Final FL RR

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FAMILY LAW II
DESCRIPTIVE QUESTION BANK

WITH ANSWERS
SEMESTER III OF LLB (3 YEARS COURSE)

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Q No. Questions Page

No.
1 Give two instances when two persons are said to be within 9
prohibited degree of relationship.
2 What is the presumption in case of simultaneous death 9
3 What is escheat 9
4 What is the jurisdiction of Family Court 10
5 State any two rights of a karta 10
6 What is the punishment for abetment of Sati 11
7 When is a person disqualified to act as a Natural Guardian 11
8 List any two conditions the contravention of which makes a 11
Hindu marriage void.
9 Difference between Patriarchal and Matriarchal family 12
10 State conditions when a Hindu Wife is entitled to live 12
separately from her husband without forfeiting her right to
maintenance
11 Short Note on Modernisation 13
12 Short Note on Dowry 14
13 Short Note on Vidhya Dhan and Stridhan 14
14 Short Note on Reunion (include requisites and effects) 15
15 Short Note on Family Court 15
16 Short Note on Maintenance of a Hindu Wife under HMA 16
17 Explain joint family property and separate property under 17
the two schools of Hindu Law.
18 Elucidate the different types of guardians. What are the 18
powers of a testamentary guardian
19 Enumerate the grounds of divorce available to a Hindu Wife 19
under Hindu Marriage Act, 1955
20 Briefly explain cruelty and conversion as grounds of divorce 20
21 Discuss the law relating to succession of a Hindu male dying 20
intestate under Hindu Succession Act, 1956
22 Explain the requisites of a valid adoption under Hindu 21
Adoption and Maintenance Act, 1956
23 Critically discuss Uniform Civil Code with relevant case laws 22
24 State the qualification of a family court judge 23
25 Give two rights of a karta 23
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27 What is the penalty for demanding dowry 23
28 Explain the term polygamy and polyandry 24
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29 What is partition 24
30 What is the effect of conversion in marriage 25
31 What is Uniform Civil Code ( UCC ) 25
32 State the difference between agnate and cognate 25
33 State two disqualifications to succession of property 26
34 State the punishment for glorification of sati 26
35 Write short note on Right to maintenance of a wife 26
36 Write short note on Rights of a co parcener 27
37 Write short note on reunion and reopening of partition 28
38 Write short note on child marriage 29
39 Explain the rules for succession of a Hindu male dying 29
intestate
40 Write short note on condonation and connivance as bars to 30
matrimonial relief
41 Explain separate property and modes of acquiring separate 31
property.
42 Ennumerate in detail the grounds available only to a wife for 32
divorce under Hindu marriage Act.
43 Explain cruelty and desertion as ground of divorce. 32
44 Discuss the term partition and enumerate the person who 33
have right to ask for partition.
45 Explain different types of guardian of a Hindu minor. 33
46 State the powers of guardians under Hindu Minority and 34
Guardianship Act,1956
47 Explain adoption by a unmarried female under HAMA 35
48 Explain the different types of family 35
49 Write a short note on Patriarchal and Matriarchal families 37
50 Discuss the doctrine of blending 37
51 Difference between Nuclear family and an extended family 38
52 Give two characteristics of a Joint Family 39
53 Explain the types of families based on lineage 39
54 Short note on Monogamous and Polygamous Family 40
55 Explain the term Bigamy 40
56 State the difference between Polygamy and Polyandry 41
57 What is considered as gains of learning under the Act of 1930 42
58 How is the term 'child' different from term 'minor' 42
59 What is the punishment when a male adult marries a child 43
60 Who is a Sati 43
61 What is the punishment for attempt to commit sati 44
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62 Explain Legal Provisions of Sati 44

63 Write a short note on Offence of giving and taking dowry 45
64 Write a short note on Legal Provisions to combat Dowry 46
65 What are the valid exceptions from imposition of penalty for 47
giving and taking dowry
66 State the penalty/punishment for giving and taking dowry 47
67 What is Sanskritization 48
68 What is meant by Westernisation 48
69 What is meant by Secularisation 49
70 Write a short note on Hindu Gains and Learning Act 50
71 What is meant by Industrialisation 51
72 What is meant by Urbanisation 51
73 State the objects of Family Courts Act 52
74 State the purpose of establishing Family Courts 53
75 What are objectives of Uniform Civil Code 53
76 What is the need to implement a Uniform Civil Code 53
77 State any two Judgements where Supreme Court emphasized 54
the need to have Uniform Civil Code
78 Write a short note on Schools of Hindu Law 54
79 Explain the character of Mitakshara & Dayabhaga Schools 55
80 What is the doctrine of factum valet 57
81 Marriage under Hindu law is not only a samskar but also a 58
contract, Explain
82 State any two ancient forms of marriage 58
83 Explain impartible estate and give 2 examples 59
84 What is the difference between half blood and uterine blood 59
85 When two persons are said to be related to each other by full 59
blood
86 When two persons are said to be related to each other by 59
half blood
87 When two persons are said to be within degrees of 59
prohibited relationship
88 What is meant by uterine blood 60
89 Write a short note on Sapinda Relationship 60
90 What are the essential conditions of a valid marriage under 60
HMA, 1955
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91 Briefly discuss the evolution of the institution of marriage & 61

discuss the conditions of a valid marriage under HMA, 1955.
How does non compliance with those conditions affect the
validity of a marriage
92 What is the Effect of minor marrying under the HMA 1955 62
93 State the difference between void and voidable marriages 62
94 What is meant by Saptapadi 63
95 What is Restitution of Conjugal Rights 64
96 Differentiate between a decree of Restitution of Conjugal 66
Rights and a decree of Judicial Separation
97 When can a spouse get a decree for restitution of Conjugal 67
Rights
98 When can a petition for restitution of Conjugal Rights be filed 67
99 Explain the constitutional validity of a decree for restitution 67
of conjugal rights with support of case laws
100 Differentiate between a divorce and Judicial Separation 68
101 Discuss void and voidable marriages and status of children of 68
void and voidable marriages
102 What are the grounds of voidable marriage under HMA. 69
Distinguish between Void and Voidable Marriage
103 Explain the grounds of divorce under HMA 70
104 What is Annulment of a Hindu Marriage 70
105 Explain adultery as a ground of divorce under HMA 70
106 What is constructive desertion 71
107 What is the effect of conversion in succession 71
108 Explain conversion, insanity and desertion as a ground of 72
divorce under HMA
109 Discuss in detail, the provisions relating to divorce by mutual 72
consent under HMA
110 SHORT NOTE ON divorce by mutual consent under HMA 73
111 What are bars to matrimonial relief? Explain with special 73
reference to Condonation and Accessory
112 Explain Connivance and Condonation 74
113 Discuss Accessory, Condonation and Collusion as bars to 75
matrimonial relief
114 Discuss the bars to matrimonial relief 75
115 Explain Maintenance pendente lite 76
116 What is Interim Maintenance 76
117 What are the rights of divorced wife to receive maintenance 77
under different personal laws
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118 Discuss Guardianship under Hindu Minority and 78

Guardianship Act
119 Define Guardianship and different kinds of guardians and 79
their powers
120 Write a short note on Natural Guardian and its powers 80
121 Who is a natural guardian of an adopted son 80
122 Define Guardian. State the disqualifications to act as a 81
guardian
123 What is the effect of conversion on the right of a guardian 81
124 What are the powers of a natural guardian over the minor's 82
property
125 Who is testamentary guardian 82
126 Who can appoint testamentary guardian 83
127 When does a testamentary guardian become entitled to act 83
as a guardian of the minor
128 Who are the powers of a testamentary guardian 84
129 What are the powers of a de facto guardian 84
130 Short Note on Maintenance 85
131 Who are capable of giving a child in Adoption 85
132 What is the object of Adoption 86
133 Elucidate the object of adoption under Hindu Law. Explain in 86
detail capacity of a female hindu to take in adoption
134 Explain in detail adoption by an unmarried male 87
135 Explain in detail capacity of a hindu female to take a 87
daughter in adoption
136 Explain in detail capacity of an unmarried hindu female to 87
take a son in adoption
137 Differentiate between adoptive mother and step mother 88
138 When is the guardian of a child capable of giving the child in 88
adoption
139 Who is eligible for adoption 89
140 Discuss the doctrine of relation back 89
141 What is the effect of a valid adoption 90
142 Discuss the Law relating to Maintenance of a Wife under 90
Hindu Adoption and Maintenance Act
143 Discuss the maintenance of a wife and a divorced wife under 91
Hindu Law
144 Write a Short Note on Maintenance of a Hindu widowed 91
daughter in law
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145 Who is a dependent? Discuss the general rules relating to the 92

right of maintenance of dependants
146 State the considerations which the courts will take in to 93
account in fixing the maintenance under Hindu Adoption and
Maintenance Act
147 Who are agnates 94
148 What is the difference between agnates and cognate 94
149 Write a short note on Marumakkattayam Law 94
150 The Hindu Succession (Amendment) Act, 2005 has given a 95
severe blow to the law of Mitakshara coparcenary. Critically
examine
151 Explain the general rules of Succession in case of a Hindu 95
Male
152 Write a short note on Class I heirs 96
153 Discuss the general rule of Succession under the Hindu 97
Succession Act relating to property of a Hindu Female dying
intestate
154 Write a short note on Rules of succession in the case of 98
female Hindus
155 Discuss the provision of the Hindu Succession Act governing 98
intestate succession to the property of a Hindu Female
156 Elucidate the concept of absolute property of a Hindu female 98
under Hindu Succession Act
157 What are the general rules of Succession 99
158 Write a short note on Rights of a child in mother's womb 100
159 What is the presumption in case of simultaneous death 100
160 Write a short note on Disqualification of an heir under the 100
Hindu Succession Act
161 Explain Testamentary Succession under Hindu Succession Act 101
162 The concept of joint hindu family under Mitakshara Law 101
163 What is Joint hindu family and coparcenary 102
164 Explain Coparceners and its Rights and Duties 103
165 Can a daughter be coparcener under Hindu Succession Act 104
166 Explain the position, powers and duties of a Coparceners 104
167 Explain Coparcenary system under Mitakshara School 106
168 What is apratibandha daya 106
169 What is Sapratibandha daya 107
170 What is obstructed heritage 107
171 What is coparcenary property 107
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172 What is ancestral property 108

