1. Describe the status of marriage between Hindu male and Christian female without following the essential solemnized of Hindu marriage
As per Hindu Marriage Act, 1955, a marriage between a Hindu male and a Christian female is not valid if it is not solemnized in accordance with the essential Hindu rites and ceremonies. The marriage will be considered void and the couple will not be considered husband and wife.
The essential Hindu rites and ceremonies include:
- Saptapadi (taking seven steps together)
- Mangalsutra (tying a sacred thread around the bride’s neck)
- Kanyadaan (giving away the bride by her father)
- Phera (circumambulation of the sacred fire)
If a Hindu male and a Christian female get married without following these essential rites and ceremonies, their marriage will be considered invalid.
2. Express with reasons whether is marriage is valid or not for a given situation – A Hindu married male taking a second marriage with the consent of the first wife
A Hindu married male taking a second marriage with the consent of the first wife is not valid under Hindu law in India. The Hindu Marriage Act, 1955, prohibits a Hindu male from marrying a second time without divorcing his first wife. The only exception is if the first wife is unable to bear children.
In the case of Smt. Sarla Mudgal v. Union of India, the Supreme Court of India held that a second marriage by a Hindu male with the consent of the first wife is void and illegal. The Court stated that the consent of the first wife cannot be a ground for a valid second marriage.
Therefore, the marriage in the given situation is not valid.
Case study:
- Smt. Sarla Mudgal v. Union of India, AIR 1985 SC 945
In this case, the Supreme Court of India held that a second marriage by a Hindu male with the consent of the first wife is void and illegal. The Court stated that the consent of the first wife cannot be a ground for a valid second marriage.
The Court also held that the Hindu Marriage Act, 1955, is a social welfare legislation and its object is to promote the institution of marriage and to prevent the evils of polygamy. The Court said that the Act cannot be interpreted in a way that would defeat its object.
3.Explain the constitution of legal execution of restitution of conjugal rights of Hindu law
The restitution of conjugal rights is a legal remedy available to a Hindu husband or wife who has been deserted by the other spouse. The remedy is available under Section 9 of the Hindu Marriage Act, 1955.
To succeed in a restitution petition, the petitioner must prove that:
- They are a Hindu married couple
- The other spouse has deserted them
- They are willing to live with the other spouse
- They have not remarried
If the court is satisfied that the petitioner has met these requirements, it can order the other spouse to return and live with the petitioner.
The restitution of conjugal rights is a discretionary remedy and the court will not grant it if it believes that it would be in the best interests of the parties or their children to do so.
The legal execution of restitution of conjugal rights is as follows:
- The petitioner files a petition in the court.
- The court issues a notice to the respondent.
- The respondent appears in court and contests the petition.
- The court hears the arguments of both parties and decides whether to grant the petition.
- If the court grants the petition, it orders the respondent to return and live with the petitioner.
4. The concept of void and voidable marriages
void marriage is a marriage that is considered to be no marriage at all. It is as if the marriage never happened. A voidable marriage, on the other hand, is a marriage that is valid on its face but can be annulled by one or both parties.
The main difference between a void and voidable marriage is that a void marriage cannot be validated, while a voidable marriage can be validated if the parties choose to do so.
Here are some examples of void marriages:
- A marriage between a minor and an adult.
- A marriage between two people who are already married to each other.
- A marriage between a close relative, such as a brother and sister.
Here are some examples of voidable marriages:
- A marriage where one party was forced into the marriage.
- A marriage where one party was deceived about the other party’s identity or intentions.
- A marriage where one party was mentally incapable of giving consent.
5. Discuss about the concept of prohibited and sapinda relationship –
- Prohibited relationship refers to relationships between two persons where marriage is not allowed. These relationships include marriage between lineal ascendants and descendants, such as a parent and child, and marriage between siblings.
- Sapinda relationship refers to a wider group of relatives who are considered too closely related to marry each other. The sapinda relationship extends to three generations on the mother’s side and five generations on the father’s side.
Illustrations:
- A man cannot marry his mother, grand mother. This is because they are all in sapinda relationships with him.
- A man cannot marry his first cousin, who is his father’s sister’s daughter. This is because they are in a prohibited relationship.
The purpose of these restrictions is to prevent incestuous marriages, which can have harmful genetic consequences. The restrictions also help to maintain the purity of the Hindu lineage.
update. – 22/11/23
6. Explain the grounds on which a Hindu wife can seek dissolution of marriage – sec 13 clause (I) and clause (2)?
7. Discuss briefly about the divorce by mutual consent (13B)?
8. Discuss briefly about the irretrievable breakdown of marriage. ( Theory of divorce – 3 types then elaborate it )
9. Explain in detail about the grounds available for judicial separation (sec-10)
10. Express what is the status of a legitimate & illegitimate child born to Hindu parents (sec-16)
11. Explain the modern sources of Hindu law?
12. Describe how Hindu law is considered to be of divine origin.
13. List the 2 Schools of Hindu law.( CT2)
14. Describe the effect of migration on the application of Hindu Law. ( Not, Because Hindu Law Carries)
15. Examine the Statement ” A Hindu is born as well as made”. ( Sec 2 of HMA, Hindu by Birth, Adoption, Conversion)
16. Explain in detail about the grounds available to the spouses for the dissolution of marriage under Hindu marriage Law. ( Sec 13 Full in details )
17. Explain in detail about the concept and provision of marriage as provided under HMA ( Sec 15).
18. State the ancient sources of Hindu Law.
19. Enumerate the essentials of a valid custom
20. List the persons who can called a Hindu
21. Enumerate the four essential philosophies of Old Hindu law.
22. Explain the concept of Mitakshara Law ( CT 2 )
23.
