FAMILY LAW – II

ANSWER IN ONE SENTENCE

1. What is the punishment for demanding dowry under the Dowry Prohibition
Act, 1961

Penalty for demanding dowry. If any person demands, directly or

indirectly, from the parents or guardian of a bride or bridegroom or from any
other person, as the case may be, any dowry, he shall be punishable with
imprisonment which may extend to one year and with fine which may
extend to five thousand rupees.

2. State any three powers of the Karta

In his bona fide role, a Karta takes decisions on behalf of an entire family
and enjoys powers that allow him to:
Enter into contracts.
Take debt for family purposes.
Acknowledge debts.
Refer matters for arbitration.
Enter into compromises.
Alienate joint family properties.
Represent the business in suits, etc.

3. What is the difference between Permanent Maintenance and

Maintenance Pendent Lite Alimony may be paid to the spouse in lump
sum as cash or any other kind of payment method, as well as in form of
property after the divorce is finalised. Unlike alimony, maintenance is
 only paid in form of cash or any other kind of payment method and the
husband cannot pay maintenance to wife in form of property.

4. What do you mean by testamentary guardian

Testamentary Guardian is a person appointed by will by any of the

natural guardians. It is done to ensure that the child will have a
guardian even after the death of the natural guardian or when the
natural guardian is in a position when he is not able to take care of the
child.

5. Under the Dayabhaga Law who can ask partition

Both under mitakshara and dayabhaga school, every coparcener has a

right to partition and is entitled to share. A minor coparcener can also ask for
partition

6. Which is the act enacted in the Hindu Succession Act

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted
to amend and codify the law relating to intestate or unwilled succession,
among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform
and comprehensive system of inheritance and succession into one Act.

7. What is nuclear family

Nuclear family, also called elementary family, in sociology and anthropology,

a group of people who are united by ties of partnership and parenthood and
consisting of a pair of adults and their socially recognized children. Typically,
but not always, the adults in a nuclear family are married.
 8. Who is a mistress

9. To what degree does sapinda relationship extend

The sapinda relationship extends to a person as far as the third
generation (inclusive) in the line of ascent through the mother and as far
as the fifth generation (inclusive) in the line of ascent through the father.

10.Under which exceptional circumstance can Karta alienate the joint hindu
family property?

For legal necessity and benefit to the estate, Karta was allowed to alienate
the traditional family property. Where the other coparceners are minors, he may
alienate joint immovable property to attach not only his interest but also that of the
other minor coparceners, given the common family's needs warrant the same.

11.Who is a coparcener

According to the Hindu Succession Act, 1956, any individual born in a

Hindu Undivided Family (HUF) becomes a coparcener by birth. Hence both sons
and daughters qualify as coparceners in the family and share equal rights and
liabilities over the property. Earlier only a Son/Son's son/Son's son's son were
coparceners.

12.What is ancestral property

An ancestral or coparcenary property is one which you inherit from

your forefathers, up to four generations. Prior to the 2005 amendment in the
Hindu Succession Act, only male members of the family were coparceners but
later daughters, too, were entitled to get a share.
 13.Define live-in relationship

The ‘live-in-relationship’ is a living arrangement in which an un-married

couple lives together in a long-term relationship that resembles a marriage. 'Live in
relationship' means those relationship where there is no marriage between the
parties, in the sense of solemnization of a marriage under any law. Yet the parties
live as couple, represent to the world that they are a couple and there is stability
and continuity in the relationship. Such a relationship is also known as a 'common
law marriage'.

14.Who can claim share in partition?

15.Define “Dowry

1. Definition of `dowry’.
In this act, `dowry’ means any property or valuable security given or
agreed to be given either directly or indirectly:
a. by one party to a marriage to the other party to the marriage; or
b. by the parents of either party to a marriage or by any other
person, to either party to the marriage or to any other person;at
or before or any time after the marriage in connection with the
marriage of said parties but does not include dower or mahr in
the case of persons to whom the Muslim Personal Law
(Shariat) applies.