173 Short note on Power of a Karta to start a new business 108
174 Short note on Power of a Karta 109
175 Explain the position of a Karta in a Hindu Joint Family and 110
enumerate in detail the powers of a Karta
176 Who can be a Karta of a joint family 111
177 What are the powers vested in a Karta regarding coparcenary 111
property
178 What are rights and liabilities of a Karta 111
179 What are the powers of a Karta regarding alienation of joint 112
property
180 Write a short note on Karta's power of alienation of 112
coparcenary property
181 Write a short note on Dayabhaga Law 113
182 What are the structural differences between Mitakshara and 113
Dayabhaga coparcenaries
183 Write a short note on Partition and re-union 114
184 What is Partition and it's effect 115
185 Explain in detail the modes of effecting partition 116
186 Who are the persons entitled to a share on Partition 116
187 Explain Partial Partition 117
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1) Give two instances when two persons are said to be within prohibited
degree of relationship.
As per Section 3(g) of the Hindu Marriage Act,1955 the prohibited degree of
relationship are:
i. if one is a lineal ascendant of the other
ii. if one was the wife or the husband of a lineal ascendant or descendant of the other
iii. if one was the wife of the brother or the father’s or mother’s brother or the
grandfather’s or grandmother’s brother of the other
iv. if two are brother and sister, uncle and niece, aunt and nephew, or children of
brother and sister or two brothers or two sisters
The relationship also includes:
a. Relationship by half or uterine blood as well as by full blood.
b. Illegitimate blood relationship as well as legitimate
c. Relationship by adoption as well as by blood.
2) What is the presumption in case of simultaneous death?
As per Sec 21 of the Hindu Succession Act, 1956, where two persons have died in
circumstances rendering it uncertain whether either of them, and if so which,
survived the other then, for all purposes affecting succession to property, it shall be
presumed, until the contrary is proved, that the younger survived the elder.
Therefore, the presumption in case of simultaneous death is that the younger

survived the elder. In other words, the presumption is that elder person died first.
3) What is escheat?
Section 29 embodies the principle of escheat. 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. Though
the property devolves on government in such an eventuality, yet the government
takes it subject to all its obligations and liabilities. The state in other words does not
take the property "as a rival or preferential heir of the deceased but as the lord
paramount of the whole soil of the country", as held in State of Punjab v. Balwant
Singh [(1992) Suppl (3) SCC 108].
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4) What is the jurisdiction of Family Court?
Section 7 of the Family Courts Act, 1984, confers the same power and jurisdiction on
the family courts as exercised by the District Court or Subordinate Civil Courts in
their suits and proceedings. The nature of suits and proceedings include
(1) For the decree of nullity of marriage, or restitution of conjugal rights, or for the
dissolution of the marriage between the parties
(2) For determining the validity of a marriage or matrimonial status of a person
(3) In the matter related to the properties between the parties to a marriage
(4) For an injunction or order arising out of a marriage
(5) For declaring the legitimacy of a person;
(6) For maintenance;
(7) For the guardianship of the person, or custody of any minor.
Under Section 7(2), the family courts have also the power to exercise a jurisdiction
which is exercised by a Magistrate of the first class under Chapter IX of the Code of
Criminal Procedure, 1973 and such other jurisdiction as provided by any other
enactment.
5) State any two rights of a karta?
The rights of a Karta include:
(1) Powers of Management which is absolute
(2) Rights to Income or Remuneration and Expenditure
(3) Rights to Represent Joint Family
(4) Right to Compromise matters relating to disputes on management and family

property
(5) Power to refer a Dispute to Arbitration
(6) Power to Contract Debts
(7) Power to enter into Contracts
(8) Power of Alienation
(9) Any matter of legal necessity for the joint family

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6) What is the punishment for abetment of Sati?
As per Sec 4 of The Commission of Sati (Prevention) Act, 1987 –
(1) Notwithstanding anything contained in the Indian Penal Code, if any person
commits sati, whoever abets the commission of such sati, either directly or indirectly,
shall be punishable with death or imprisonment for life and shall also be liable to fine.
(2) If any person attempts to commit sati, whoever abets such attempt, either directly
or indirectly, shall be punishable with imprisonment for life and shall also be liable to
fine.
7) When is a person disqualified to act as a Natural Guardian?
As per Sec 6 of the Hindu Minority and Guardianship Act, 1956, the following are
disqualified to be a Natural Guardian
(1) If such a person has ceased to be a Hindu
(2) if such a person has completely and finally renounced the world by becoming a
hermit (vanaprastha) or an ascetic (yati or sanyasi)
(3) If such a person is the step-father
(4) If such a person is the step-mother
8) List any two conditions the contravention of which makes a Hindu marriage
void.
The conditions, contravention of which makes a Hindu marriage void are:
(1) Neither party should have a spouse living at the time of marriage
(2) Neither party should be suffering from unsoundness of mind, mental disorder or
insanity such as would make him or her incapable of giving a valid consent or make
him or her unfit for marriage and the procreation of children
(3) The bridegroom should be at least 21 years of age and the bride at least 18 years
of age
(4) The parties should not be within the degrees of prohibited relationship unless a
custom or usage governing each of them permits such a marriage
(5) The parties should not be sapindas of each other unless a custom or usage
governing each of them permits such a marriage.
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9) What is the difference between Patriarchal and Matriarchal family?
(1) In a patriarchal family, the Father or the eldest male is considered to be the
head of the family i.e. all authority rests in him. In a matriarchal family, the
Mother is considered to be the head of the family i.e. all authority rests in her.
(2) A patriarchal family follows a patrilineal system of lineage i.e. the descent
is traced through the father’s line. A matriarchal family follows a matrilineal
system of lineage i.e. the descent is traced through the mother’s line.
(3) In a patriarchal family married couple lives with the husband’s family i.e.
residence after marriage is patrilocal. In a matriarchal family married couple
lives with the wife’s family i.e. residence after marriage is matrilocal.
(4) In a patriarchal family, the name of the father’s side continues to the next
generation i.e. it is patronymic. In a matriarchal family, the name of the
mother’s side continues to the next generation i.e. it is matronymic.
(5) Patriarchal families are most commonly found across the world and in
India. Matriarchal families are far less common and is found, in India, among
the Nairs in Kerala and the Khasi and Garo tribes of North-East India.
10) State any two conditions when a Hindu Wife is entitled to live separately
from her husband without forfeiting her right to maintenance.
As per Sec 18 (2) of the Hindu Adoptions and Maintenance Act, 1956 a Hindu wife
shall be entitled to live separately from her husband without forfeiting her claim to
maintenance in any of the following situations:
(a) if he is guilty of desertion
(b) if he has treated her with such cruelty as to cause apprehension that it will be
harmful or injurious to live with her husband
(c) if he is suffering from a virulent form of leprosy
(d) if he has any other wife living
(e) if he keeps a concubine in the same house or habitually resides with a concubine
elsewhere
(f) if he has ceased to be a Hindu by conversion
(g) if there is any other cause justifying her living separately.

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11) Write a Short Note on Modernisation
Modernisation refers to a model of a progressive transition from a 'pre-modern' or

'traditional' to a 'modern' society. Modernization is a process by which modern
scientific knowledge is introduced in the society with the ultimate purpose of
achieving a better and more satisfactory life among the people in the society.
Modernisation is in contrast to traditionalism which resists change and advocates
strict adherence to ancient traditions and customs
Modernization is characterized by –
(1) A rational and scientific world view and disposition to accept new ideas and try
new methods.
(2) Growth and increasing application of science and technology.
(3) Willingness to express and accept opinions.
(4) Greater emphasis on present and future than on the past
(5) Improved planning, organisation and efficiency
(6) An open socio-political set-up and progressive society
(7) Greater sense of punctuality
In independent India Modernisation was introduced in the Gandhi-Nehruvian era and

developed embracing changes in education, culture, agriculture, medicine, science
and communication technology, employment opportunity, social and national security
etc.
Daniel Lerner defines modernisation as the process of change whereby less

developed societies acquire characteristics common to the more developed. Cyril E.
Black considers new knowledge and its application to human affairs as the basis for
modernisation. David Mclelland considers achievement-orientation and self-reliance
as hallmarks of modernisation. Edward Shils opines that modernisation is
accompanied by skill-development and creative spirit. Alex Inkeles concludes that
modern man undergoes changes in attitude and personality, irrespective of his
cultural origin.
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12) Write a Short Note on Dowry
Dowry is an ancient Indian system entailing the payment in cash or kind by a bride’s
family to the bridegroom’s family at the time of giving away the bride. Dowry is
related to the ancient Hindu customs of ‘Kanyadan’ and ‘Stridhan’. Notwithstanding
the various explanations given for this system, dowry has been recognised as a
social evil though it was deeply rooted in Indian culture. Unfortunately, its prevalence
is across social and economic segments and classes of society.
As the evils of dowry began to assume enormous proportions, the Dowry Prohibition
Act was passed in 1961 to combat this social evil. Important amendments were also
made in the Indian Penal Code (IPC) and the Indian Evidence Act. Thus, Section
498-A of IPC deals with punishment for cruelty to the wife by the husband and his
relatives while Sec 304-B provides stringent punishments for dowry deaths.
13) Write a Short Note on Vidhya Dhan and Stridhan
Vidhya Dhan refers to the self-acquired property through the gains of learning or
gains of science. The term learning signifies education, whether elementary,
technical, scientific, special or general, and training of every kind which is usually
intended to enable a person to pursue any trade, industry, profession or a vocation in
life. The term gains of learning means all acquisitions of property made substantially
by means of learning.
Prior to 1930, income earned by a member of a joint family by the practice of a

profession or occupation requiring a special training imparted at the expenses of the
joint family property was considered to be joint family property. The Gains of
Learning Act, 1930 laid down that such property would be the acquirer’s.
As per Hindu Law, Stridhan is whatever a women receives during her life time.
Stridhan includes all movable, immovable property gifts etc received by women prior
to marriage, at the time of marriage, during child birth and during her widowhood.
Stridhan includes, among other things the following:
(1) Gifts made to a woman before the nuptial fire.
(2) Gifts made to a woman at the bridal procession
(3) Gifts made in token of love by father-in-law, mother-in-law
(4) Gifts made by father, mother and brother
Stridhan belongs exclusively to the woman and cannot be absorbed even by her
husband.
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It is pertinent to note the difference between dowry and stridhan. The domestic law
perceives dowry as any property or valuable security given or agreed by the bride’s
side to the family of the bridegroom before, during or after marriage, by exploiting or
threatening the girl or her family while Streedhan is a voluntary gift given by
members of the bridal side to the bride as a stepping stone to establishing her own
property. There are strict Streedhan laws and the grooms’ side may face stringent
action under Section 405 & 406 of the Indian Penal Code if they deny returning
wealth when claimed.
14) Write a Short Note on Reunion (include requisites and effects)
Reunion is a process by which two or more members of a Hindu family, after having
become separate, reunite in such a way as to constitute a joint family.
Under the Mitakshara system there are two requisites for a valid reunion:
(1) The parties to the reunion amongst a Hindu family must have been parties to the
original partition.
(2) A member of a joint family, once separated, can reunite only with his –
(i) father
(ii) brother
(iii) paternal uncle
The effects of the reunion are –
(1) The status quo ante if fully restored
(i) both community of interest and unity of possession get revived after reunion
(ii) the reunited coparceners will not be tenants-in-common, but will have rights of
survivorship inter se and their children become coparceners with them.
15) Write a Short Note on Family Court
Family Courts are established by the State Government under the Family Courts Act,
1984. One Family Court is established for every town or city with a population of one
million or more though the State Government may also establish for other areas as it
deems necessary.
Judges of Family Courts are appointed by the State Government among those who
have the necessary qualifications which are;
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(1) 7 years experience as judicial officer / member of a Tribunal or any post under
the Government requiring special knowledge of laws or
(2) 7 years as Advocate of High Court or
(3) possessing such other qualifications as the Central Government may prescribe
with the concurrence of the Chief Justice of India
Additionally the person should be committed to protect and preserve the institution of
marriage and to promote the welfare of children.
Section 7 of the Family Courts Act, 1984, confers the same power and jurisdiction on
the family courts as exercised by the District Court or Subordinate Civil Courts in
their suits and proceedings. The nature of suits and proceedings include
(1) For the decree of nullity of marriage, or restitution of conjugal rights, or for the
dissolution of the marriage between the parties
(2) For determining the validity of a marriage or matrimonial status of a person
(3) In the matter related to the properties between the parties to a marriage
(4) For an injunction or order arising out of a marriage
(5) For declaring the legitimacy of a person;
(6) For maintenance;
(7) For the guardianship of the person, or custody of any minor.
Under Section 7(2), the family courts have also the power to exercise a jurisdiction
which is exercised by a Magistrate of the first class under Chapter IX of the Code of
Criminal Procedure, 1973 and such other jurisdiction as provided by any other
enactment.
16) Write a Short Note on Maintenance of a Hindu Wife under Hindu Marriage
Act
Sections 24 and 25 of the Hindu Marriage Act deals with the provisions of allowing
pendente lite and permanent maintenance respectively.
Under Sect 24 of the Act, if the court considers fit and is satisfied that the wife does
not have an independent income, then it can order the respondent to pay to the
petitioner the expenses of the proceeding, and a monthly sum as may seem
reasonable, taking into account the petitioner’s own income and the income of the
respondent.
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Sec 25 of the Act deals with the granting of alimony on a permanent basis. The
court may at the time of passing any decree or subsequently, on application made to
it order that the respondent to pay the applicant for her maintenance and support
such gross sum or such monthly or periodical sum, as seems to be just, for her life
time factoring in –
(1) the respondent’s own income and other property, if any
(2) the income and other property of the applicant
(3) the conduct of the parties and other circumstances of the case
Any such payment may be secured, if necessary, by a charge on the immovable

