CLAT Exam > CLAT Notes > Legal Reasoning for CLAT > Major Legal Judgements for Family Law
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1. Saroj Rani v. Sudarshan Kumar (1984) – Restitution of Conjugal Rights
- Facts: Saroj Rani sought restitution of conjugal rights under Section 9, Hindu Marriage Act, 1955, after her husband withdrew from her society without reasonable cause.
- Issues: Is Section 9 constitutional? Can restitution be enforced without violating personal liberty?
- Principle: Section 9 is constitutional, aiming to preserve marriage; restitution requires proof of unreasonable withdrawal, but enforcement cannot infringe fundamental rights.
- Judgment: The Supreme Court upheld Section 9, granting restitution, as the husband lacked a reasonable excuse.
- Significance: This case affirmed the validity of restitution, balancing marital obligations with personal freedom.
2. Lata Singh v. State of UP (2006) – Inter-Caste Marriage
- Facts: Lata, a Hindu, married a man from a different caste, facing family opposition and harassment. She sought protection under Article 21.
- Issues: Can adults freely choose their spouse? Does family opposition justify interference?
- Principle: Adults have the right to marry by choice under Article 21; state and family cannot interfere absent legal grounds.
- Judgment: The Supreme Court directed protection for the couple, condemning family interference.
- Significance: This case reinforced marital autonomy, protecting inter-caste and inter-religious marriages.
3. Shayara Bano v. Union of India (2017) – Triple Talaq
- Facts: Shayara Bano challenged the practice of instant triple talaq under Muslim Personal Law as unconstitutional, seeking its ban.
- Issues: Is triple talaq constitutional? Does it violate gender equality under Articles 14 and 15?
- Principle: Triple talaq, being arbitrary and discriminatory, violates fundamental rights and is not protected under religious freedom (Article 25).
- Judgment: The Supreme Court declared triple talaq unconstitutional, leading to the 2019 Muslim Women (Protection of Rights on Marriage) Act.
- Significance: This landmark case advanced gender justice, reforming Muslim divorce practices.
4. Smt. Seema v. Ashwani Kumar (2006) – Marriage Registration
- Facts: A dispute over a marriage’s validity led to a petition for mandatory registration of marriages to prevent fraud and denial.
- Issues: Should marriage registration be mandatory? Can states enforce uniform registration?
- Principle: Mandatory registration of marriages protects spouses’ rights and prevents disputes, permissible under personal laws.
- Judgment: The Supreme Court directed all states to implement mandatory marriage registration.
- Significance: This case standardized marriage registration, enhancing legal clarity and protection.
5. Githa Hariharan v. Reserve Bank of India (1999) – Guardianship
- Facts: Githa challenged Section 6, Hindu Minority and Guardianship Act, 1956, which prioritized fathers as natural guardians, as discriminatory.
- Issues: Is prioritizing fathers as guardians constitutional? Does it violate gender equality?
- Principle: Both parents are natural guardians; prioritizing fathers violates Article 14, requiring equal treatment.
- Judgment: The Supreme Court held mothers as equal guardians, interpreting “after” in Section 6 as “in the absence of.”
- Significance: This case promoted gender equality in guardianship, reforming Hindu personal law.
6. Danial Latifi v. Union of India (2001) – Muslim Women’s Maintenance
- Facts: The Muslim Women (Protection of Rights on Divorce) Act, 1986, was challenged for limiting maintenance to the iddat period, allegedly violating Article 14.
- Issues: Does the 1986 Act deny reasonable maintenance? Is it constitutional?
- Principle: Muslim women are entitled to fair maintenance beyond iddat under the 1986 Act, consistent with Section 125, CrPC, and Article 14.
- Judgment: The Supreme Court upheld the Act, interpreting it to allow maintenance for life or until remarriage.
- Significance: This case ensured maintenance rights for Muslim women, harmonizing personal and secular laws.
7. Naveen Kohli v. Neelu Kohli (2006) – Irretrievable Breakdown of Marriage
- Facts: Naveen sought divorce under Section 13, Hindu Marriage Act, citing irretrievable breakdown due to mutual hostility.
- Issues: Is irretrievable breakdown a ground for divorce? Can courts grant divorce absent statutory grounds?
- Principle: Irretrievable breakdown, though not a statutory ground, can justify divorce under judicial discretion to prevent hardship.
- Judgment: The Supreme Court granted divorce, recognizing the marriage’s breakdown.
- Significance: This case paved the way for recognizing irretrievable breakdown, influencing divorce law reforms.
8. Shamim Ara v. State of UP (2002) – Talaq Validity
- Facts: A husband pronounced talaq without witnesses or reconciliation attempts. The wife challenged its validity under Muslim Personal Law.
- Issues: Is talaq valid without procedure? What are the requirements for valid talaq?
