Facts that Matter : Family Law | Legal Reasoning for CLAT PDF Download

Hindu Marriage Act, 1955

Fact 1: Under which section of the Hindu Marriage Act, 1955, are the conditions for a valid Hindu marriage specified?
Ans: Section 5

Fact 2: What type of marriage under the Hindu Marriage Act, 1955, is considered null and void from the beginning, such as one within prohibited degrees of relationship?
Ans: Void marriage

Fact 3: What is the minimum age requirement for a bride under the Hindu Marriage Act, 1955?
Ans: 18 years

Fact 4: Under which section of the Hindu Marriage Act, 1955, are the ceremonies for solemnization of a Hindu marriage described?
Ans: Section 7

Fact 5: What type of marriage is prohibited under the Hindu Marriage Act, 1955, if either party has a spouse living at the time of marriage?
Ans: Bigamous marriage

Divorce and Judicial Separation under Hindu Law

Fact 1: Under which section of the Hindu Marriage Act, 1955, can a Hindu file for divorce on the ground of cruelty by the spouse?
Ans: Section 13(1)(ia)

Fact 2: What is the term used when a married couple is legally allowed to live separately but their marriage is not dissolved?
Ans: Judicial Separation

Fact 3: Under which section of the Hindu Marriage Act, 1955, can divorce be granted on the ground of desertion for two or more years?
Ans: Section 13(1)(ib)

Fact 4: Which form of dissolution allows the marriage to continue legally but suspends marital obligations?
Ans: Judicial Separation

Fact 5: Under which section of the Hindu Marriage Act, 1955, can a petition for divorce be filed on the ground of mental disorder?
Ans: Section 13(1)(iii)

Muslim Marriage and Divorce

Fact 1: What is a Muslim marriage (Nikah) regarded as under Muslim law?
Ans: A civil contract

Fact 2: What is the term for the consideration or dower amount the husband must provide to the wife in a Muslim marriage?
Ans: Mahr

Fact 3: Which form of divorce is initiated by mutual consent of husband and wife, usually with the wife giving up her dower?
Ans: Khula

Fact 4: What is the Arabic term for the obligatory waiting period a woman must observe after divorce or widowhood?
Ans: Iddat

Fact 5: Under which Act can a Muslim woman seek divorce through court for grounds like cruelty or desertion?
Ans: The Dissolution of Muslim Marriages Act, 1939

Maintenance and Alimony

Fact 1: Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the provision for maintenance codified?
Ans: Section 144

Fact 2: Who among the following are entitled to claim maintenance under Section 144 BNSS?
Ans: Wife, children, and parents

Fact 3: What special relief can a magistrate grant during the pendency of proceedings under Section 144 BNSS?
Ans: Interim maintenance and expenses of the proceeding

Fact 4: When does a divorced woman lose her right to claim maintenance under Section 144 BNSS?
Ans: Upon her remarriage

Fact 5: Within what time frame should an application for interim maintenance under Section 144 BNSS be disposed of, as far as possible?
Ans: Within 60 days from the date of service of notice of the application

Adoption and Guardianship

Fact 1: Under which Act is adoption among Hindus governed in India?
Ans: The Hindu Adoption and Maintenance Act, 1956

Fact 2: What is the minimum age difference required between an adoptive father and an adoptive daughter under the Hindu Adoption and Maintenance Act, 1956?
Ans: 21 years

Fact 3: Which Act governs the appointment and powers of guardians for minors in India (for communities other than Hindus where personal laws apply differently)?
Ans: The Guardians and Wards Act, 1890

Fact 4: What is the maximum age of a child who can be adopted under the Juvenile Justice (Care and Protection of Children) Act, 2015?
Ans: 18 years

Fact 5: Which statutory body regulates and monitors the process of inter-country and in-country adoption in India?
Ans: Central Adoption Resource Authority (CARA)

Succession and Joint Family Property

Ans: The Hindu Succession Act, 1956

Fact 2: What is the term for the property that a Hindu male inherits by birth in a joint family?
Ans: Coparcenary property

Fact 3: Which section of the Hindu Succession Act, 1956, gives daughters equal coparcenary rights in ancestral property?
Ans: Section 6

Fact 4: What is the term for property acquired by a Hindu individual through his own efforts, separate from ancestral property?
Ans: Self-acquired property

Fact 5: Under which law are guardians appointed for minors in joint family property matters?
Ans: The Guardians and Wards Act, 1890

Domestic Violence and Section 498A IPC

Fact 1: Under which Act can a woman seek protection from domestic violence, including physical, emotional, and economic abuse?
Ans: Protection of Women from Domestic Violence Act, 2005

Fact 2: Which section of the Indian Penal Code deals with cruelty by husband or his relatives towards a wife?
Ans: Section 498A IPC

Fact 3: What type of punishment does Section 498A IPC prescribe for cruelty towards a married woman?
Ans: Imprisonment up to three years and fine

Fact 4: Under the Domestic Violence Act, what relief can the court grant to a victim besides protection orders?
Ans: Monetary relief, custody of children, residence orders, and counseling

Fact 5: Who can file a complaint under Section 498A IPC?
Ans: The aggrieved woman herself or any person on her behalf

Uniform Civil Code (UCC) and Emerging Issues

Fact 1: Which Article of the Indian Constitution directs the State to endeavor to secure a Uniform Civil Code for its citizens?
Ans: Article 44

Fact 2: Which law commission report recommended the implementation of a Uniform Civil Code in India?
Ans: The 21st Law Commission Report (2018)

Fact 3: Which landmark Supreme Court case emphasized that triple talaq is unconstitutional and not part of Islamic law?
Ans: Shayara Bano v. Union of India (2017)

Fact 4: Which Indian state became the first to pass a new Uniform Civil Code law in 2024, applicable to all citizens regardless of religion?
Ans: Uttarakhand

Fact 5: Which Indian state has excluded tribal communities from the proposed Uniform Civil Code, allowing them to continue their traditional social systems and customs?
Ans: Multiple states, with specific mention of northeastern states