property of the respondent.
It is pertinent to note that these two sections provide for maintenance to either of the
spouses.
The court may vary or rescind the order if there is a change in the circumstances or if
the petitioner remarries or has not remained chaste.
17) Explain joint family property and separate property under the two schools
of Hindu Law.
Ans:
Joint family property is that property in which every coparcener has a joint interest
and joint possession. It includes:
(1) ancestral property
(2) separate property of coparceners thrown into common stock
(3) property jointly acquired with the aid of ancestral property
Separate property is that property which belongs exclusively to the person even if he
is a member of a joint family. Any property acquired by gains of learning is treated as
separate property. The main points of distinction between joint family property and
separate property are:
(1) Joint family property devolves by survivorship while separate property devolves
by succession
(2) In joint family property all coparceners have community of interest and unity of
possession whereas in separate property others in the family have no interest,
(3) Newborns, upto three generations below, acquire interest in joint family property
whereas no one acquires interest in separate property by birth.
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(4) Prior to 1956, a coparcener could not dispose of his undivided interest in joint
family property by a will whereas separate property could be disposed of by a will.
(5) A coparcener cannot gift his undivided interest in joint family property without
consent of other coparceners but owner of separate property can freely gift his
property.
(6) Subject to some exceptions, a coparcener cannot sell or mortgage his undivided
interest in the joint family property whereas owner of separate property is free to do
so.
(7) Joint family property can be partitioned whereas there is no question of

partitioning separate property.
Dayabhaga School of Law does not differentiate between joint family property or
ancestral property and separate property since the concept of property is based on
inheritance only.
18) Elucidate the different types of guardians. What are the powers of a
testamentary guardian?
Ans:
The Hindu Minority and Guardianship Act, 1956, mentions the following types of
guardians:
(1) a natural guardian – the father followed by the mother. It is the mother if the child
is illegitimate. It is the husband for a minor married girl.
(2) a guardian appointed by the will of the minor’s father or mother (Testamentary
Guardian)
(3) a guardian appointed or declared by a court – District Court has the power to
appoint or declare a guardian in respect of the person as well as separate property
of the minor and the minor’s welfare is the paramount consideration.
(4) a person empowered to act as such by or under any enactment relating to any
Court of wards.
There are two other types of guardians, existing under Hindu law, de facto
guardians, and guardians by affinity.
A Testamentary Guardian’s powers are wide and the same as the natural guardian.
Under the old uncodified law, a testamentary guardian could deal with the minor’s
property subject only to the restrictions in the will. As per the Act, his rights are now
curtailed and his rights are subject not only to the restrictions in the will but also the
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provisions in Sec 8 of the Act. Thus, for instance, mortgage or charge, or transfer of
any part of a minor’s immovable property would require permission of the court.
The De facto Guardian undertakes the general management and care and custody
of the minor on his own. Such persons are relatives or friends or the well wishers of
the minor and take this work out of love and affection for the minor.
19) Enumerate the grounds of divorce available to a Hindu Wife under Hindu
Marriage Act, 1955
There are 16 grounds on which divorce can be sought by a wife. 12 grounds are
available to either spouse and these are:
(1) Adultery
(2) Cruelty
(3) Desertion (not less than 2 years)
(4) Conversion to another religion
(5) Insanity
(6) Leprosy
(7) Venereal Disease
(8) Renunciation of the world
(9) Not heard of as being alive for at least 7 years
(10) Non-resumption of cohabitation for at least 1 year after decree of separation
(11) No restitution of conjugal rights for at least 1 year after decree for restitution
(12) Divorce by mutual consent
The following 4 grounds are available only to the wife
(1) Bigamy
(2) Rape, Sodomy or Bestiality
(3) No cohabitation for at least 1 year after decree or order awarding maintenance
(4) Repudiation, before the age of 18, of marriage solemnised when she was below
15 years of age.
20
20) Briefly explain cruelty and conversion as grounds of divorce.
Ans:
Cruelty may be brutal or subtle. It may be physical or mental. Cruelty refers to

“conduct of such a character as to have caused danger to life, limb or health (bodily
or mental) or as to give rise to a reasonable apprehension of such danger” as
observed in Russel v. Russel (1897 A.C. 395). In Kalpana Srivastava v. Surendra
Nath (AIR 1985 All. 253), the court held that not preparing tea for husband and his
friends causing humiliation to husband, lodging false police complaints and
terminating pregnancy without husband’s consent all constituted gross mental
cruelty.
Conversion to another religion would not include conversion to the religions included
under Hinduism for purposes of the Hindu Marriage Act, 1955. Neither will a person
cease to be a Hindu by merely being admirer of another religion. There must be a
clear act of renunciation of the Hindu faith and a formal conversion to the other
religion.
21) Discuss the law relating to succession of a Hindu male dying intestate
under Hindu Succession Act, 1956.
Ans:
The heirs of Hindu male fall under the following categories:-
1) Firstly the Class I heirs (includes Mother, Widow, Daughter, Son, Widow of a
predeceased son etc.)
2) Secondly , if there is no Class I heir, the Class II heirs (divided into 9 sub-
sections. Father is a Class II heir in sub-section I. Brother and Sister are
included in sub-section II). Higher sub-sections take precedence. Thus, sub-
section II will come into the picture only if there is no one in sub-section I and
so on)
3) Thirdly, if there are no Class I or II heirs, Agnates (related by blood or

adoption wholly through males).
4) Fourthly if there are no Class I or II heirs or Agnates, Cognates (related by

blood or adoption but not wholly through males.)
5) Lastly, if there are no legal heirs Government (this is known as escheat).

21
The division of property among Class I heirs will be as under:
(1) 1 share each to widow (1 share total for all widows if more than one),
mother, sons and daughters.
(2) heirs in the branch of each pre-deceased son or daughter shall take 1 share
between them. Within them the share distribution will be on the same lines as
above as at (1) above.
Sections 12 & 13, deal with the rules relating to succession among agnates
and cognates. The rules are:
(1) Of two heirs the one who has fewer or no degrees of ascent is preferred
(2) If degrees of ascent is the same the one with fewer degrees of descent is
preferred
(3) If neither heir has a preference then they will take simultaneously.
22) Explain the requisites of a valid adoption under Hindu Adoption and
Maintenance Act, 1956.
Ans:
Requisites for the child to be adopted
(1) Person to be adopted should be a Hindu
(2) Person to be adopted should be unmarried, unless custom or usage permits a

married person to be adopted
(3) Person to be adopted has not already been adopted
(4) Person to be adopted should be less than 15 years of age unless custom or
usage permits adoption at more than 15 years of age
(5) Person adopting should have the capacity and also the right, to adopt
(6) Person giving in adoption should have the capacity to do so
(7) Person adopted should be capable of being taken in adoption
(8) The adoption should be in compliance with all the conditions of the Act
(9) Person adopting should be of sound mind and not be a minor. If male, he must
take his wife’s consent for the adoption.
22
(10) A female Hindu who is not married or a widow or one whose marriage has been
dissolved or one whose husband has ceased to be a Hindu or husband has
renounced the world
(11) In case the adoption is of a son, the adoptive mother or father should not have a
Hindu son, son’s son or son’s son’s son living at the time of adoption.
(12) In case the adoption is of a daughter, the adoptive father or mother should not
have a Hindu daughter or son’s daughter living at the time of adoption.
(13) The adoptive father should be at least twenty-one years older than the person to
be adopted if that person is a female.
(14) The adoptive mother should be at least twenty-one years older than the person
to be adopted if that person is a male.
23) Critically discuss Uniform Civil Code with relevant case laws.
Ans:
A Uniform Civil Code (UCC) means that all sections of the society irrespective of
their religion shall be treated uniformly according to a national civil code covering
areas like marriage, divorce, maintenance, inheritance, adoption and succession.
Article 44 of the Constitution requires the State to strive to secure for its citizens a
UCC throughout India. However, but for codification of laws applicable to Hindus, not
much has happened in this regard.
Different personal laws promote communalism and it leads to discrimination at two

levels. First, between people of different religions and second gender discrimination.
UCC will provide women with the right to equality and justice in courts of law,
irrespective of their religion in matters pertaining to marriage, divorce, maintenance,
custody of children, inheritance rights, adoption, etc. It will thereby promote national,
integration, secularism and simplification of laws with lesser burden on the legal
system. Goa already has a UCC viz. the Portuguese Civil Code, 1867.
The Supreme Court has repeatedly exhorted the government to initiate steps
towards a UCC.
(1) In the Shah Bano case [Md. Ahmed Khan v. Shah Bano Begum (AIR 1985 SC
945)], upheld the right of a poor, old Muslim women’s right to maintenance under
Sec 125 of Cr.P.C. However, in the wake of widespread protests and disturbances,
the government passed the Muslim Women’s (Protection of Rights in Divorce) Act,
1986 effectively nullifying the decision of the apex court.
23
(2) In the Sarla Mudgal case [Sarla Mudgal v. Union of India (AIR 1995 SC 153)], the
court held that a second marriage by a Hindu man, solemnized after converting to
Islam would be an offence under section 494 of the Indian Penal Code (bigamy).
(3) In Danial Latifi vs. Union of India [(2001) 7 SCC 740], the Muslim Women’s Act
(MWA) was challenged as being unconstitutional. The Supreme Court while holding
the law as constitutional, harmonised it with section 125 of CrPC.
(4) In John Vallamattom v. Union of India (AIR 2003 SC 2902), the court struck down
Sec 118 of the Indian Succession Act as it imposed unreasonable restrictions only
on Christians in matter of religious charitable bequests.
24) State the qualification of a family court judge.
Ans:
The required qualifications of a Family Court judge are:
(1) 7 years experience as judicial officer / member of a Tribunal or any post under
the Government requiring special knowledge of laws or
(2) 7 years as Advocate of High Court or
(3) possessing such other qualifications as the Central Government may prescribe
with the concurrence of the Chief Justice of India
Additionally the person should be committed to protect and preserve the institution of
marriage and to promote the welfare of children.
25) Give two rights of a karta.
Covered in Qs. 5 on pages 2-3
27) What is the penalty for demanding dowry?
Ans:
The penalty for demanding dowry is imprisonment for a term of not less than six
months extending upto two years and a fine upto Rs. 10,000. However, for adequate
and special reasons to be mentioned in the judgment, the Court may impose a
sentence of imprisonment for a term of less than six months.
24
28) Explain the term polygamy and polyandry?
Ans:
Polygamy is defined as marriage between one person and two or more spouses
simultaneously. It exists in two main forms:
(1) polygyny, where one man is married to several women, and
(2) polyandry, where one woman is married to several men.
A third form, group marriage between several men and women, is rare. Polygyny i.e.
where one man is married to several women is the most common form of polygamy.
29) What is partition?
Ans:
Partition is the intentional severance of coparcenary property by members of a joint

family. In Raghavamma v. Chenchamma (AIR 1964 SC 136), The Supreme Court
laid down that there should be an intimation, indication or representation of the
intention to separate. The partition, under Mitakshara law, entails the defining of
shares of the coparceners in the joint property. It is not necessary that there should
be an actual division of property by metes and bounds. Once the shares are defined
there is a severance of the joint status but the property ceases to be joint and the
parties hold it as tenants in common and the right to take it by survivorship is
extinguished. Each member’s share will thereafter devolve by succession.
When the joint family property is being divided it is important that the liabilities
attached to it should be cleared. These include:
(1) Debts
(2) Maintenance for those who are not coparceners but entitled to maintenance like
unmarried sisters, mother, grandmother etc.
(3) Provision for marriage expenses of unmarried daughter
(4) Provision for performance of ceremonies