16.Define doctrine of Pious Obligation under Hindu Law

Pious obligation' means duty of a Hindu due to deep devotion to

religion. Hindu law states that 'He who having received a sum lent or the like does
not repay it to the owner will be born hereafter in his creditors house a slave, a
servant or a woman or a quadruped '. Pious meaning religious, and under
the doctrine of pious obligation, an expectation is casted on a son to repay his
father's loan and debts from the part of the ancestral property he holds under a
religious duty towards his religion.

17.Define concubinage

Concubinage  is an interpersonal and sexual relationship between a man

and a woman in which the couple does not want to or cannot enter into a full
marriage. Concubinage is the state of a woman in a relationship with a man of
higher social status that gives her less rights than a marriage. In most of the cases
the man has an official wife and one or more concubines. ... Any other relationship
does not enjoy legal protection; the woman is necessarily a mistress.

18.Define Sati

The ancient Hindu tradition called sati, wherein a widow would throw

herself on her husband's pyre and burn to death, was initially a
voluntary act considered courageous and heroic, but it later became a forced
practice. According to Section 2 (c) of the Act, “sati” means the burning or
burying alive of (i) any widow along with the body of her deceased husband or any
other relative or with any article, object or thing associated with the husband or
such relative; or (ii) any woman along with the body of any of her relatives, ...

19.Can a hindu marrying a muslim and bringing up his daughter as Hindu,

claim Hindu Undivided Family status? Why?

According to the Hindu Succession (Amendment) Act

2005, daughters have the same right as sons to their father's self-
acquired property, if he dies intestate, that is, without a will. The property will be
divided equally among all legal heirs.

Daughter’s rights have been enlarged by virtue of the recent judgment of the apex
court. Daughters will now have equal coparcenary rights in HUF properties even if
they were born before the 2005 amendment to The Hindu Succession Act, 1956.
The coparcenary right of a daughter shall not be affected even if her coparcener
father demised prior to the 2005 amendment to HSA. The rights and liabilities of a
coparcener son and a coparcener daughter shall henceforth, be on equal footing
under the HSA.

Need to confirm this answer

20.What is Escheat

The reversion of land ownership back to the lord when the immediate
tenant dies without heirs. ... Reversion of property (especially real property) to the
state upon the death of an owner who has neither a will nor any legal heirs. The
doctrine of escheat postulates that where an individual dies intestate and does not
leave behind an heir who is qualified to succeed to the property, the property
devolves on government. The Hindu Succession Act,1956 Section 29 defines the
"Doctrine of Escheatment". According to this in Hindu Joint Family,if there are
no heirs i.e.absence of class I,classII,Agnates and Cognates to the deceased
person,the Government will take the property. This is known as "Doctrine of
Escheatment".

21.Define Agnate

Section 3(1)(a) One person is said to be an 'agnate' of another if the two

are related either by blood or adoption or wholly through males. Thus the
ascendants and descendants of a Hindu in the male line of succession or those who
come in the family by adoption through males are agnates. Agnate means a
person related to wholly through males either by blood or by adoption.
The agnatic relation may be a male or a female.

Cognate means a person related not wholly through males. Where a person is
related to the deceased through one or more females, he or she is called a cognate.

However, if more than one agnates or cognates are present, then the order

of succession among them is governed by the provisions of section 12 of
The Hindu Succession Act, 1956. Sections 12 provides as under: 12. Order
of succession among agnates and cognates.

22.What is modernization ?

Modernization is an encompassing process of. massive social changes

that, once set in motion, tends to penetrate all domains of life, from. economic
activities to social life to political. institutions, in a self-reinforcing process.26-Oct-
2016

Yet to figure

23.What is sapinda relationship ?

Sapinda relationship and degrees of prohibited relationships are one of the two

essential conditions of a valid Hindu marriage under Hindu Marriage Act,
1955. Sapinda relationship means extended relationships through generations
such as father, grandfather etc. Sapinda Relationship.  According to Hindu
Law , when two persons offer Pinda to the same ancestor , they are Sapindas to
each other.  Two persons would be Sapindas when they have common ancestor.
 Section 3 (f) of HMA ,1955 defines Sapinda relationship.

