Passage Based Questions on Family Law and Special Marriage Act | Legal Reasoning for CLAT PDF Download

Passage

A special marriage, i.e., a marriage between persons from two different religious affiliations can be legally contracted in India under the provisions of the law relating to special marriages. The law relating to special marriages provides for the registration of such marriages and for divorce in such cases. One of the modes in which a special marriage can be legally terminated is through divorce by mutual consent of parties to the marriage. In order to obtain a divorce by mutual consent, both the parties to the special marriage are required to jointly present a petition for divorce to the district court on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. At least six months after the presentation of such petition, but not later than eighteen months after the presentation of such petition, the district court, after hearing the parties and after making the necessary inquiry, and being satisfied that the marriage is a ‘special marriage’, and that the claims made in the petition are true, shall declare the marriage to be dissolved. Further, the personal presence of the parties before the district court at the time of presenting the joint petition for divorce is not mandatory, as the parties can satisfy the court even by affidavit that the requirements for granting divorce on mutual consent are fulfilled.

Q1: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On April10, 2021, Ms. A and Mr. B jointly presented a petition for divorce by mutual consent before the district court on the ground that they have been living separately for a period of three years and that they have mutually agreed that the marriage should be dissolved. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce by mutual consent after all other legal requirements are fulfilled.
(b) The district court shall pass a decree of divorce by mutual consent immediately because Ms. A and Mr. B have been living separately for more than one year.
(c) The district court shall not pass a decree of divorce by mutual consent because the marriage between Ms. A and Mr. B is not valid.
(d) The district court shall not pass a decree of divorce by mutual consent because neither party is at fault in the marriage.
Ans: (a)

Q2: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On January 26, 2021, Ms. A and Mr. B jointly presented a petition for divorce by mutual consent before the district court on the ground that they have been inflicting mental cruelty on each other for a period of three years and that they have mutually agreed that the marriage should be dissolved. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce within six months after the presentation of petition for divorce by mutual consent.
(b) The district court shall pass a decree of divorce after eighteen months of the presentation of petition for divorce by mutual consent.
(c) The district court shall not immediately pass a decree of divorce by mutual consent.
(d) The district court shall immediately pass a decree of divorce by mutual consent if it is satisfied that the marriage was valid.
Ans: (c)

Q3: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On March15, 2021, Ms. A and Mr. B jointly presented a petition for divorce before the district court on the ground that they have been living separately for a period of three years and that they have mutually agreed that the marriage should be dissolved. Six months later, the district court, after hearing the parties and making inquiry, found that the marriage had been solemnized under the law relating to special marriages, and that the consent of Ms. A for the presentation of petition of divorce was obtained by fraud. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce by mutual consent because the legal requirements are fulfilled.
(b) The district court shall pass a decree of divorce because the marriage had been solemnized under the law relating to special marriages.
(c) The district court shall not pass a decree of divorce because there was no mutual consent between parties.
(d) The district court shall not pass a decree of divorce because Ms. A has not been punished for fraud.
Ans: (c)

Q4: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the law relating to special marriages in January 2018. On February 15, 2021, Ms. A presented a petition for divorce by mutual consent before the district court on the ground that Ms. A and Mr. B have been living separately for a period of one year because Mr. B has been in an adulterous relationship with Ms. X, a Christian female. In the given situation, which of the following statements is correct?
(a) The district court shall pass a decree of divorce by mutual consent six months after the date of presentation of petition for divorce.
(b) The district court shall pass a decree of divorce by mutual consent eighteen months after the date of presentation of petition for divorce.
(c) The district court shall not pass a decree of divorce by mutual consent as the requirements for grant of divorce are not fulfilled.
(d) The district court shall not pass a decree of divorce by mutual consent as Ms. A and Mr. B have not been living separately for more than one year.
Ans: (c)

Q5: Ms. A, a Hindu female and Mr. B, a Christian male, got married as per the provisions of the law relating to special marriages in January 2018. On June16, 2021, Ms. A and Mr. B jointly presented a petition for divorce by mutual consent before the district court on the ground that they have been living separately for a period of three years and that they have mutually agreed that the marriage should be dissolved. During the presentation of the petition, while Ms. A was present physically in the district court, Mr. B joined via video-conferencing. In the given situation, which of the following statements is correct?
(a) The district court may pass a decree of divorce by mutual consent six months after the date of presentation of petition for divorce.
(b) The district court shall pass a decree of divorce by mutual consent after all other legal requirements are fulfilled.
(c) The district court shall not pass a decree of divorce by mutual consent.
(d) Both (a) and (b).
Ans: (d)