25
30) What is the effect of conversion in marriage?
Ans:
The effect of conversion on a Hindu Marriage are:
(1) It is a ground for seeking judicial separation or divorce by the other party to the
marriage
(2) It is a ground for the other party to stop paying any maintenance as conversion
entails the relinquishment of the right to maintenance
(3) It takes away the right to be a natural guardian of a Hindu minor.
(4) It restricts the inheritance rights. While the person will continue to inherit share of
ancestral property his descendants will lose inheritance rights. In a number of cases
regarding inheritance courts have held that the right of inheritance will be decided by
the religion at the time of the person’s birth.
31) What is uniform civil code?
Covered in Qs. 23 on pages 12-13
32) State the difference between agnate and cognate.
The terms agnate and cognate are defined in Sections 3 (a) and 3 (c) of the Hindu
Succession Act, 1956, respectively.
One person is said to be an “agnate” of another if the two are related by blood or
adoption wholly through males.
One person is said to be a “cognate” of another if the two are related by blood or
adoption but not wholly through males.
Under the Hindu laws of succession, the order of succession among agnates or
cognates, as the case may be, shall be determined in accordance with the rules of
preference laid down hereunder: (1) Rule 1 — Of two heirs, the one who has fewer
or no degrees of ascent is preferred.
(2) Rule 2 — Where the number of degrees of ascent is the same or none, then that
heir is preferred who has fewer or no degrees of descent.
(3) Rule 3 — Where neither heirs is entitled to be preferred to the other under Rule 1
or Rule 2 they take simultaneously.
26
33) State two disqualifications to succession of property?
Ans:
(1) Sec 25 of the Hindu Succession Act, 1956 provides that a person who commits
murder or abets the commission of murder will be disqualified from inheriting -
(i) the property of the person murdered; or
(ii) any other property which he may become entitled to succeed by reason of
the succession resulting from the murder
The above disqualification applies to succession only to the estate of a deceased

which has been altered or accelerated by the murder and not to any other estate.
(2) Sec 26 of the Act provides that if a Hindu ceases to be a Hindu by conversion to
another religion, children born to him/her after the conversion and their descendants
are disqualified from inheriting the property of any of their Hindu relatives.
34) State the punishment for glorification of sati
Ans:
In terms of Sec 5 of the Commission of Sati (Prevention) Act, 1987, the punishment
for the glorification of sati is imprisonment for a term between 1 year and 7 years and
fine between Rs. 5,000 and Rs. 30,000.
In terms of Sec 8 (1), where the Collector or the District Magistrate has reason to
believe that any funds or property have been collected or acquired for the purpose of
glorification of the commission of any sati or which may be found under
circumstances which create suspicion of the commission of any offence under this
Act, he may seize such funds or property.
35) Write short note on Right to maintenance of a wife
In terms of Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu
wife shall be entitled to be maintained by her husband during her life time. In fact,
she will be entitled to live separately from her husband without forfeiting her claim to
maintenance, (a) If he is guilty of desertion, (b) if has treated her with such cruelty so
as to cause a reasonable apprehension in her mind that it will be harmful or injurious
to live with her husband. (c) If he is suffering from a virulent form of leprosy (deleted
by 2019 Amendment). (d) If he has any other wife living. (e) If he keeps a
concubine in the same house in which his wife is living or habitually resides with a
concubine elsewhere. (f) If he has ceased to be a Hindu by conversion to another
religion. (g) If there is any other cause justifying living separately.
27
Sections 24 & 25 of the Hindu Marriage Act, have provisions for maintenance
pendente lite and permanent alimony & maintenance respectively. The sections
provide the guidelines for determining the sum to be paid as maintenance. (Add
some more situation/explanation).
36) Write short note on Rights of a co parcener
Ans:
The following are the fourteen main rights of a coparcener:
(1) Community of interest & unity of possession – No coparcener entitled to

exclusive possession
(2) Share of income – Whole income of joint family property has to be brought to
common purse
(3) Joint possession and enjoyment
(4) Right against exclusion from joint family property
(5) Right of maintenance and other necessary expenses
(6) Right to restrain improper acts
(7) Right to enforce partition
(8) Right to account – No right to ask for accounts from Manager unless suing for
partition
(9) Right of alienation – Cannot dispose of his undivided interest by gift or for value.
But creditor with decree against coparcener personally to sell undivided interest can
have interest separated
(10) Right to impeach unauthorised alienations
(11) Right to renounce interest in coparcenary property
(12) Right to survivorship if another coparcener dies
(13) Right to make self-acquisition and keep as self-acquired property
(14) Right to manage – A right of the senior-most member

28
37) Write short note on reunion and reopening of partition
become separate, reunite in such a way as to constitute a joint family.
Under the Mitakshara system there are two requisites for a valid reunion:
(1) The parties to the reunion amongst a Hindu family must have been parties to the
original partition.
(2) A member of a joint family, once separated, can reunite only with his –
(i) father
(ii) brother
(iii) paternal uncle
The effects of the reunion are –
(1) The status quo ante is fully restored
(i) both community of interest and unity of possession get revived after reunion
(ii) the reunited coparceners will not be tenants-in-common, but will have rights of
survivorship inter se and their children become coparceners with them.
Under normal circumstances a partition cannot be reopened. However, a partition

can be reopened under the following circumstances:
(1) If a coparcener has fraudulently obtained an unfair advantage in the division
(2) Child in womb or conceived and born after partition. If conceived after the
partition the unborn child, when born, can reopen if his father has not received a
share for himself
(3) Adopted son
(4) Disqualified Coparcener – disqualified coparcener, after recovering from his

disqualification can call for the reopening of the partition
(5) Absentee Coparcener – one who was absent at the time of the partition can seek
reopening
(6) Minor coparcener – If his interests were squandered at the time of partition
(7) When some properties were left out
(8) If distribution unequal

29
38) Write short note on child marriage.
Ans:
Child marriage is a gross violation of human rights of children. Though it destroys the
right to wholesome development of both sexes but the repercussions are more
seriously detrimental for the girl children involved. Child marriage is both a cause
and consequence of gender violence thus forming a vicious circle of perpetual
inequalities. It results in violation of human rights with grave unwarranted
consequences like early spousal cohabitation resulting in premature sexual relations,
early pregnancies, malnutrition, infant and maternal mortalities, deprivation of
educational and employment opportunities etc.
Efforts to bring about social reform to end this practice was undertaken by the
Brahmo Samaj led by Raja Ram Mohun Roy and the Arya Samaj led by Swami
Dayanand Saraswati. In 1929 the Child Marriage Restraint Act was passed but it
was not adequate to address the issue.
Finally the Prohibition of Child Marriage Act was passed in 2006 and this Act laid
down a minimum age of 21 years for boys and 18 years for girls and, as per Sec 3 of
the Act, marriages not in conformity with the age requirements were made voidable
at the option of the party who was a child at the time of the marriage.
As per Sec 12 child marriages are null and void in certain situations. The Act
provides for punishments to male adults contracting a child marriage, for performing,
directing, conducting or abetting a child marriage, for promoting or permitting the
solemnization of a child marriage as parent/guardian and for wilful disobedience of
an order restraining child marriage. The Act specifically excludes women from
punishment. Sec 16 provides for the appointment of Child Marriage Prohibition
Officers to tackle this menace.
39) Explain the rules for succession of a Hindu male dying intestate
Covered in Qs 21 on page 11.

30
40) Write short note on condonation and connivance as bars to matrimonial

relief
The bars to matrimonial relief are:
(1) Accessory
(2) Connivance
(3) Condonation
(4) Collusion
(5) Delay
(6) Any other legal grounds
These bars on matrimonial relief are based on the Doctrine of ‘Equity’ which means
“one who comes to equity must come with clean hands”. In every petition for any
matrimonial relief, the burden of proof is on the petitioner. He/she has to prove that
relief is not sought to take any advantage of his/her wrongdoing. To succeed a
petition must be bona fide and not filed with an ulterior motive.
Being an accessory means the petitioner is acting as an accomplice in the

commission of the crime which has formed the basis for the petition. It most
commonly applies in cases of adultery.
Connivance, while being similar to accessory, is different in that in the case of

connivance, there is no involvement as an accomplice. For example- If a husband
proposes to the wife that she can make money by illicit intercourse and the wife
agrees to the proposal, then the husband is guilty of connivance, even though he
hasn’t participated in any way.
Condonation is when the act has been overtly or impliedly condoned. If so, a relief
cannot be granted. For example, resumption of cohabitation and marital intercourse
after full knowledge of the respondent’s adultery may amount to condonation.
All the above three are covered in Sec 23 (1) (b) of the Hindu Marriage Act, 1955.
31
41) Explain separate property and modes of acquiring separate property.
Ans:
Separate or self-acquired property is that property which is not joint property even
though the owner of the property may be part of a Hindu Undivided Family. Hence
such property devolves by succession and not by survivorship as in the case of joint
family property.
The modes of acquiring separate property, by a Hindu, are:
(1) Property inherited as obstructed heritage i.e. property inherited from any person
other than his father, father’s father or father’s father’s father.
(2) Property acquired by his own exertions without the aid of joint family property
(3) Property obtained as that individual’s share on partition of joint family
(4) Property devolving on a sole surviving coparcener provided there is no widow

with a child in the womb or with a power to adopt
(5) Property obtained under a will, or by gift, unless given by father, father’s father or
father’s father’s father for the benefit of the family and not exclusively for himself.
(6) Ancestral movable property received as gift from father out of affection &
provided it is within reasonable limits
(7) Property obtained under Government grant unless the grant is for benefit of
family and not exclusively to him
(8) Ancestral property lost to the family and in possession of strangers but recovered
by coparcener without aid of any other coparcener and without using coparcenary
funds. If movable property he takes exclusively. For immovable property if the
recovering coparcener is the father, he takes full but if any other coparcener he takes
1/4th as reward. Remainder is shared by all including him.
(9) Original ancestral property alienated by the family and later purchased by
member out of own funds
(10) Gains of learning (property acquired through income because of his special
education)
(11) Impartible property and savings from such property
(12) Income of separate property and property acquired through such income or by
selling it.
32
42) Ennumerate in detail the grounds available only to a wife for divorce under
Hindu marriage Act.
Ans:
There are four grounds for divorce available only to the wife and these are:
(1) Bigamy – That is if the husband marries again
(2) Rape, Sodomy or Bestiality – If the husband has been guilty of any of these
offences
(3) No cohabitation for at least 1 year after decree or order awarding maintenance
(4) Repudiation of the marriage – If the marriage was solemnised before the wife
attained 15 years of age and she has repudiated the marriage after attaining that age
but before attaining age of 18 years.
43) Explain cruelty and desertion as ground of divorce.
Ans:
Cruelty may be brutal or subtle. It may be physical or mental. Cruelty refers to