24.What does the term Testamentory Succession mean?

Testamentary Succession: Where succession is govern by a testament or

a will, it is called testamentary succession. Under Hindu Law, a Hindu male or
female has the capability to make a will of his/her
property in favour of anyone. In such cases, the property will devolve according
to the will of the deceased.

When the succession of the property is governed by a testament or a will, then it is

referred to as testamentary succession. Under Hindu law, a Hindu male or female
can make the will for the property, including that of a share in the undivided
Mitakshara coparcenary property, in favour of anyone. This should be valid and
legally enforceable. The distribution will be under the provisions of the will and
not through the laws of inheritance. Where the will is not valid, or not legally
enforceable, then property can devolve through the law of inheritance. 

25.What does the term guardian mean?

A guardian is a person who is appointed to look after another person or

his property. He or she assumes the care and protection of the person for whom
he/she is appointed the guardian. The guardian takes all legal decisions on behalf
of the person and the property of the ward.

A legal guardian is a person who has been appointed by a court or otherwise has
the legal authority (and the corresponding duty) to care for the personal and
property interests of another person, called a ward.

26.What is Saptapadi?

Saptapadi (English: seven steps, saptapadī) is the most important rite

(Sanskrit: rītī) of a Hindu marriage ceremony. The word, Saptapadi means
"Seven steps". After tying the Mangalsutra, the newlywed couple take seven steps,
that is called Saptapadi. After the seventh step, the couple legally become
husband and wife.

Section 7 in The Hindu Marriage Act, 1955. (1) A Hindu marriage may be

solemnized in accordance with the customary rites and ceremonies of either party
thereto.

27.What does the term full blood mean?

Full blood [Section 3 (1) (e) of Hindu Succession Act]. —Two

persons are said to be related to each others by full blood when they have
descended from a common ancestor by the same wife,
e.g., full brother, full sister, full paternal uncle, etc. ... A person may dispose of his
property by testamentary disposition.
 28.Who is a Concubine? How is a prostitute different from Concubine?

is that concubine is a woman who lives with a man, but who is not a wife
while prostitute is a person who performs sexual activity for payment, especially a
woman.

Need to reconfirm

29.What do you understand by term Uterine Blood

(d) “uterine blood”— two persons are said to be related to each other
by uterine blood when they are descended from a common ancestress but by
different husbands; Explanation. —

30.Define cognate

“cognate” — one person is said to be a cognate of another if the two are

related by blood or adoption but not wholly through males; section 3(1)(c) Where a
person is related to the deceased through one or more females, he or she is called a
cognate.

31.Who is a hindu?

If a person is born from a Hindu family, he/she is a Hindu. When one of

the parents of a child is Hindu and he/she is brought up as a member of
the Hindu family, he/she is a Hindu. ... The codified Hindu Law lays down that a
person who is not a Muslim, Parsi, Christian or Jews is governed by Hindu Law is
a Hindu.

32.Who is called as a Posthumous child?

 A posthumous birth is the birth of a child after the death of a biological
parent. A person born in these circumstances is called a posthumous child or
a posthumously born person.

An infant who is born subsequent to the death of the father or, in certain cases, the
mother. Under some statutes, it is necessary that the child be born within a ten-
month period subsequent to the intestate father's death in order for the infant to
be considered a posthumous child. ...

33.Define Intestate

Intestate means when person dies without making a will, which is capable of

taking effect. The property devolves upon the wife or husband or upon the relatives
of the deceased in the following manner. If A has left no will- He has
died intestate in respect of the whole of his property.

What Is Intestate? Simply put being intestate means not having a will before you
die. When this happens, the state takes responsibility for dividing up your assets
among your descendants via a probate court. Each state has different laws
regarding how a person's assets are divided.

