CBSE Textbook Solutions: Institutional Framework - Marriage and Divorce | Legal Studies for Class 11 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions:

Q1. Give one point of difference between the following -
(i) Exogamy and endogamy
(ii) Void and voidable marriage
(iii) Monogamy and polygamy
(iv) Marriage and divorce
Ans: Differences in Marriage Concepts
(i) Exogamy vs. Endogamy: Exogamy refers to the practice of marrying outside one's social group, while endogamy involves marrying within one's own social group.
(ii) Void vs. Voidable Marriage: A void marriage is one that is not legally valid from the outset, whereas a voidable marriage is valid until annulled by one of the parties.
(iii) Monogamy vs. Polygamy: Monogamy is the practice of having one spouse at a time, while polygamy involves having multiple spouses simultaneously.
(iv) Marriage vs. Divorce: Marriage is a legally recognized union between two individuals, whereas divorce is the legal dissolution of that union.

Q2. Write brief notes on-
(i) Fosterage
(ii) Significance of Article 44
(iii) Role of Lawyers and Counselors in Family Courts
(iv) Gender inequality in Hindu Family Law
(v) Objectives of Family Court
Ans:
(i) Fosterage: Fosterage refers to the practice of raising a child by someone who is not the child's biological parent. It often involves a legal or social arrangement where the foster parent takes on the responsibilities of care and upbringing, providing emotional and financial support to the child.
(ii) Significance of Article 44: Article 44 of the Indian Constitution advocates for a uniform civil code (UCC) for all citizens, aiming to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. This is significant as it promotes gender equality and justice in matters of marriage, divorce, and inheritance.
(iii) Role of Lawyers and Counselors in Family Courts: In Family Courts, lawyers typically have a limited role compared to traditional courts, focusing more on legal advice rather than representation. Counselors play a crucial role in facilitating mediation and reconciliation between parties, aiming for amicable settlements and reducing adversarial conflicts.
(iv) Gender Inequality in Hindu Family Law: Gender inequality in Hindu Family Law is evident in practices such as unequal inheritance rights, where women often have limited rights to ancestral property compared to men. Additionally, the societal norms and customs often place women at a disadvantage in matters of marriage and divorce.
(v) Objectives of Family Court: The primary objectives of Family Courts include providing a speedy resolution to family disputes, promoting reconciliation between parties, ensuring the welfare of children, and reducing the adversarial nature of legal proceedings in family matters.

Q3. Answer the following questions-
(i) Give any two examples of gender inequality in the Islamic family law.
(ii) Explain the grounds for voidable marriage provided in the Hindu Marriage Act.
(iii) What is divorce? What are the various grounds for divorce?
(iv) What are the conditions for a valid marriage?
Ans:
(i) Examples of Gender Inequality in Islamic Family Law 
Two examples of gender inequality in Islamic family law are:

• The practice of polygamy, which permits a man to have multiple wives, while women are not afforded the same right.
• The concept of triple talaq, which allows a husband to divorce his wife instantly by pronouncing 'talaq' three times, without her consent.

(ii) Grounds for Voidable Marriage under the Hindu Marriage Act
The grounds for voidable marriage as provided in the Hindu Marriage Act include:

• Consent obtained by coercion, fraud, or misrepresentation.
• Incapacity of either party to give valid consent due to unsoundness of mind or mental disorder.

(iii) Divorce and Grounds for Divorce
Divorce is the legal dissolution of a marriage by a court or other competent body. The various grounds for divorce include:

• Adultery
• Desertion for a specified period
• Conversion to another religion
• Mental illness or insanity
• Incurable disease
• Failure to maintain the spouse

(iv) Conditions for a Valid Marriage
The conditions for a valid marriage generally include:

• Both parties must be of legal age to marry.
• Both parties must consent to the marriage freely.
• There must be no existing marriage that would render the new marriage void.
• The parties must not be within the degrees of prohibited relationship.

Q4. Identify the marital right and explain-
(i) The obligation of a man to support his wife out of his income
(ii) Devolution of property after the death of spouse in Hindu and Muslim laws
Ans:
(i) The Obligation of a Man to Support His Wife Out of His Income
In marriage, a husband has a legal obligation to provide financial support to his wife. This duty encompasses maintaining her in a manner that reflects his income level. The obligation is not contingent on the wife's financial status; even if she has her own income, the husband is still required to support her. This principle is codified in various laws, including the Hindu Adoptions and Maintenance Act, 1956, which grants wives the right to claim maintenance from their husbands. The court considers factors such as the husband's financial position and liabilities when determining the maintenance amount.
(ii) Devolution of Property After the Death of Spouse in Hindu and Muslim Laws
The devolution of property after the death of a spouse varies significantly between Hindu and Muslim laws.
Hindu Law

• Under Hindu law, when a person dies intestate (without a will), their property is distributed according to the Hindu Succession Act, 1956. The property typically devolves to the legal heirs, which include the spouse, children, and other relatives. 
• The wife is entitled to a share of her husband's property, ensuring her financial security after his death.

Muslim Law

• In Muslim law, the distribution of property after death is governed by the principles of inheritance outlined in the Quran and subsequent legal interpretations. 
• The wife is entitled to a fixed share of her husband's property, which is typically one-eighth if there are children. The distribution is based on a predetermined formula, ensuring that the wife receives her rightful share.