“conduct of such a character as to have caused danger to life, limb or health (bodily
or mental) or as to give rise to a reasonable apprehension of such danger” as
observed in Russel v. Russel (1897 A.C. 395). In Kalpana Srivastava v. Surendra
Nath (AIR 1985 All. 253), the court held that not preparing tea for husband and his
friends causing humiliation to husband, lodging false police complaints and
terminating pregnancy without husband’s consent all constituted gross mental
cruelty.
Desertion refers to the other party having deserted the petitioner for at least two
years. Desertion has however, not been defined. In Pulford v. Pulford (1923 p. 18) it
was established that desertion is “a withdrawal, not from a place, but from a state of
things.” Courts have clarified that the term desertion means desertion of the
petitioner by the other party to the marriage without reasonable cause and without
the consent or against the wish of such party, and includes the wilful neglect of the
petitioner by the other party. A leading case in this regard is Bipin Chander v.
Prabhawati (1956 SCR 838).
33
44) Discuss the term partition and enumerate the person who have right to ask
for partition.
Ans:
Under the Hindu law, partition means a division of property of a Joint Hindu family in
order to give separate conferment of status on the undivided coparceners. Under the
Mitakshara school, partition means severance of status or interest and actual
division of property in accordance with the shares by metes and bounds. Under
Dayabhaga law, partition means only division of property by metes and bounds.
Partition can be full or partial. Under the partial partition all the assets owned by the
HUF are not distributed or division respect to some of the members and not all the
members while other members continue to remain members of the HUF. A full partial
partition is when all the assets are partitioned for all the members and the HUF
comes to an end.
Partition can be effected by various modes like agreement or conduct or arbitration

or notice or will or apostasy or marriage of coparcener under Special Marriage Act or
institution of a suit or renunciation of share etc.
The following have a right to ask for partition
(1) Any adult coparcener
(2) A purchaser of the undivided coparcenary interest of a coparcener in execution of

a decree
(3) A minor through a suit if the Court believes that the partition is likely to benefit the
minor by advancing his interests or protecting him from danger.
45) Explain different types of guardian of a Hindu minor.
Ans:
guardians:
Guardian)
34
of the minor and the minor’s welfare is the paramount consideration. Such a
guardian is known as certificated guardian
Court of wards.
46) State the powers of guardians under Hindu Minority and Guardianship
Act,1956
Ans:
The natural guardian of a Hindu minor has power to do all acts which are necessary
or reasonable and proper for the benefit of the minor or for the realization, protection
or benefit of the minor's estate; but the guardian can in no case bind the minor by a
personal covenant Further, the natural guardian cannot, without the previous
permission of the court, mortgage or charge, or transfer by sale, gift, exchange or
otherwise, any part of the immovable property of the minor; or lease any part of such
property for a term exceeding five years or for a term extending more than one year
beyond the date on which the minor will attain majority.
Powers of certificated i.e. court-appointed guardians are controlled by the

Guardians and Wards Act, 1890. There are a very few acts which he can
perform without the prior permission of the court. In the ultimate analysis his
powers are co-extensive with the powers of the sovereign and he may do all
those things (though with the permission of the court) which the sovereign
has power to do. A certificated guardian from the date of his appointment is
under the supervision, guidance and control of the court.
35
47) Explain in detail adoption by a unmarried female under Hindu Adoption

And maintenance Act 1956.
Ans:
An unmarried female can adopt subject to the following:
(1) She is of sound mind and not a minor (Sec 8)
(2) If the person to be adopted is a male, then the adoptive mother should not have
another Hindu son or such son’s son or such son’s son’s son living (whether by
legitimate blood relationship or by adoption) [Sec 11 (i)]
(3) If the person to be adopted is a female, the adoptive mother should not have a
Hindu daughter or a Hindu son’s daughter living [Sec 11 (ii)]
(4) If the person to be adopted is a male, the adoptive mother should be at least 21
years older than the person to be adopted [Sec 11 (iv)]
(5) She cannot adopt simultaneously with another person [Sec 11 (v)]
(6) The child to be adopted must be given in adoption by the parents or guardian
with intent to transfer the child from the family of its birth or from the place or family
where it has been brought up [Sec 11 (vi)]
48) Explain the different types of family
Ans:
The different types of families are:
(1) On the basis of authority
(i) Patriarchal family in which the male head is all powerful
(ii) Matriarchal family in which the mother is supreme
(2) On the basis of structure
(i) Nuclear family which is a composite family unit consisting of wife and
children
(ii) Extended family which comes into existence by the merger of two or more
nuclear families
(iii) Joint family which is similar to an extended family but extends to blood
relatives and close kins often consisting of three or more generations
(3) On the basis of residence

36
(i) Matrilocal family wherein husband goes to live in the wife’s house
(ii) Patrilocal family wherein the wife goes to the husband’s house
(iii) Bi-local residence family wherein the couple can choose either at the
husbands’ house or at the wife’s house
(iv) Avunculocal residence family wherein the couple lives with husband’s
maternal uncle
(v) Neo-local family wherein the two live separately generally at the place of
their work
(4) On the basis of marriage
(i) Monogamous family in which neither can have another spouse
(ii) Polygamous family in which the husband can have more than one wife
(iii) Polyandrous family in which the wife can have more than one husband
(5) On the basis of ancestry or lineage
(i) Patrilineal family in which the husband or the father is the basis of ancestry
(ii) Matrilineal family in which the wife or the mother is the basis of ancestry
(6) On the basis of in-group and out-group affiliation
(i) Endogamous family in which marriage is restricted to members in the in-

group
(ii) Exogamous family in which marriage is restricted to the out-group
(7) On the basis of blood relationships
(i) Conjugal which consists of spouses, their offsprings and relatives through
marriage
(ii) Consanguineous which consists of blood relatives together with their

mates and children.
37
49) Write a short note on Patriarchal and Matriarchal families
Ans:
In a patriarchal family, the male head has all the inclusive powers and is instrumental
in taking all decisions on behalf of the family. He is the administrator of the family
and presides over all the religious rites. He also acts as the protector and ruler of the
family, enjoying full authority over all the family members. This is the commonest
form of the family found across the world.
In a matriarchal family, the mother (female head) is supreme in the family. She is the
ruler of the family and also the owner of the family property. Such type of families
was common among primitive tribes who led a wandering life. The father went
hunting for the family’s food needs and stayed away from the family for long periods.
This system prevailed amongst some of the Red Indians of North America and is
also found among the Nairs of Kerals and the Garos & Khasis of North-East India.
50) Discuss the doctrine of blending
Ans:
The doctrine of blending relates to a coparcener deliberately and intentionally

throwing his independently acquired property into the common joint family stock so
as to form a part of it. Acts of generosity, permitting use of the property by other
members of the joint family would not necessarily constitute blending The act by
which the coparcener throws his separate property into the common stock has to be
of his own volition with the clear intention to waive his separate rights. Otherwise, the
general presumption is against blending of self-acquired property with joint family
property. In Jupudi Bhaskar v. Jupudi Rao (AIR 1994 AP 134), it was held that an
inference as to blending of separate property into coparcenary property cannot be
drawn from a mere declaration in an Income Tax Return.
In Mallesappa Bandeppa Desai & Anr. v. Desai Mallappa & Ors. (1961 AIR SC
1268), it was observed that the doctrine of blending in Hindu Law as evolved by
judicial decisions can have no application to a property held by a Hindu female as a
limited owner. That doctrine postulates a coparcener deliberately and intentionally
throwing his independently acquired property into the joint family stock so as to form
a part of it.
38
51) What is difference between Nuclear family and an extended family
Ans:
A nuclear family is the smallest composite family unit. It consists of the husband, wife
and the children. Generally, the children leave their parental household as soon as
they are married. As newly-weds start their own nuclear family, such a family is an
autonomous unit, free from the control of their parents and other elders. The
common relationships in a nuclear family are:
(1) husband and wife
(2) father and son
(3) father and daughter
(4) mother and son
(5) mother and daughter
(6) brother and brother
(7) brother and sister
(8) sister and sister
An extended family comes into existence on a merger of two or more nuclear

families. A large extended family may include a man and his wife, their unmarried
daughters, married sons and the sons’ wives along with their unmarried children.
Two important characteristics distinguish a nuclear family from an extended family.

Firstly, an extended family is continuous whereas a nuclear family is not. A nuclear
family comes to an end when one of the parents dies. Secondly, a nuclear family is a
separate and independent unit, which is run by a husband and wife. In contrast, an
extended family is run by the patriarch and the married sons have little or no say in
decision-making.
39
52) Give two characteristics of a Joint Family
Ans:
The joint family is the bedrock on which Hindu social organization is built.
The main characteristics of a joint family are:
(1) Large size
(2) Common residence
(3) Common kitchen
(4) Joint ownership of property
(5) Common worship
(6) Blood relationship
(7) Common organization
(8) Familistic organization wherein individual interests are subordinate to family

interests
(9) Rule by Karta
(10) Principle of seniority
(11) Joint responsibility
(12) Mutual rights and obligations
(13) Filial relationship
53) Explain the types of families based on lineage
Ans:
On the basis of ancestry or lineage, families can be divided into:
(1) Patrilineal family in which the husband or the father is the basis of ancestry
(2) Matrilineal family in which the wife or the mother is the basis of ancestry
In a patrilineal family, a person uses his father’s surname and inherits property and
titles from the male line. The agnatic ancestry of a person is thus the pure male
ancestry of that person.
40
In a matrilineal family, the lineage being from the mother’s side, a person inherits
property and titles through the mother.
Today almost all groups follow the patrilineal line of descent. Matrilineality prevails in
some tribes like the Hopi, Cherokee and Navajo tribes of North America, the
Basques of France and Spain, the Nairs and Bunts of Kerala and Karnataka and the
Garos of Meghalaya.
54) Write a short note on Monogamous and Polygamous Family
Ans:
Monogamous family refers to a family in which it is the practice of having only one
husband or wife at a time. This is the most familiar family pattern in most societies
today. Though rare, there is another concept known as serial monogamy in which
there could be multiple spouses but an individual lives with a single spouse at a time
often after divorcing the earlier one.
Polygamous family refers to a family in which there is more than one husband or wife
at a time. Polygamy is of two main types:
(1) Polygyny, in which when a man is married to more than one wife
(2) Polyandry, in which a woman is married to more than one husband
In the past polygamy was quite common in societies. For example, many kings had a
number of queens during the earlier days, and this practice was considered as
normal although now it is made illegal in most countries. Today, polygamy is
prohibited in most parts of the world though it does prevail in some societies
especially, Islamic societies.
55) Explain the term Bigamy
Ans:
Bigamy is the act of entering into a marriage with one person while still legally
married to another. Though bigamy entailing two spouses, is also a form of
polygamy, often bigamy is unknown to the first spouse whereas polygamy, a practice
sanctioned by religion in some societies, is known as the spouses live together.
Bigamy is defined as an offence not only under the criminal law but also under the
Hindu Marriage Act, 1955. Section 17 of the Act says that any marriage between
Hindus is void if on the date of such marriage, either party had a husband or wife
living. The same is punishable under Section 494 and 495, IPC.
41
56) State the difference between Polygamy and Polyandry
Ans:
Polygamy refers to the practice of having more than one spouse. It is broader than
polygyny, which refers to situations where one man has multiple wives, and
polyandry, which refers to one woman with multiple husbands. However, it is widely
assumed that polygamy denotes specifically the marriage of one man to multiple
women. This is probably because polygyny is more common than polyandry. This
extensive use of the term polygamy instead of polygyny, which would be more
precise, has perhaps muddied the former’s meaning.
Polygyny can be of two types:
(1) Sororal polygyny in which a man simultaneously marries multiple women who are
sisters
(2) Non-sororal polygyny in which a man has multiple wives who are not sisters of
each other
The reasons for polygyny could be:
(1) The larger number of females compared to males
(2) Women contributing economically to the family
(3) To reduce the domestic workload on a single wife
(4) For the reason of childlessness of the first wife.
Polyandry can also be of two types:
(1) Fraternal in which several brothers are married to the same woman (e.g.
Draupadi in Mahabharata)
(2) Non-Fraternal in which several husbands of the woman need not be brothers
The reasons for polyandry are:
(1) Scarcity of females
(2) Heavy bride price
(3) Poverty and sterility of men

