Test: Institutional Framework- Marriage and Divorce - Humanities/Arts MCQ

The family laws in India that are codified by the Indian Parliament include Hindu Law. These laws govern various aspects of family matters for Hindus and are formally enacted and regulated by the Indian Parliament to provide a legal framework for family issues within the Hindu community.

During the Medieval Period in India, Hindus followed the Mitakshara or Dayabhaga schools of law, while Muslims adhered to the Shariat based on the Quran. This period marked a significant influence of religious laws on family matters within these communities.

The Family Courts Act was passed in 1984 to establish specialized family courts in India that specifically handle matrimonial and family law matters. These courts focus on procedural aspects and aim to provide prompt justice delivery and facilitate conciliation and settlements in family disputes.

Islamic law recognizes various types of divorces, including Talaq-e-Ahsan, Talaq-e-Hasan, and Talaq-e-Biddat (Instant Triple Talaq). These forms of divorce hold specific procedures and implications within Islamic legal frameworks.

Child rights institutional framework in India is discussed under The Prohibition of Child Marriage Act, 2006. This act addresses the issue of child marriages and outlines provisions to prevent and penalize such practices, highlighting the importance of protecting the rights of children in the context of marriage.

Conciliators in family courts aim to enhance women's negotiation power during dispute resolution processes. They play a crucial role in assisting disputing parties, particularly women, to achieve mutually agreeable resolutions, especially in matters concerning post-divorce maintenance, child custody, domestic abuse protection, and rights to the matrimonial residence.

A marriage that is essentially non-existent from the start is legally termed as a Void Marriage. This type of marriage is considered void ab initio, meaning it is invalid from the beginning and holds no legal standing.

The Guilty or Offence Theory suggests that divorce can only occur if one party commits a recognizable matrimonial offense post-marriage. This theory emphasizes the attribution of fault or guilt as a prerequisite for the dissolution of a marriage.

The Indian Divorce Act, 1869, allows nullity on grounds such as impotency, prohibited relationships, former spouse existence, and unsound mind within the Christian community in India. This act provides a legal framework for divorce proceedings and conditions specific to the Christian community.

The Protection of Women from Domestic Violence Act, 2005, in India aims to address violence against women, including issues like wife murder. This act played a crucial role as a driving force behind the establishment of family courts, emphasizing the importance of gender justice and women's rights within the legal framework.