- Principle: Talaq must follow due process, including reconciliation attempts and witnesses, to be valid under Shariat.
- Judgment: The Supreme Court declared the talaq invalid, protecting the wife’s rights.
- Significance: This case reformed talaq practices, ensuring procedural fairness for Muslim women.
9. Vinita Saxena v. Pankaj Pandit (2006) – Mental Cruelty
- Facts: Vinita sought divorce under Section 13, Hindu Marriage Act, alleging mental cruelty due to her husband’s behavior and false accusations.
- Issues: What constitutes mental cruelty? Can it justify divorce?
- Principle: Mental cruelty, including sustained emotional harm or false allegations, is a ground for divorce under Section 13(1)(ia).
- Judgment: The Supreme Court granted divorce, finding evidence of mental cruelty.
- Significance: This case expanded the scope of cruelty, facilitating divorce for emotional abuse.
10. Laxmibai v. Ayodhya Prasad (1970) – Hindu Adoption
- Facts: A widow adopted a child under the Hindu Adoptions and Maintenance Act, 1956. The adoption was challenged for lacking her husband’s consent.
- Issues: Can a widow adopt without spousal consent? What are the requirements for valid adoption?
- Principle: A widow can adopt independently under Section 8, Hindu Adoptions and Maintenance Act, if the adoption complies with statutory conditions.
- Judgment: The Supreme Court upheld the adoption, affirming the widow’s right.
- Significance: This case clarified women’s adoption rights, promoting gender equality.
11. Mary Roy v. State of Kerala (1986) – Christian Succession
- Facts: Mary Roy challenged the Travancore Christian Succession Act, 1916, for denying equal inheritance to Christian women, seeking application of the Indian Succession Act, 1925.
- Issues: Does the 1916 Act violate equality? Should the 1925 Act apply to Christians?
- Principle: Discriminatory succession laws violate Article 14; the Indian Succession Act, 1925, applies to Christians for equal inheritance.
- Judgment: The Supreme Court struck down the 1916 Act, applying the 1925 Act.
- Significance: This case ensured gender-equal inheritance for Christians, reforming succession laws.
12. D. Velusamy v. D. Patchaiammal (2010) – Live-in Relationships
- Facts: Patchaiammal sought maintenance under the Protection of Women from Domestic Violence Act, 2005, claiming a live-in relationship akin to marriage.
- Issues: Are live-in partners entitled to maintenance? What constitutes a “relationship in the nature of marriage”?
- Principle: Live-in relationships resembling marriage qualify for maintenance under the 2005 Act, if cohabitation is long-term and domestic.
- Judgment: The Supreme Court recognized the relationship, granting maintenance.
- Significance: This case extended protections to live-in partners, modernizing family law.
13. Savitri Pandey v. Prem Chandra Pandey (2002) – Desertion
- Facts: Savitri sought divorce under Section 13, Hindu Marriage Act, alleging desertion by her husband, who left without intent to return.
- Issues: What constitutes desertion? Can it be a ground for divorce?
- Principle: Desertion requires permanent abandonment without consent or cause, justifying divorce under Section 13(1)(ib).
- Judgment: The Supreme Court granted divorce, confirming desertion.
- Significance: This case clarified desertion, strengthening grounds for divorce.
14. Prakash v. Phulavati (2015) – Hindu Succession
- Facts: A daughter claimed equal coparcenary rights under the Hindu Succession (Amendment) Act, 2005, in ancestral property, opposed by male heirs.
- Issues: Does the 2005 Amendment apply retrospectively? Are daughters equal coparceners?
- Principle: The 2005 Amendment grants daughters equal coparcenary rights but applies prospectively to living coparceners as of 2005.
- Judgment: The Supreme Court held the amendment non-retrospective, denying the claim.
- Significance: This case clarified the 2005 Amendment’s scope, later modified by *Vineeta Sharma*.
15. Vineeta Sharma v. Rakesh Sharma (2020) – Coparcenary Rights
- Facts: Vineeta sought equal coparcenary rights under the Hindu Succession (Amendment) Act, 2005, challenging *Prakash v. Phulavati*’s non-retrospective ruling.
- Issues: Are daughters equal coparceners regardless of their father’s death before 2005? Is the amendment retrospective?
- Principle: Daughters have equal coparcenary rights under Section 6, Hindu Succession Act, retrospectively, irrespective of their father’s death.
- Judgment: The Supreme Court overruled *Prakash*, granting retrospective rights.
- Significance: This case ensured gender equality in Hindu succession, reforming inheritance law.
16. Lily Thomas v. Union of India (2000) – Bigamy
- Facts: A petition challenged conversions to Islam for second marriages, alleging circumvention of Section 494, IPC, and Hindu Marriage Act.