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57) What is considered as gains of learning under the Act of 1930
Ans:
As per Sec 2 (b) of the Act, gains of learning means all acquisitions of property made
substantially by means of learning, whether such acquisitions be the ordinary or the
extraordinary result of such learning.
As per Sec 2 (c) learning means education, whether elementary, technical, scientific,
special or general, and training of every kind which is usually intended to enable a
person to pursue any trade, industry, profession of avocation in life.
To remove doubt as to the rights of a member of a Hindu Undivided Family in

property acquired by him by means of his learning, the Act establishes that such
property will be the separate property of that member. Such property would be his
separate property even if his learning had been imparted to him by another member,
or with the aid of the joint family/other member’s funds or even if he was maintained
or supported by the joint funds of his family.
58) How is the term 'child' different from term 'minor'
Ans:
As per Sec 2 (a) of the The Prohibition of Child Marriage Act, 2006 “child” means a
person who, if a male, has not completed 21 years of age, and if a female, has not
completed 18 years of age.
Sec 2 (f) defines “minor” to mean a person who, under the provisions of the Majority
Act, 1875, is to be deemed not to have attained his majority.
In terms of Sec 4 (a) of the The Hindu Minority and Guardianship Act, 1956 “minor”
means a person who has not completed the age of 18 years.
Thus, under Sec 9 of the Prohibition of Child Marriage Act, whoever, being a male
adult, above eighteen years of age and below twenty one years of age, i.e. not a
minor, contracts a child marriage shall be punishable though he himself will be
regarded as a child for marriage purposes under the said Act.
In India, different laws define the words ‘child' and ‘minor' differently. For instance, as
per the Child Labour (Prohibition and Regulation) Act, 1986, a child is defined as a
person who has not completed 14 years of age.
The Plantation Labour Act 1951 has separate definitions for child, adolescent and
adult. According to it ‘child' means a person who has not completed his fourteenth
year. ‘Adolescent' means a person who has completed his fourteenth year but has
43
not completed his eighteenth year where as ‘adult' means a person who has
completed his eighteenth year.
The Motor Transport Workers Act 1961, and the Beedi and Cigar Workers
(Conditions of Employment) Act 1966, both define a child as a person who has not
completed 14 years of age.
59) What is the punishment when a male adult marries a child
Ans:
As per Sec 9 of the Prohibition of Child Marriage Act, 2006, whoever, being a male
adult above eighteen years of age, contracts a child marriage shall be punishable
with rigorous imprisonment which may extend to two years or with fine which may
extend to one lakh rupees or with both.
It is pertinent to note that while he is liable to punishment being an adult, a male

person between the age of 18 and 21 years (not completed 21) will be considered a
child for purposes of marriage.
60) Who is a Sati
Ans:
Sati ('truthful' or 'virtuous'), also known as is the Hindu goddess of marital felicity and
longevity, and is worshipped as an aspect of the mother goddess Shakti. She is
generally considered the first wife of Shiva, other being Parvati, who was Sati's
reincarnation after her death. The most prominent legend associated with Sati is her
self-immolation to protest against her father who was opposed to her marriage with
Shiva.
Based on the legend of Sati, the practice of Sati became a historical Hindu practice
in which a Hindu widow burnt herself to death on the funeral pyre of her husband.
The practice probably developed into a real fire sacrifice within the north-western
Rajput Kshatriya (warrior) varna, to which it remained limited, and became regular
only after 500 CE to become wider-spread during the Muslim-era.
Governor-General of India Lord William Bentinck enacted the Bengal Sati Regulation
or Regulation XVII in 1829, declaring the practice of burning or burying alive of Hindu
widows both voluntary and involuntary to be punishable by the criminal courts. It was
the first major social reform legislation done by the British in India. The most
prominent campaigners to end the practice of sati were led by British Christian
evangelists, such as William Carey, and Hindu reformers such as Raja Ram Mohun
Roy and Swami Dayanand Saraswati.
44
61) What is the punishment for attempt to commit sati
Ans: In terms of Sec 3 of the Commission of Sati (Prevention) Act, 1987 whoever
attempts to commit sati and does any act towards such commission shall be
punishable with imprisonment for a term which may extend to six months or with fine
or with both. This provision is notwithstanding whatever provisions of the IPC that
may be applicable.
However, it also provided that the Special Court trying such an offence has to take
into consideration the circumstances leading to the commission of the offence, the
act committed, the state of mind of the person at the time of the commission of the
act and all other relevant factors.
It is pertinent to note that under Sec 4 (2) of the Act whoever abets an attempt to
commit Sati, is punishable with imprisonment for life and to fine.
62) Explain Legal Provisions of Sati
Ans:
The Commission of Sati (Prevention) Act, 1987 is a law that seeks to prevent sati,
the voluntary or forced burning or burying alive of a widow, and to prohibit
glorification of this action through the observance of any ceremony, participation in
any procession, creation of a financial trust, construction of a temple, or any actions
to commemorate or honour the memory of a widow who committed sati.
The Act, includes a wider definition of Sati to include the burning alive or burying of a
widow not only with deceased husband but also with the body of any relative or with
any article associated with the husband or relative.
Sec 3 provides a punishment of imprisonment upto 6 months and/or fine for attempt
to commit Sati.
Sec 4 provides punishment of life imprisonment or death and fine for abetting the
commission of Sati and life imprisonment for abetting an attempt to commit sati.
Abetment itself is widely defined.
Sec 5 provides punishment from 1 to 7 years and fine between Rs 5,000 and 30,000
for glorification of sati.
Sec 6 empowers the Collector/District Magistrate to order prohibition, in a specified

area, of any act towards the commission of sati or its glorification. Any contravention
of such order imposes a liability for imprisonment between 1 to 7 years and fine
between Rs 5000 to 30,000.
45
Sec 7 empowers the state government and the Collectors/District Magistrates to

remove any temples or other structures constructed in honour or in memory of a sati
victim.
Sec 8 empowers the Collector/District Magistrate to seize funds or property acquired

or the commission or glorification of sati.
Sec 9 lays down that there will be Special Courts to try offences under the Act. Sec
10, similarly, lays down the appointment of Special Public Prosecutors.
Sec 10 & 11 deal with the powers of the Special Courts.
Sec 12 provides for forfeiture of property seized under Sec 8.
Sec 15 provides for protection of officials for actions taken under this act.
Sec 18 disentitles a person convicted, under section 4 in relation to the commission

of sati, from inheriting the property of the person for whom such sati was committed
or the property of any other person which he would have been entitled to inherit on
the death of the person for whom sati was committed.
63) Write a short note on Offence of giving and taking dowry
The Dowry Prohibition Act 1961 defines dowry as any property or valuable security
given or agreed to be given by one party in marriage to the other party in marriage or
by the parents of either party to a marriage or by any other person to either party to
marriage or to any other persons at or before or after the marriage as consideration
for the marriage of the said parties. The dowry system has evolved into a social evil
primarily as a consideration from the bride’s side to the groom’s side. It has often led
to crimes against women, ranging from emotional abuse and injury to even deaths.
The payment of dowry has been prohibited under specific Indian laws including the
Dowry Prohibition Act 1961 and subsequently by Sections 304 B and 498 A [7] of the
Indian Penal Code.
Sec 3 (1) of the Dowry Prohibition Act, stipulates that if any person gives or takes or
abets the giving or taking of dowry, he shall be punishable with imprisonment for not
less than five years, and with fine not less that Rs. 15,000 or the value of such
dowry, whichever is more.
Sec 3 (2) provides the exceptions to Sec 3 (1) and these include:
(1) presents given at the time of marriage to the bride or bridegroom without any
demand having been made as long as the presents are entered in a list
(2) presents, on behalf of the bride’s side, which are of a customary nature and value
of which is not excessive factoring in the financial status of the person giving the gift.
46
64) Write a short note on Legal Provisions to combat Dowry
Ans:
The legal provisions for combating dowry are primarily enshrined in the Dowry
Prohibition Act, 1961 though there are provisions in Criminal Law which have an
impact too.
In terms of Sec 3, any person giving or taking of dowry is punishable with

imprisonment for at least 5 years and with fine of Rs 15,000 or the value of dowry,
whichever is more.
According to Sec 4, punishment for demanding dowry is imprisonment between six

months and 2 years and fine upto Rs 10,000.
As per Section 4-A, any advertisement for a share in the property, business, money,
etc for marriage is punishable with imprisonment between 6 months and 5 years or
fine upto Rs 15,000.
Sec 7 lays down that the court shall take cognizance of offence only on the report of
a victim, his/her parents or police report or on its own knowledge of the facts of the
offence.
According to Sec 8, offences shall be cognizable, non-bailable and non-

compoundable.
Sec 8 A puts the burden of proof on the accused charged with taking or abetting the
taking of dowry under section 3, or the demanding of dowry under section 4.
Sec 8 B, provides for the appointment of Dowry Prohibition Officers.
Sec 304 B of the Indian Penal Code (IPC) deals with dowry deaths and provides the
conditions for presumption of a dowry death. It also prescribes punishment of
imprisonment between 7 years and life imprisonment.
Sec 498 A of IPC prescribes that if husband or relative of husband subjects a woman
to cruelty for dowry is punishable with imprisonment upto 3 years and shall also be
liable to fine.
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65) What are the valid exceptions from imposition of penalty for giving and
taking dowry
Ans:
Sec 3 (2) provides the exceptions to from imposition of penalty for giving and taking
dowry. These include:
(1) presents given at the time of marriage to the bride without any demand having
been made as long as the presents are entered in a list maintained in accordance
with the rules made under the Act
(2) presents given at the time of marriage to the bridegroom without any demand
having been made as long as the presents are entered in a list maintained in
accordance with the rules made under the Act
(3) presents made by or on behalf of the bride or any person related to the bride, and
such presents are of a customary nature and the value thereof is not excessive
having regard to the financial status of the person by whom, or on whose behalf,
such presents are given.
66) State the penalty/punishment for giving and taking dowry
Ans:
Sec 3 (1) of the Dowry Prohibition Act, stipulates that if any person gives or takes or
abets the giving or taking of dowry, he shall be punishable with imprisonment for not
less than five years, and with fine not less that Rs. 15,000 or the value of such
dowry, whichever is more.
Sec 3 (2) provides the exceptions to Sec 3 (1) and these include:
(1) presents given at the time of marriage to the bride or bridegroom without any
demand having been made as long as the presents are entered in a list
(2) presents, on behalf of the bride’s side, which are of a customary nature and value
of which is not excessive factoring in the financial status of the person giving the gift.
48
67) What is Sanskritization
Ans:
Sanskritization is the process by which caste or tribes placed lower in the caste
hierarchy seek upward mobility by emulating the rituals and practices of the
Dominant or upper castes. it is a historical process in which local Indian religious
traditions become syncretised, or aligned to and absorbed within the Brahmanical
religion, resulting in the pan-Indian religion of Hinduism. In a broader sense,
Sanskritization is the process whereby local or regional forms of culture and religion
– local deities, rituals, literary genres – become identified with the 'great tradition' of
Sanskrit literature and culture: namely the culture and religion of orthodox, Aryan,
Brahmans, which accepts the Veda as revelation and, generally, adheres to
varnasrama-dharma. The term Sanskritization was made popular by Indian
sociologist M. N. Srinivas in the 1950s.
One clear example of Sanskritisation is the adoption, in emulation of the practice of

