tour of China in 1953, where she had occasion to
study the working of family courts, Smt. Deshmukh discussed the subject with
Justice Chagla and Justice Gajendragadkar and then made a proposal to set up
Family Courts in India to Prime Minister Pt. Jawahar Lal Nehru. The formation of
family court was a mile stone in the history of Indian judiciary. The Family Courts
Act 1984 established the creation of Family Courts through a Gazette notification
by the Central Government. These courts are to be established in a town or city
where the population exceeds one million or in any area where the State
Government considers to establish it. One or more judges constitute the Family
Courts but each judge is competent to exercise all the powers of the court.
The Family Courts Act also covers areas of the following Acts :-
i. Hindu Marriage Act, 1955.
ii. Special Marriage Act, 1954.
iii. Hindu Adoption and Maintenance Act, 1956.
iv. Parsi Marriage and Divorce Act, 1936.
v. Indian Divorce Act, 1869.
vi. Christian Marriage Act, 1972.
vii. Dissolution of Muslim Marriage Act, 1939.
viii. Hindu Minority and Guardianship Act, 1956.
ix. Criminal Procedure Code, 1973, Sec 125, 126, 127 and 128.
x. Guardians and Wards Act, 1890.
Objectives
The Preamble to the Family Courts Act, 1984 enacted by the Indian Parliament
states that it is
“An Act to provide for the establishment of Family Courts with a view to promote
conciliation in, and secure speedy settlement of disputes relating to marriage and
family affairs and for matters connected therewith.”
Functions
The Family Courts are free to evolve their own rules of procedure, and once a
Family Court does so, the rules so framed over ride the rules of procedure
contemplated under the Code of Civil Procedure. In fact, the Code of Civil
Procedure was amended in order to fulfil the purpose behind setting up of the
Family Courts. Special emphasis is put on settling the disputes by mediation and
conciliation. This ensures that the matter is solved by an agreement between
both the parties and reduces the chances of any further conflict. The aim is to give
priority to mutual agreement over the usual process of adjudication. In short, the
aim of these courts is to form a congenial atmosphere where family disputes are
resolved amicably. The cases are kept away from the trappings of a formal legal
system.
The Act stipulates that a party is not entitled to be represented by a lawyer

without the express permission of the Court. However, invariably the court grants
this permission and usually it is a lawyer which represents the parties. The most
unique aspect regarding the proceedings before the Family Court are that they
are first referred to conciliation and only when the conciliation proceedings fail to
resolve the issue successfully, the matter taken up for trial by the Court. The
Conciliators are professionals who are appointed by the Court. Once a final order
is passed, the aggrieved party has an option of filing an appeal before the High
Court. Such appeal is to be heard by a bench consisting of two judges.
Legal Jurisdiction of Family Law Courts
The legal jurisdiction of Family Courts extends to all matters that pertain to
matrimonial issues, maintenance, alimony and custody of children in a marital
dispute or a divorce. Further, Family Courts deal with the following:
➢ Suits or proceedings between parties to a marriage for a decree of
restitution of conjugal rights, judicial separation, nullity of marriage or
divorce.
➢ Maintenance related issues.
➢ For an order of injunction in certain circumstances arising in a matrimonial
relationship.
➢ For declaring legitimacy of any person.
➢ Suits or proceedings between parties regarding dispute about the property.
➢ Guardianship or custody of any minor or child.
Indian Family Courts Unique
➢ Family courts are empowered to formulate their own procedures but till
then they have to follow the Civil Procedure Code.
➢ Evidence need not be recorded.
➢ Judgment can be concise with statement of the case, points for
determining decision and reasons.
➢ Appeal to the High Court can be filed within thirty days from the date of
judgment, order or decree of the Family Court.
➢ If the party desires, in camera proceedings can be conducted.
➢ No party to a suit or proceeding under the Family Court shall be entitled to
be represented by a legal practitioner but the court may requisition the
services of a legal expert as amicus curiae.
Association of social welfare agencies

The State Government may, in consultation with the High Court, provide, by rules,
for the association, in such manner and for such purposes and subject to such
conditions as may be specified in the rules, with a Family Court of,-
(a) institutions or organisations engaged in social welfare or the representatives
thereof;
(b) persons professionally engaged in promoting the welfare of the family;
(c) persons working the field of social welfare; and
(d) any other person whose association with a Family Court would enable it to
exercise its jurisdiction more effectively in accordance with the purposes of
this Act.
Counsellors, officers and other employees of Family Courts
(1) The State Government shall, in consultation with the High Court, determine
the number and categories of counsellors, officers and other employees required
to assist a Family Court in the discharge of its functions and provide the Family
Court with such counsellors, officers and other employees as it may think fit.
(2) The terms and conditions of association of the counsellors and the terms and
conditions of service of the officers and other employees, referred to in sub-
section (1), shall be such as may be specified by rules made by the State
Government.
Conclusion :-
The lack of uniformity regarding the rules laid down by different states also leads
to confusion in the proper application of the Act. Though the Act was aimed at
removing the gender bias in statutory legislation, the goal is yet to be achieved.
The frequent changing of marriage counsellors is causing hardship to women who
has to explain her problems afresh to the new counsellors each time.
19. What is Uniform Civil Code ? Discuss its feasibility in Indian Society.
Answer :-
Uniform Civil Code :-
A Uniform Civil Code means that all sections of the society irrespective of their
religion shall be treated equally according to a national civil code, which shall be
applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and
succession of the property. It is based on the premise that there is no connection
between religion and law in modern civilization.
Article 44 corresponds with Directive Principles of State Policy stating that State
shall endeavour to provide for its citizens a uniform civil code (UCC) throughout
the territory of India.
Feasibility of Uniform Civil Code in India :-

