All questions of Family Law for CLAT Exam

The Hindu Marriage Act, 1955 (HMA), governs marriages among Hindus, Jains, Sikhs, and Buddhists in India, aiming to regulate matrimonial relationships while balancing tradition and modern values. Under Section 5, a valid Hindu marriage requires both parties to be Hindus, of sound mind, and not within prohibited degrees of relationship (e.g., siblings or close cousins) unless permitted by custom. The minimum age for marriage is 21 for the groom and 18 for the bride. Section 7 mandates that a marriage is solemnized through customary rites, such as saptapadi (seven steps around the sacred fire), which completes the marriage.
Section 13 of the HMA provides grounds for divorce, including cruelty (physical or mental), desertion for two years, adultery, or conversion to another religion. Mental cruelty includes persistent harassment or conduct causing mental agony. Section 13B allows divorce by mutual consent if both parties have lived separately for one year and agree to dissolve the marriage. Maintenance under Section 24 can be claimed by either spouse during pending proceedings, while Section 25 provides for permanent alimony post-divorce, based on the spouse’s income, needs, and conduct.
The HMA also recognizes the restitution of conjugal rights under Section 9, allowing a spouse to seek a court order directing the other to resume cohabitation, provided there is no reasonable excuse for withdrawal (e.g., cruelty or danger to life). Additionally, under Section 12, a marriage can be declared voidable if it was not consummated due to one party’s willful refusal or if consent was obtained by fraud (e.g., concealing a serious illness).
Consider the following scenarios: Priya seeks divorce from Anil, alleging he constantly belittles her in public, causing her emotional distress. In another case, Rohan and Meera, married for six months, agree to separate amicably. In a third scenario, Sunita discovers that her husband, Vikram, hid his chronic illness before their marriage.

If Anil files for restitution of conjugal rights because Priya left their home, what could be Priya’s valid defence under the HMA?

The Hindu Marriage Act, 1955 (HMA), governs marriages among Hindus, Jains, Sikhs, and Buddhists in India, aiming to regulate matrimonial relationships while balancing tradition and modern values. Under Section 5, a valid Hindu marriage requires both parties to be Hindus, of sound mind, and not within prohibited degrees of relationship (e.g., siblings or close cousins) unless permitted by custom. The minimum age for marriage is 21 for the groom and 18 for the bride. Section 7 mandates that a marriage is solemnized through customary rites, such as saptapadi (seven steps around the sacred fire), which completes the marriage.
Section 13 of the HMA provides grounds for divorce, including cruelty (physical or mental), desertion for two years, adultery, or conversion to another religion. Mental cruelty includes persistent harassment or conduct causing mental agony. Section 13B allows divorce by mutual consent if both parties have lived separately for one year and agree to dissolve the marriage. Maintenance under Section 24 can be claimed by either spouse during pending proceedings, while Section 25 provides for permanent alimony post-divorce, based on the spouse’s income, needs, and conduct.
The HMA also recognizes the restitution of conjugal rights under Section 9, allowing a spouse to seek a court order directing the other to resume cohabitation, provided there is no reasonable excuse for withdrawal (e.g., cruelty or danger to life). Additionally, under Section 12, a marriage can be declared voidable if it was not consummated due to one party’s willful refusal or if consent was obtained by fraud (e.g., concealing a serious illness).
Consider the following scenarios: Priya seeks divorce from Anil, alleging he constantly belittles her in public, causing her emotional distress. In another case, Rohan and Meera, married for six months, agree to separate amicably. In a third scenario, Sunita discovers that her husband, Vikram, hid his chronic illness before their marriage.

If Rohan and Meera wish to dissolve their marriage after six months of separation, what option is available to them under the HMA?

The Hindu Marriage Act, 1955 (HMA), governs marriages among Hindus, Jains, Sikhs, and Buddhists in India, aiming to regulate matrimonial relationships while balancing tradition and modern values. Under Section 5, a valid Hindu marriage requires both parties to be Hindus, of sound mind, and not within prohibited degrees of relationship (e.g., siblings or close cousins) unless permitted by custom. The minimum age for marriage is 21 for the groom and 18 for the bride. Section 7 mandates that a marriage is solemnized through customary rites, such as saptapadi (seven steps around the sacred fire), which completes the marriage.
Section 13 of the HMA provides grounds for divorce, including cruelty (physical or mental), desertion for two years, adultery, or conversion to another religion. Mental cruelty includes persistent harassment or conduct causing mental agony. Section 13B allows divorce by mutual consent if both parties have lived separately for one year and agree to dissolve the marriage. Maintenance under Section 24 can be claimed by either spouse during pending proceedings, while Section 25 provides for permanent alimony post-divorce, based on the spouse’s income, needs, and conduct.
The HMA also recognizes the restitution of conjugal rights under Section 9, allowing a spouse to seek a court order directing the other to resume cohabitation, provided there is no reasonable excuse for withdrawal (e.g., cruelty or danger to life). Additionally, under Section 12, a marriage can be declared voidable if it was not consummated due to one party’s willful refusal or if consent was obtained by fraud (e.g., concealing a serious illness).
Consider the following scenarios: Priya seeks divorce from Anil, alleging he constantly belittles her in public, causing her emotional distress. In another case, Rohan and Meera, married for six months, agree to separate amicably. In a third scenario, Sunita discovers that her husband, Vikram, hid his chronic illness before their marriage.