twice-born castes, of vegetarianism by people belonging to the so-called "low
castes" who are traditionally not averse to non-vegetarian food. Another example is
of Hindu Jat in rural North India who did Sanskritisation with the help of Arya Samaj
as a part of a social upliftment effort.
Srinivas was of the view that Sanskritization was not limited to the Hindu castes, and
stated that the "semi–tribal groups" including Himalayas's Pahadis, central India's
Gonds and Oraons, and western India's Bhils also underwent Sanskritization. He
further suggested that, after going through Sanskritization, such tribes would claim
that they are castes and hence Hindus. This phenomenon has also been observed in
Nepal among Khas, Magar, Newar, and Tharu people.
68) What is meant by Westernisation
Ans:
According to M.N. Srinivas, “Westernisation” refers to “the changes brought about in

the Indian society and culture as a result of over 150 years of British rule and the
term subsumes changes occurring at different levels – technology, institutions,
ideology and values.”
In the pre-independence period, the British rule brought with it western influences
that triggered fundamental changes in Indian society. The growth of science and
technology, the advancement of transport and communication, the invention of the
printing press, the institutions of the bureaucracy, police, legal system, army etc.
brought about a gradual ideological change in Indian society. Adopting British value
systems and education seemed to provide upward social mobility.
49
Post-independence westernisation is primarily the influence of western societies like

those of USA, UK, Canada, Germany, France etc. These changes are reflected in
almost all facets of daily life such as the mode of dressing, liking for movies, music
and dance, kinds of food etc.
Westernisation has had a widespread impact as under:
(1) Modern education opened up the doors of the knowledge
(2) Education for all
(3) Highlighted evil practices bringing about consciousness on social evils like Sati,
Polygamy, Child Marriage etc.
(4) Attracted attention of social reformers
(5) Realization of the value of liberty and freedom
While Westernisation was seen as a medium to move up socially as was

Sanskritization, there are significant differences between the two:
(1) Sanskritisation promoted a sacred outlook while Westernisation promoted a

secular outlook
(2) Sanskritisation provided upward mobility by imitation while Westernisation did so

by development
(3) Sanskritisation implies mobility within the caste framework while Westernisation
was outside the caste framework
(4) Sanskritisation puts a taboo on meat-eating and consumption of alcohol,

Westernisation promoted meat-eating and consumption of alcohol.
69) What is meant by Secularisation
Ans:
According to M. N. Srinivas, the term secularisation implies that what was previously
regarded as religious is now losing that connotation. The significance of religion has
diminished considerably in today’s society. Rituals and customs are increasingly
being questioned on their rationale and religious norms and diktats are not accorded
the same degree of seriousness as earlier.
Secularisation has had a tremendous impact on Indian society. The authority of

religion over the society has diminished greatly. This is evident from the gradual
break-down of the traditional caste-system, especially in urban areas. The increase
in inter-caste and inter-religious marriages, the abolition of untouchability, improved
status of women etc. are now far more deeply ingrained in the people’s mindsets.
50
The main features of secularisation identified are:
(1) Decrease in religious beliefs
(2) Separation of social life from religious bindings
(3) Rationality
(4) Scientific attitude.
70) Write a short note on Hindu Gains and Learning Act
Ans:
The object of the Hindu Gains of Learning Act was to remove doubt as to the rights
of a member of a Hindu undivided family in property acquired by him by means of his
learning. Prior to the passing of the Act, Hindu society was divided in the approach to
property acquired by a Hindu joint family’s member through his gains of learning
especially in cases where the learning itself was acquired out of joint family funds.
The enactment of this statute puts to rest that debate.
Sec 3 of the Act says that notwithstanding any custom, rule or interpretation of the
Hindu Law, no gains of learning shall be held not to be the exclusive and separate
property of the acquirer merely by reason of—
(a) his learning having been; in whole or in part, imparted to him by any member,
living or deceased, of his family, or with the aid of the joint funds of his family, or with
the aid of the funds of any member thereof, or
(b) himself or his family having, while he was acquiring his learning, been maintained
or supported, wholly or in part, by the joint funds of his family, or by the funds of any
member thereof.
In effect, the provisions of Sec 3, of the Act establishes that property acquired by a
member of a Hindu joint family, will be the separate property of that member and that
it will be so even if his learning had been imparted to him by another member, or with
the aid of the joint family/other member’s funds or even if he was maintained or
supported by the joint funds of his family.
Sec 4 clarifies that the provisions of the Act are prospective.

51
71) What is meant by Industrialisation
Ans:
In the words of Moore, industrialisation is the extensive use of inanimate sources of

power in the production of goods and services. According to Coleman,
industrialisation signifies the growth of any form of industry as opposed to
agriculture.
Industrialisation initially facilitated the transformation of an agrarian economy to an

industrial one. The industrial revolution entered India in 1854 when Bombay opened
its first steam-powered cotton mill in Asia. Initially, the growth was slow, and the
expansion of these modernised cotton mills was not done until the 1870s and 1880s.
Industrialisation provides greater opportunities for employment. In an industrial

economy, industry absorbs underemployed and unemployed farmworkers, thus
increasing community income. Industrialisation also brings about urbanisation.
The more industrialised a society, the smaller is the proportion of the labour force in
agriculture. There is much more freedom of choice of occupation today and whatever
restrictions the caste system may have imposed are ceasing to exist.
Although there are several positives to the Industrial Revolution there were also
many negative elements, including: rural brain drain, poor working conditions, poor
living conditions, low wages, child labour, and pollution.
72) What is meant by Urbanisation
Ans:
Urbanisation refers to the population shift from rural to urban areas, the
corresponding decrease in the proportion of people living in rural areas, and the
ways in which societies adapt to this change. It is predominantly the process by
which towns and cities are formed and become larger as more people begin living
and working in central areas.
Urbanisation is relevant to a range of disciplines, including urban planning,

geography, sociology, architecture, economics, and public health and is closely
linked to modernization and industrialization. Urbanisation occurs either organically
or planned as a result of individual, collective and state action.
Developing urban resilience and urban sustainability in the face of increased

urbanisation is at the centre of international policy on Sustainable Development. The
population residing in urban areas in India, according to the 1901 census, was
11.4%, increasing to 28.53% by the 2001 census, and is now currently 34% in 2017.
52
It is forecast that by 2030 more than 40% of country's population will reside in urban
areas.
The main reasons for urbanisation in India are:
Expansion in government services
Migration of people during the partition of India
The Industrial Revolution
Eleventh five-year plan that aimed at urbanisation for the economic development of
India
Economic opportunities
Infrastructure facilities in the urban areas
Growth of private sector, especially after 1990
Growth of employment
While urbanisation provides more opportunities for employment, it brings with it a

host of negative consequences like growth of slums, scarcity of water, heterogeneity
and anonymity.
73) State the objects of Family Courts Act
Ans:
The purpose and aim of establishing the Family Courts is to protect and preserve the
institution of marriage and to promote conciliation and secure speedy settlement of
disputes relating to marriage and family affairs and connected matters. Welfare of
children is also a very important factor that family courts are required to take into
account.
The Family Courts are empowered to deal with the following matters:
(1) A suit or proceeding between the parties to a marriage for nullity of marriage or
restitution of conjugal rights or dissolution of marriage.
(2) A suit or declaration as to the validity of a marriage or as to the matrimonial

status of any person
(3) A suit or proceeding between the parties to a marriage with respect to the
property of the parties or of either of them.
53
(4) A suit or proceeding for an order or injunction in circumstances arising out of a

marital relationship.
(5) A suit or proceeding for a declaration as to the legitimacy of any person
(6) A suit or proceeding for maintenance.
(7) A suit or proceeding in relation to the guardianship of the person or the custody
of, or access to, any minor.
74) State the purpose of establishing Family Courts
Covered in the previous Qs. 73 (pages 35-36)
75) What are objectives of Uniform Civil Code
In India the purpose of Uniform Civil code is to replace the personal laws based on
the scriptures and customs of each major religious community in the country with a
common set governing every citizen. A uniform civil code will mean a set of common
personal laws for all citizens. Currently, for example, there are different personal
laws for Hindus and Muslims. Personal law covers property, marriage and divorce,
inheritance and succession.
The need of a Uniform Civil Code is because of the following:
(1) It Promotes Real Secularism
(2) It will bring about the same treatment for all citizens and help in national
integration
(3) It will provide More Rights to the Women and promote gender equality.
(4) It will be in line with developed modern societies
(5) If a Common Civil Code is enacted and enforced: (????)
(6) It will help avoid overlapping provisions of law;
(7) Litigation due to personal law would decrease and the burden on courts will be
eased;
76) What is the need to implement a Uniform Civil Code
Covered in previous Qs. 75 (above on the same page)

54
77) State any two Judgements where Supreme Court emphasized the need to
have Uniform Civil Code
Ans:
Some Judgements where Supreme Court emphasized the need to have Uniform
Civil Code are:
(1) In the Shah Bano case [Md. Ahmed Khan v. Shah Bano Begum (AIR 1985 SC
945)], Supreme Court upheld the right of a poor, old Muslim women’s right to
maintenance under Sec 125 of Cr.P.C. However, in the wake of widespread protests
and disturbances, the government passed the Muslim Women’s (Protection of Rights
in Divorce) Act, 1986 effectively nullifying the decision of the apex court.
(2) In the Sarla Mudgal case [Sarla Mudgal v. Union of India (AIR 1995 SC 153)], the
court held that a second marriage by a Hindu man, solemnized after converting to
Islam would be an offence under section 494 of the Indian Penal Code (bigamy).
(3) In Danial Latifi vs. Union of India [(2001) 7 SCC 740], the Muslim Women’s Act
(MWA) was challenged as being unconstitutional. The Supreme Court while holding
the law as constitutional, harmonised it with section 125 of CrPC.
(4) In John Vallamattom v. Union of India (AIR 2003 SC 2902), the court struck down
Sec 118 of the Indian Succession Act as it imposed unreasonable restrictions only
on Christians in matter of religious charitable bequests.
78) Write a short note on Schools of Hindu Law
Ans:
Mitakshara and Dayabhaga are the two important schools of Hindu Law which has
formed the basis for the legislation in respect of Hindu Laws.
Mitakshara is one of the most important schools of Hindu law. It is a running

commentary of the Smriti written by Yajnvalkya. This school is followed in almost in
the whole of India except in West Bengal, Assam and areas in proximity to these
states. While Mitakshara school is followed very widely in India different parts of the
country practice the law differently because of the different customary rules followed
by them. These sub-schools are:
(1)Benaras school
(2) Mithila school.
(3) Maharashtra school.