Implementation of Uniform Civil Code in India is one that has been debated over
for several years. A Uniform Civil Code essentially means a common set of laws
governing personal matters for all citizens of the country, irrespective of religion.
Currently, there is a Hindu Marriage Act, a Muslim Personal Law (Shariat)
Application Act, 1937, a Christian Marriage Act and a Parsee Marriage and Divorce
Act. Hindu Marriage Act applies to any person who is a Hindu, Buddhist, Jain or
Sikh by religion. There is also a Special Marriages Act, 1954 under which people
can perform marriage irrespective of the religion followed by either person. These
laws deal with the matters involving marriage, divorce, inheritance, adoption and
maintenance of the respective religions. Having a Uniform Civil Code will mean
that all these laws will be replaced by a new law which will be applicable for all
irrespective of their religions.
Historically looking at this subject of debate, the inception of Uniform Civil Code
can be traced back to the colonial times when the British applied a common
criminal code for all but allowed the existence of the religious laws to be applied
in the cases of personal matters. Amongst the Hindu population, different laws
were allowed to govern in accordance with their caste and region. On the other
hand, all Indian Muslims were to be governed under the Shariat law which was
passed in the year 1937.
Before the inception of the Indian Constitution, there were several proponents
for the application of Uniform Civil Code. One of the major arguments put forth
for the application of UCC was that it could become a base on which a national
identity could be created, eradicating the ones based on religion and caste. This
however was met with a counter argument on safeguarding the minority interests
and that enforcement of a UCC would mean the cultural identities of the minority
groups getting destroyed. Therefore in an attempt to strike a balance between
the two contrasting views, the concept of Uniform Civil Code was placed under
the Directive Principles of State Policy which the State would endeavor to achieve
but not be bound by.
This debate of UCC took a new turn in the year of 1985 when Shah Bano, a
Muslim woman filed a criminal suit in Supreme Court of India in which she won
the right of receiving alimony from her divorced husband. However, large masses
following the Islamic orthodoxy gravely protested against this decision, perceiving
it as an attack against their religious personal laws. This led to the Congress
government to pass the Muslim Women (Protection on Rights on Divorce) Act,
1986 nullifying the Supreme Court judgment. Succeeding this however, the court
in cases of Daniel Latifi case and Shamima Farooqui versus Shahid Khan
case interpreted the act in a manner reassuring the validity of the case, upholding
the Shah Bano judgment and nullifying the Act. Many Muslims including the All
India Shia Personal Law Board supported and celebrated the Supreme Court
judgment and the fact that Muslim women could now claim maintenance after
divorce.
The persons in favour of implementation of UCC have time and again spoken
about women rights and how they’re severely biased against them in the religious
personal laws. Certain examples that elaborate on this view are that in Islam, a
husband is allowed to divorce his wife by a simple means of proclaiming Talaq
thrice, however a woman has to file a petition in court and go through a
comparatively rather long and tedious procedure to get the divorce. This is in
addition to the fact that she is required to provide a reason backed up with a
proof whereas her male counterpart is not required to do so. Moreover, Islamic
laws allow for a Muslim man to marry four times and have four wives legally
whereas a woman is only allowed to have one husband. Polygamy is also not
allowed in other religious groups, which creates a massive difference and become
the reason for cases relating to religious conversions to Islam solely for this
reason, quite common.
Thirdly, according to the Hindu Succession Act, a mother has equal rights over the
property as the children and the widow in the event of her son’s death. But when
a married daughter dies, the mother ranks after the husband’s heirs. These
examples give the readers a sense of how the personal laws of various religions
do not in fact treat women at par with men in matters involving marriage, divorce
and inheritance. Thus, the proponents of UCC argue that there should be a
Uniform law which put women at par with men in all the aforementioned
matters. It is also argued that implementation of a common code would lead to
national integration, making India secular in a true sense and draw minorities into
the mainstream society thereby encouraging communal harmony.
However, the task of implementing UCC is not an easy one. There exists a vast
variety and diversity of personal laws which are followed with devotion with
many followers. So to create a sweeping change in all these personal laws and
creating one Uniform Code to govern all citizens in the same manner is an idea
too romantic and unrealistic to be achieved. There are several misconceptions
existing about UCC as well where it is wrongly misunderstood to mean a blanket
imposition of Hindu code and procedures, giving rise to a number of opponents.
Also, a generalized set of laws imposed on every individual can also give rise to an
identity crisis, especially amongst the minority communities.
Taking into account the arguments from both the opponents and proponents of
the Uniform Civil Code debate, it can be concluded that implementing UCC all at
once can cause severe communal disharmonious occurrences, doing more
damage than fixation of the biased personal laws. The approach to implementing
UCC also requires to not be the clichéd way of raising all personal religious laws to
the same level and replacing them with one Uniform Codified Law, ignoring all
nuances of different religions. Instead, it is a smarter idea to bring about reforms
on smaller scales and specifically to those sections in personal laws which do
grave injustice to a section of citizens in the country.
The focus should be on removing the obvious and inherent irrationality existing in
some of the personal laws and being about reforms in them to suit the modern
times. In an attempt to remove all disparities between various religions, these
reforms could work as a foundation for Uniform Civil Code at a much later stage.
Goa Civil Code works as a model example in this case, where the civil cases of the
citizens of Goa are governed by the Goa Family Law. This is irrespective to the
religion of a particular person. Thus, the idea of UCC, though not yet feasible,
could become so in the long run.

