FAQs on Family Law - 1

Question 1

1. What is the difference between marriage and cohabitation under Family Law?

Accepted Answer

Ans. Marriage is a legal contract recognised by law with specific rights, duties, and succession benefits, while cohabitation is an informal living arrangement without legal status. Under Family Law, only married couples enjoy statutory protections, maintenance rights, and inheritance claims. Cohabiting partners lack these legal safeguards unless specific agreements exist.

Question 2

2. How does the concept of legitimacy affect children's rights in family matters?

Accepted Answer

Ans. Legitimacy determines whether children inherit property, claim succession rights, and receive maintenance from parents. Children born within valid marriage are legitimate and possess full legal rights. Illegitimate children historically faced restrictions, though modern Family Law increasingly grants them equal inheritance and succession benefits, protecting their financial security and social standing.

Question 3

3. What exactly is meant by 'guardianship' and how does it work in Family Law cases?

Accepted Answer

Ans. Guardianship is a legal relationship where a guardian assumes responsibility for a minor's care, education, and property management. Courts appoint guardians based on the child's best interests, considering parental preferences and the guardian's fitness. Guardians owe fiduciary duties and must account for assets, ensuring minors' welfare until they attain majority age.

Question 4

4. Can parents be forced to pay maintenance for adult children, and under what conditions?

Accepted Answer

Ans. Parents can be compelled to pay maintenance for adult children only in specific circumstances: if the child is pursuing higher education, is disabled, or cannot support themselves despite reasonable efforts. The extent depends on parental income, child's needs, and financial circumstances. Courts balance both parties' interests while prioritising the child's essential requirements and future prospects.

Question 5

5. What happens to property rights and succession when a marriage is declared void or dissolved by annulment?

Accepted Answer

Ans. A void marriage is treated as never validly existing, affecting property division and succession claims significantly. However, courts may grant relief to innocent spouses and protect children's interests through equitable distribution. Succession rights depend on whether offspring are deemed legitimate. Annulment differs from divorce in that marital status reverts entirely, complicating inheritance and maintenance obligations considerably.

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