- Issues: Does conversion permit bigamy? Is bigamy lawful under personal law?
- Principle: Conversion to Islam does not dissolve a prior marriage; bigamy violates Section 494, IPC, and Section 17, Hindu Marriage Act.
- Judgment: The Supreme Court declared such marriages void, upholding anti-bigamy laws.
- Significance: This case curbed misuse of conversion for bigamy, protecting marital rights.
17. Shabana Bano v. Imran Khan (2009) – Maintenance under CrPC
- Facts: Shabana, a divorced Muslim woman, sought maintenance under Section 125, CrPC, beyond the iddat period, opposed by her ex-husband.
- Issues: Can Muslim women claim maintenance under Section 125, CrPC, post-iddat? Does the 1986 Act override CrPC?
- Principle: Section 125, CrPC, applies to Muslim women for lifelong maintenance, supplementing the 1986 Act, per Article 14.
- Judgment: The Supreme Court granted maintenance, affirming Section 125’s applicability.
- Significance: This case strengthened maintenance rights for Muslim women, ensuring economic security.
18. Joseph Shine v. Union of India (2018) – Adultery
- Facts: Section 497, IPC, criminalizing adultery, was challenged as discriminatory for punishing only men and treating women as property.
- Issues: Is Section 497 constitutional? Does it violate gender equality and privacy?
- Principle: Adultery laws violating equality (Article 14) and privacy (Article 21) are unconstitutional; marriage is a civil contract, not a state-controlled institution.
- Judgment: The Supreme Court struck down Section 497, decriminalizing adultery.
- Significance: This case modernized family law, promoting gender equality and personal autonomy.
19. ABC v. State (NCT of Delhi) (2015) – Unwed Mothers’ Guardianship
- Facts: An unwed Christian mother sought sole guardianship of her child, opposed by the state citing the father’s rights.
- Issues: Can an unwed mother be the sole guardian? Do personal laws override child welfare?
- Principle: An unwed mother can be the sole guardian under the Guardians and Wards Act, 1890, prioritizing child welfare over paternal rights.
- Judgment: The Supreme Court granted guardianship to the mother, affirming her rights.
- Significance: This case protected unwed mothers’ rights, prioritizing child welfare.
20. X v. Y (2024) – Same-Sex Marriage
- Facts: A same-sex couple sought legal recognition of their marriage under the Special Marriage Act, 1954, challenging its heteronormative framework.
- Issues: Does the Special Marriage Act exclude same-sex couples? Is exclusion unconstitutional?
- Principle: Excluding same-sex couples from marriage violates equality (Article 14) and non-discrimination (Article 15), per *Navtej Johar* principles.
- Judgment: The Supreme Court directed the government to consider same-sex marriage recognition, leaving legislative action pending.
- Significance: This 2024 case advanced LGBTQ+ rights, pushing for inclusive marriage laws.
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The notes and questions for Major Legal Judgements for Family Law have been prepared according to the CLAT exam syllabus. Information about Major Legal Judgements for Family Law covers topics
like 1. Saroj Rani v. Sudarshan Kumar (1984) – Restitution of Conjugal Rights, 2. Lata Singh v. State of UP (2006) – Inter-Caste Marriage, 3. Shayara Bano v. Union of India (2017) – Triple Talaq, 4. Smt. Seema v. Ashwani Kumar (2006) – Marriage Registration, 5. Githa Hariharan v. Reserve Bank of India (1999) – Guardianship, 6. Danial Latifi v. Union of India (2001) – Muslim Women’s Maintenance, 7. Naveen Kohli v. Neelu Kohli (2006) – Irretrievable Breakdown of Marriage, 8. Shamim Ara v. State of UP (2002) – Talaq Validity, 9. Vinita Saxena v. Pankaj Pandit (2006) – Mental Cruelty, 10. Laxmibai v. Ayodhya Prasad (1970) – Hindu Adoption, 11. Mary Roy v. State of Kerala (1986) – Christian Succession, 12. D. Velusamy v. D. Patchaiammal (2010) – Live-in Relationships, 13. Savitri Pandey v. Prem Chandra Pandey (2002) – Desertion, 14. Prakash v. Phulavati (2015) – Hindu Succession, 15. Vineeta Sharma v. Rakesh Sharma (2020) – Coparcenary Rights, 16. Lily Thomas v. Union of India (2000) – Bigamy, 17. Shabana Bano v. Imran Khan (2009) – Maintenance under CrPC, 18. Joseph Shine v. Union of India (2018) – Adultery, 19. ABC v. State (NCT of Delhi) (2015) – Unwed Mothers’ Guardianship, 20. X v. Y (2024) – Same-Sex Marriage and Major Legal Judgements for Family Law Example, for CLAT 2025 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for Major Legal Judgements for Family Law.
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