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1 3 YEARS LLB 2nd SEMESTER FAMILY LAW - I

1. Explain the essential conditions of a Hindu Marriage.

were contracted outside India. In order to prosecute a person for bigamy it is

The concept of Judicial Separation :-

Filing petition for Judicial Separation :-

• The marriage between the husband and wife should be celebrated

• The date and place of marriage.

Grounds for Judicial Separation :-

Conversion/Apostasy [Section 13(1)(ii)] :- If any spouse gets converted into any

Unsound mind [Section 13(1)(iii)] :- If any spouse in a marriage is suffering from

Venereal Disease [Section 13(1)(v)] :- If any party to a marriage or a spouse has

Illustration :- ‘A’ is suffering from an abnormal disease that is spread by

Civil death/Presumed death [Section 13(1)(vii)] :- If a person is not found for 7 or

Additional grounds for the wife to claim justice :-

Bigamy [Section 13(2)(i)] :- It means if the husband is remarried while he is

Repudiation of marriage/A option of puberty [Section 13(2)(iv)] :- If a girl’s

3. Explain the matrimonial remedies for Muslims.

Matrimonial Remedy of Restitution of Conjugal Rights under Muslim Law

The remedy is available in modern India by a suit of restitution of conjugal rights

The proposition of law thus formulated would be more precise if we substitute

Although there is nothing like grounds of divorce available to the husband it is

definition of cruelty. Thus, in a husband’s petition for restitution of conjugal

(v) A valid separation agreement is a good defence to a suit for restitution of

In conclusion, we may quote the following observations of Vaidya J. of the

This barbarous remedy should be sparingly awarded, “particularly after the

It is submitted that in modern matrimonial law, the remedy of restitution has no

Uniform Civil Code :-

Indian constitution on uniform civil code :-

Need of uniform civil code :-

4. Every Modern Nation has it :-

Merits of uniform civil code :-

Feasibility of Uniform Civil Code in India :-

government to pass the Muslim Women (Protection on Rights on Divorce) Act,

5. Explain the doctrine of Pious Obligation.

Pious obligation in a general understanding is a son’s liability to pay off his

Doctrine of Pious Obligation :-

TYPES OD DEBTS AND LIABILITY OF SONS :-

AVYAVAHARIKA DEBT AND BURDEN OF PROOF :-

JUDICIAL INTERPRETATION ON DOCTRINE OF PIOUS OBLIGATION :-

Venkatesh Dhonddev Deshpande v. Sou. Kusum Dattatraya Kulkarni; Supreme

Apentala Raghavaiah v. Boggawarapu Peda Ammayya In this case, the plaintiff's

PIOUS OBLIGATION OF DAUGHTERS: A MODERN PERSPECTIVE :-

6. Discuss the divorce under Muslim Personal Law.

Discuss the grounds of divorce under Muslim Personal Law ?.

Muslim Marriage Act: Divorce under Muslim Law is of two types :-

Extra Judicial Divorce in Islam

Extra judicial divorce in Islam consists of the following divisions:-

1. Talaq-e-Ahsan: It consists of a single pronouncement of divorce. It is

3. Talaq-ul-Biddat: Three pronouncements are made in a single breath. It

6. Khula: Khula is separation by putting an end to the matrimonial bonds and

7. Mubarat: Mubarat is the dissolution of marriage by mutual agreement. The

8. Talaq-e-Tafweez: A husband may delegate his power of talaq to his wife. An

Judicial Divorce in Islam

Dissolution of Muslim Marriage act, 1939: Judicial divorce in Islam consists of –

Grounds on Which Muslim Woman Can Seek Divorce

7. Discuss the salient features of Hindu Marriage Act, 1955.

SALIENT FEATURES OF HINDU MARRIAGE ACT 1955 :-

Applicability of Hindu Marriage Act, 1955 :-

Conditions for marriage :- Section 5 :-

duties of Hindu couples. Marriage is a multilevel commitment. Thus, this