Intestate Succession among Indian Christians: Section 30 of the Indian

Succession Act, 1925 defines Intestate Succession thus, a person is deemed to
die intestate in respect of all property of which he has not made a testamentary
dispossession which is capable of taking effect. ... Intestacy is either total or
partial

34.What is westernization?

The term refers to a process whereby people of lower castes collectively

try to adopt upper caste practices and beliefs, as a preliminary step to acquire
higher status. Thus, this indicates a process of cultural mobility that took
place in the traditional social system of India.
 westernization is an important process of social change. It has taken
place in India as a result of the British rule. The 150 years British rule produced
some radical and lasting changes in Indian social set up. ... Westernization is a
process or changing life style of the Indians towards the west.

35.Can judicial separation end to the marriage of the parties

Judicial Separation is a provision under the Indian marriage laws,

wherein both the husband and the wife get an opportunity to introspect about
giving a chance to their marriage, before going on with the divorce proceedings.

Judicial Separation is a medium under the law to give some time for self-analysis
to both the parties of a disturbed married life. ... They can claim the relief
of Judicial Separation by filing a petition. Once the order is passed, they are not
bound to have cohabitation.22-Feb-2020

36.What is maintenance pendent lite

It means you can ask for permanent alimony or maintenance even after

the petition for divorce or any other relief has been decided. While passing such an
order, Court is to take into consideration income and other property of the
respondent and also the income and other property of the applicant.

Pendent lite means “while a suit is pending”. ...

So Maintenance pendent lite means providing living expenses and financial
support for the children, wife and other person while a suit is pending.

37.What does the term polygamy mean

The term polygamy has been made up of two words

“polys” meaning many and “gamos” meaning marriage. So, polygamy means a
marriage of many. ... Thus, polygamy can be defined as a system of marriage
where a person is married to more than one spouse at the same time.
Definition. The condition or practice of having more than one spouse at the same
time. Polygamy as a crime originated in the common law, and it is now outlawed
in every state.

38.Define adultery

: voluntary sexual intercourse between a married person and someone

other than that person's current spouse or partner also : an act of adultery.

Adultery can be defined as “An intended sexual contact between two people of

opposite gender who are not married to each other under law”. In other
words Adultery is a physical relationship between a married man and a woman
who is not his wife or between a married woman and a man who is not her spouse.

39.Mention the two degrees of prohibited relationship

Section 5 (iv) of the Hindu Marriage Act, 1955 deals

prohibits marriage between persons who are within the prohibited degrees
of relationship with each other.

Two persons are said to be within the degrees of prohibited relationships:

 if one is a lineal ascendant of the other. For example a Daughter can not
marry her father and grandfather. Similarly, a mother can not marry her son
or grandson.


40.Define Alimony

In Hinduism, it is considered the spiritual duty of the husband to maintain

his wife and give her all the comforts. Under Section 24 of
the Hindu Marriage Act, 1955, both the wife and the husband are entitled to claim
maintenance from their spouse.

Under Section 25 of the Hindu Marriage Act, permanent alimony is provided by

the court to the wife or even to the husband for her or his support and maintenance.
... If the husband is disabled and is unable to earn and the wife is earning, then the
court grants alimony to the husband.

Section 25 of the Act states that the court can order the non-applicant to pay
maintenance to the applicant in form of a lump sum or monthly amount for his or
her lifetime. However, a party may not be eligible for maintenance if there are any
changes in their circumstances.

41.What is Mitakshara Coparcenary

In Mitakshara law, on the death of a coparcener, his interest became

merged with that of the surviving coparceners. ... It said that when a
male Hindu died after the Act came into force, his interest in a Mitakshara
coparcenary shall go to the surviving members of the coparcenary and not in
accordance with the Act.

It basically comprises of Father and his three lineal male successors or

descendants. In simple words, it includes the person himself, and his son, son's son,
and the son's son's sons from the time of their birth.

42.What is matrilineal joint family

Marumakkathayam was a system of matrilineal inheritance prevalent in what is

now Kerala, India. Descent and the inheritance of property was traced through
females. ... The joint family under the matrilineal system is known as Tharavad
and formed the nucleus of the society in Malabar.

