Test: Hindu Law of Marriage, Divorce and Adoption-2 - CLAT PG MCQ

Financial incapacity is not considered a bar to matrimonial relief under the Hindu Marriage Act. The bars include concepts such as condonation, which refers to the forgiveness of a marital offense, collusion, which involves mutual agreement to deceive the court, and delay in filing, which can be seen as an abuse of the legal process. Financial incapacity, however, does not relate to the integrity of the petitioner's claims or behavior in relation to the marriage. Understanding these distinctions is crucial for navigating matrimonial law, as it helps clarify the grounds on which relief can or cannot be granted.

The maxim "One Who Comes To Equity Must Come With Clean Hands" signifies that individuals seeking equitable relief must not be guilty of unethical behavior related to the issue at hand. This principle ensures that the courts only assist those who approach them in good faith and without any wrongdoing that contributes to their situation. For example, a spouse guilty of adultery cannot seek a divorce based on the other spouse's infidelity, as they would be deemed to have "unclean hands." This principle is fundamental in maintaining fairness and integrity within legal proceedings.

Under Hindu law, for a person to be eligible for adoption, they must be a Hindu, not already adopted, and not married unless a specific custom allows for the adoption of married individuals. This rule is in place to maintain the integrity of familial relationships and ensure that adoption serves its purpose of creating a stable family unit. The limitation on simultaneous adoptions by multiple persons also ensures that the child can bond with a single adoptive family, promoting a nurturing environment.

A marriage solemnized after the Hindu Marriage Act of 1955 that contravenes any of its provisions is deemed void, meaning it has no legal validity or enforceability. This underscores the importance of adhering to the legal requirements set forth in the Act for a marriage to be recognized legally. It is crucial for individuals entering into marriage to be aware of these legal stipulations to avoid complications regarding their marital status.

The Hindu Adoptions and Maintenance Act of 1956 was enacted to simplify and codify the laws related to adoption and maintenance in Hindu families. It allowed for the adoption of both boys and girls, and it provided clearer guidelines regarding the rights and responsibilities of adoptive parents. This act ensures that the process of adoption is more accessible and legally consistent, reflecting the evolving social norms regarding family and child welfare. It also marked a significant shift in recognizing women's rights in adoption, allowing unmarried women and widows to adopt.

Answer: (B) ii and iii are correct.
While registration is encouraged for all citizens (as directed in Seema v. Ashwani Kumar), Section 8 empowers registrars and mandates legislative oversight of state rules.

Answer: (C) i and ii are correct.
Conversion and absence for seven years apply only to divorce, not judicial separation. Judicial separation does not require a divorce beforehand.

Judicial separation allows spouses to live apart under a court decree while maintaining the marriage's legal status, meaning the marriage remains intact. In contrast, divorce signifies a permanent end to the marriage, eliminating the possibility of reconciliation. This legal distinction is important for couples who may wish to separate without completely dissolving their marital bond, providing them with time to consider their options.

A marriage can be considered voidable on various grounds, one of which is the impotence of the husband that prevents consummation. This means if the marriage has not been consummated due to the husband's inability to engage in sexual intercourse, the wife can seek to annul the marriage. It's essential to note that voidable marriages can be validated if both parties choose to continue the relationship, but they provide a legal basis for annulment if conditions are not met.

Connivance refers to a situation where one spouse implicitly or explicitly consents to the other's wrongful behavior, such as adultery. Unlike accessory, which involves active facilitation, connivance does not require direct involvement but does necessitate some form of consent or opportunity given to the other party to commit the act. This concept serves as a bar to seeking relief, as it indicates a level of complicity in the wrongdoing. For instance, if a husband agrees to his wife's infidelity as a means to financial gain, he is guilty of connivance and would be barred from seeking relief based on her actions.