Under the HMA, which of the following is NOT a condition for a valid Hindu marriage?

The Hindu Marriage Act, 1955 (HMA), governs marriages among Hindus, Jains, Sikhs, and Buddhists in India, aiming to regulate matrimonial relationships while balancing tradition and modern values. Under Section 5, a valid Hindu marriage requires both parties to be Hindus, of sound mind, and not within prohibited degrees of relationship (e.g., siblings or close cousins) unless permitted by custom. The minimum age for marriage is 21 for the groom and 18 for the bride. Section 7 mandates that a marriage is solemnized through customary rites, such as saptapadi (seven steps around the sacred fire), which completes the marriage.
Section 13 of the HMA provides grounds for divorce, including cruelty (physical or mental), desertion for two years, adultery, or conversion to another religion. Mental cruelty includes persistent harassment or conduct causing mental agony. Section 13B allows divorce by mutual consent if both parties have lived separately for one year and agree to dissolve the marriage. Maintenance under Section 24 can be claimed by either spouse during pending proceedings, while Section 25 provides for permanent alimony post-divorce, based on the spouse’s income, needs, and conduct.
The HMA also recognizes the restitution of conjugal rights under Section 9, allowing a spouse to seek a court order directing the other to resume cohabitation, provided there is no reasonable excuse for withdrawal (e.g., cruelty or danger to life). Additionally, under Section 12, a marriage can be declared voidable if it was not consummated due to one party’s willful refusal or if consent was obtained by fraud (e.g., concealing a serious illness).
Consider the following scenarios: Priya seeks divorce from Anil, alleging he constantly belittles her in public, causing her emotional distress. In another case, Rohan and Meera, married for six months, agree to separate amicably. In a third scenario, Sunita discovers that her husband, Vikram, hid his chronic illness before their marriage.

Priya’s claim of Anil’s public belittling causing emotional distress would most likely be classified as which ground for divorce under the HMA?

The Hindu Marriage Act, 1955 (HMA), governs marriages among Hindus, Jains, Sikhs, and Buddhists in India, aiming to regulate matrimonial relationships while balancing tradition and modern values. Under Section 5, a valid Hindu marriage requires both parties to be Hindus, of sound mind, and not within prohibited degrees of relationship (e.g., siblings or close cousins) unless permitted by custom. The minimum age for marriage is 21 for the groom and 18 for the bride. Section 7 mandates that a marriage is solemnized through customary rites, such as saptapadi (seven steps around the sacred fire), which completes the marriage.
Section 13 of the HMA provides grounds for divorce, including cruelty (physical or mental), desertion for two years, adultery, or conversion to another religion. Mental cruelty includes persistent harassment or conduct causing mental agony. Section 13B allows divorce by mutual consent if both parties have lived separately for one year and agree to dissolve the marriage. Maintenance under Section 24 can be claimed by either spouse during pending proceedings, while Section 25 provides for permanent alimony post-divorce, based on the spouse’s income, needs, and conduct.
The HMA also recognizes the restitution of conjugal rights under Section 9, allowing a spouse to seek a court order directing the other to resume cohabitation, provided there is no reasonable excuse for withdrawal (e.g., cruelty or danger to life). Additionally, under Section 12, a marriage can be declared voidable if it was not consummated due to one party’s willful refusal or if consent was obtained by fraud (e.g., concealing a serious illness).
Consider the following scenarios: Priya seeks divorce from Anil, alleging he constantly belittles her in public, causing her emotional distress. In another case, Rohan and Meera, married for six months, agree to separate amicably. In a third scenario, Sunita discovers that her husband, Vikram, hid his chronic illness before their marriage.

Sunita discovers Vikram concealed a chronic illness before their marriage. What remedy can she seek under the HMA?