A person's lineage is his or her line of ancestors. So matrilineal means basically

"through the mother's line", just as patrilineal means "through the father's line".
Matrilineality is an important concept in anthropology; among other things, it
usually determines who will inherit property on a person's death.

The definition of matrilineal is a relative, behavior or other characteristic that is

traced through a mother's lineage. An example of matrilineal is someone being
half Italian because their mother is Italian. Tracing descent only through female
lines. Kerala traditionally has matrilineal inheritance.

43.Define Minor under the Hindu Minority and Guardianship Act, 1956

Under the Hindu Minority and Guardianship Act, 1956, S.

4(b), minor means a person who has not completed the age of eighteen years.
A minor is considered to be a person who is physically and intellectually imperfect
and immature and hence needs someone's protection.

44.What is judicial separation u/s 10 of Hindu Marriage Act 1955? Can it end
the marriage of the parties forever?
Section 10 of the Hindu Marriage Act, 1955 provides the Judicial Separation
for both the spouse, those who are married under the Hindu Marriage Act,
1955. They can claim the relief of Judicial Separation by filing a petition.
Once the order is passed, they are not bound to have cohabitation.
Long answers

1. What do you understand by the concept of debt under Hindu Law and
explain various types of debts under Hindu Law
2. What is partition and reunion? Explain various types of partition
3. What are the grounds of seeking divorce under the Hindu Marriage
Act, 1955
4. Who can be Karta? What is his position? Explain the powers of a Karta
5. Explain the process of social change in India under Sanskritization,
Westernisation and modernization. What is the constitutional and legislative
effect by modernization after independence
6. What is Uniform Civil Code? Explain the connotations of the directive
under Article 44 of the Indian constitution. Mention the merits and
demerits of UCC
7. What are the requisites of a valid adoption under the Hindu Adoption and
Maintenance Act, 1956
8. Welfare of the minor is of paramount consideration, explain this statement
under Hindu Adoption and Maintenance Act, 1956.
9. Explain cruelty and desertion as grounds of divorce under Hindu Marriage
Act, 1955
10.Explain Divorce by mutual consent
11.Explain in detail when a Hindu wife is entitled to claim maintenance
from her husband under Hindu Adoption and Maintenance Act, 1956
12.Who are dependents? Discuss the general rules relating to the right of
maintenance of dependents.
13.What are the features of coparcenary under Mitakshara Law
14.Explain the schools of Hindu Law and sources of Hindu law
15.Distinguish between the decree of divorce and judicial separation and also
explain in detail cruelty and desertion as grounds for divorce
16.Describe maintenance as personal obligation and who are dependents? Also
discuss general rule as relating to right of Maintenance of dependents
17.Describe the law relating to Dowry according to Dowry Prohibition Act and
also explain Sec 498 A of IPC with reference to it
18.Who can become a guardian? Explain his powers and duties. Explain the
qualification and disqualification to become a guardian
19.Explain adoption. What are the requisites of valid adoption
20.Explain the process of social change in India under Sanskritization,
Westernisation, secularization, universalisation, industrialization and
urbanization.
21.Explain the provisions relating to Family Courts under the Family Courts
Act, 1984.
22.
Short questions

1. Restitution of conjugal rights under Hindu Law

2. Conditions for valid adoption
3. Permanent Alimony
4. Disqualification from inheritance
5. Sources of Hindu law
6. Sapinda Relationship
7. Coparcenary propery and separate property
8. Disqualification from inheritance
9. Pious obligation of a Hindu Son
10.Need for implementation of Uniform Civil Code
11.Ancestral Property
12.Stridhan and women’s estate
13.Partition and reunion
14.Karta – duties and powers
15.Schools under Hindu Law
16.Divorce by mutual consent
17.Partition
18.Damdupat
19.Joint Hindu Family
20.Ancestral property and separate property
21.Family court
22.Grounds of divorce
23.Adoption
24.Natural Guardianship
25.Permanent maintenance
26. Child marriage