55
(4) Punjab school.
(5) Dravida or Madras school.
While all the above sub-schools follow the same fundamental principle, but each
gives precedence to certain treatises and commentaries.
Dayabhaga school predominantly prevailed in Assam and West Bengal and

adjoining areas. In Dayabhaga school, various other commentaries were followed
such as:
(1) Dayatatya
(2) Dayakram-sangrah
(3) Virmitrodaya
(4) Dattaka Chandrika
The important differences between the Mitakshara and Dayabhaga schools relate to
the basis of succession and the basis of Rights of a Woman.
79) Explain in detail the character of Mitakshara & Dayabhaga Schools
Ans:
The Mitakshara is a legal treatise on inheritance. The Yagna Valkya Smriti was
commented on by Vigneshwara under the title Mitakshara.
The following are the features of this school :—
(1) A son [now daughter also after the commencement of Hindu Succession
(Amendment) Act, 2005] has an interest in the ancestral property since birth and is a
coparcener in such property along with his father.
(2) Father has restricted power of alienation of the joint family property and the son
(or daughter) can claim partition at any time.
(3) Members of the Mitakshara coparcenary cannot dispose of their share while the
coparcenary is not divided.
(4) The rule of survivorship was applied for the devolution of interest in coparcenery
property. It has been now abolished by Hindu Succession (Amendment) Act, 2005.
(5) The principle of inheritance under the Mitakshara law is consanguinity.
(6) According to school, ‘sapinda‘ relationship is one arising between persons

through their being connected by particles of one body.
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Dayabhaga school owes its origin to the Jimutvahana’s digest on leading Smritis.
The Dayabhaga is not a commentary on any code like Mitakshara but it purports to
be a digest of all codes. Chief authorities of this school are – Dayabhaga, Dayatatva,
Daya – Sangraha. It is the supreme authority in Bengal and Assam.
The salient features of Dayabhaga School are:
(1) The son has no interest in his father’s property by reason of his birth and right to
property arises by death of the last owner.
(2) Father has absolute power of alienation over all the property, whether ancestral
or self-acquired.
(3) The interest of every person passes by inheritance on his death to his heirs.
(4) Any member of a joint family can alienate in any manner his share even when
undivided.
(5) The principle of succession is based on spiritual efficacy.
(6) In this school, ‘sapinda‘ means of same ‘pinda‘, i.e., a ball of rice which is offered
by a Hindu as obsequies to his deceased ancestors. So, ‘sapinda‘ connotes those
related by duty to offer ‘pinda‘ to the other.
Difference between Mitakshara and Dayabhaga School
Mitakshara School
(1) Right to property arises by birth hence the son and after the Hindu Succession
(Amendment) Act, 2005 daughters of a coparcener also, is a co-owner in the
ancestral property with his or her father.
(2) Father has restricted power of alienation.
(3) Son can claim partition even against his father.
(4) Members of joint family cannot dispose of their shares while undivided.
(5) The principle of inheritance is consanguinity.
(6) Cognates comes after agnates.
(7) Doctrine of factum valet (a fact cannot be altered by hundred texts) is recognised
to a very limited extent.
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Dayabhaga School
(1) Right to property arises on the death of the last owner hence there is no right in
ancestral property during the father’s lifetime.
(2) Father has absolute right of alienation.
(3) Son cannot claim partition or even maintenance.
(4) Members of joint family can dispose of their property in any manner even while
undivided.
(5) The principle of inheritance is spiritual efficacy.
(6) Some cognates, likes sister’s sons are preferred to many agnates.
(7) Doctrine of factum valet is fully recognized.
80) What is the doctrine of factum valet
Ans:
The doctrine of factum valet means that if a fact is accomplished, i.e., if an act is
done and finally completed, although it may contravene a hundred directory texts,
the fact will nevertheless stand, and the act done will be deemed to be legal and
binding. Thus, the mere fact that a transaction is condemned in the Smritis would not
necessarily prove that it is void. The further question to be answered would be
whether it is a legal condemnation or merely one which is moral. The doctrine has
been applied to validate the marriage of a girl who was given away in marriage by
her mother, in violation of the text of Yajnavalkya, which confers a preferential right
of giving away the bride, to the father, on the ground that the text laid down only a
moral precept.
The corresponding maxim of the Roman Civil Law is factum valet quod fieri non
debuit, which literally means that what ought not to be done become valid when
done.
However, the doctrine applies only to directory, and not mandatory, texts. Thus, the
principle of factum valet is ineffectual to cure an act done in contravention of a
mandatory text. Thus, before the passing of the Hindu Marriage Act, the law
regulating Hindu marriages was uncodified and governed mainly by the ancient
texts.
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81) Marriage under Hindu law is not only a samskar but also a contract,
Explain
Ans:
Traditionally a Hindu marriage was considered essentially a samskara and thus is

sacramental in nature. In fact, it is the last of the ten sacraments for purifying the
body. According to the Vedas, a marriage is “the union of flesh with flesh and bone
with bone”. It is an union which the Vedas regard as indissoluble. As long as her
husband is alive, the wife is enjoined to regard him as her God. Likewise, the wife is
declared to be half the body of her husband (Ardhangini) and shares with him
equally, the fruits of all his acts, good or bad.
In the light of the above, a Hindu marriage can be viewed only as a samskara and
not a contract. It is pertinent to note that the concept of a Hindu marriage as a
samskara continues to exist even after the enactment of the Hindu Marriage Act,
1955 though it lays down certain conditions for a valid marriage and provides for
separation and divorce which was not recognised by Ancient Hindu Law.
However, it is also accepted that the Hindu marriage is also a contract. A reference
to Manu indicates that it is a gift of the bride (kanyadan). Such kanyadan meets all
the requisites of a valid gift under Hindu law, and hence it emerges that a Hindu
marriage is also a contract. In addition, the Hindu Marriage Act also lays down in Sec
12 certain essential conditions which, if not met, would render the marriage voidable.
One of them is free consent which therefore makes it like a contract.
82) State any two ancient forms of marriage
There are 8 ancient forms of Hindu Marriage. These are:
(1) Brahma form of marriage:
(2) Daiva form of Marriage:
(3) Arsha form of Marriage:
(4) Prajapatya form Marriage:
(5) Asura form of Marriage:
(6) Gandharva form of marriage:
(7) Rakshasa form of marriage:
(8) 'Paishacha' form of marriage:

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83) Explain impartible estate and give 2 examples
Ans:
The property which descends to one member of the family to the exclusion of other
members either because of the application of the rule of primogeniture (the status of
being the first born child among several children) or by a custom or under any
provision of law is referred to as impartible property. Instances where property is
prima facie impartible are ancient Zamindaries, Jaghirs and Saranjams.
84) What is the difference between half blood and uterine blood
Ans:
When two persons have a common father between them but have 2 different
mothers then they both are related to each other by HALF BLOOD. UTERINE
BLOOD: When two persons have a common mother but have two different fathers,
they both are related to each other by UTERINE BLOOD.
85) When two persons are said to be related to each other by full blood
Ans:
Two persons are said to be related to each other by full blood when they are
descended from a common ancestor by the same wife.
86) When two persons are said to be related to each other by half blood
Ans:
Two persons are said to be related to each other by half blood when they are
descended from a common ancestor but by different wives.
87) When two persons are said to be within degrees of prohibited relationship
As per Sec 3 (g) of the Hindu Marriage Act, 1955, two persons are said to be within
degrees of prohibited relationship:
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other;
or
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(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the
grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt
The relationship referred to above includes, relationship by half or uterine blood as

well as by full blood, illegitimate blood relationship as well as legitimate, relationship
by adoption as well as by blood.
88) What is meant by uterine blood
Ans:
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.
89) Write a short note on Sapinda Relationship
Two persons are said to be “sapindas” of each other if one is a lineal ascendant of
the other within the limits of sapinda relationship, or if they have a common lineal
ascendant who is within the limits of sapinda relationship with reference to each of
them. “Sapinda relationship” with reference to any person extends as far as the third
generation (inclusive) in the line of ascent through the mother, and the fifth
(inclusive) in the line of ascent through the father, the line being traced upwards in
each case from the person concerned, who is to be counted as the first generation.
Under the Hindu Marriage Act, 1955, if the parties to a marriage are sapindas the
marriage will be considered void unless the custom or usage governing each of them
permits of a marriage between the two.
90) What are the essential conditions of a valid marriage under HMA, 1955
Ans:
The essential conditions for a valid marriage under the Hindu Marriage Act, 1955
are:
(1) Neither party has a spouse living at the time of the marriage
(2) Neither party is incapable of giving a valid consent in consequence of

unsoundness of mind
(3) The bridegroom is at least 21 years of age and the bride at least 18 years of age
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(4) the parties are not within the degrees of prohibited relationship unless the custom
or usage governing each of them permits a marriage between the two
(5) the parties are not sapindas of each other, unless the custom or usage governing
each of them permits a marriage between the two
(6) that the wife is not pregnant, at the time of marriage, by some other person.
91) Briefly discuss the evolution of the institution of marriage & discuss the
conditions of a valid marriage under HMA, 1955. How does non compliance
with those conditions affect the validity of a marriage
Ans:
Eight forms of marriage are to be found in Ancient Hindu Law. They are divided into
two categories viz. Regular/Approved and Irregular/Unapproved. These are:
(A) Regular/Approved
(1) Brahma marriage: Where girl is given in marriage to a learned and gentle
bridegroom.
(2) Daiva Marriage: Where girl is given in marriage to the Purohit who conducted
yajna.
(3) Aarsha marriage: Where girl was accepted by a Rishi after giving a cow or bull.
(4) Prajapatya marriage: where the girl is offered to the bride-groom with blessings
for marital bliss and the fulfilment of dharma
(B) Irregular / Unapproved
(5) Asura marriage: where bride is given in exchange of money or kind..
(6) Gandharva marriage: This was a form of love marriage.
(7) Rakshasa marriage: Where bride-groom takes away the bride after winning a
war.
(8) Paisachika marriage: Where the marriage follows a sexual relationship with a
sleeping, drunk or unconscious woman.
Under the Hindu Marriage Act, 1955, the conditions for a valid marriage and how the
marriage is affected by non-compliance to the condition are as under:
1) Neither party has a spouse living at the time of the marriage. If this condition is not
satisfied, the marriage will be void.
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(2) Neither party is incapable of giving a valid consent in consequence of

unsoundness of mind. If this condition is not satisfied, the marriage is voidable.
(3) The bridegroom is at least 21 years of age and the bride at least 18 years of age.
If this condition is not satisfied, the marriage is voidable.
(4) the parties are not within the degrees of prohibited relationship unless the custom
or usage governing each of them permits a marriage between the two. If this
condition is not satisfied, the marriage will be void.
(5) the parties are not sapindas of each other, unless the custom or usage governing
each of them permits a marriage between the two. If this condition is not satisfied,
the marriage will be void.
(6) that the wife is not pregnant, at the time of marriage, by some other person. If this
condition is not satisfied, the marriage is voidable.
92) What is the Effect of minor marrying under the HMA 1955
Ans:
If a minor marries under the Hindu Marriage Act, 1955, the marriage becomes
voidable.
Further, under Sec 18 of the Act, every person who procures a marriage of himself
or herself to be solemnized under this Act where there is minor as one or both the
the parties to the marriage shall be punishable with rigorous imprisonment upto 2
years or with fine which may extend to Rs. 1,00,000 or with both.
93) State the difference between void and voidable marriages
A void marriage is one which is void ab initio. The parties do not have the status of
husband and wife. A voidable marriage, on the other hand, is one where the
marriage can be voided at the instance of either party through a court decree and the
status of husband and wife exists till the marriage is voided.
In a void marriage, a wife does not have the right to claim maintenance whereas in a
voidable marriage the wife has such a right.
In a void marriage, no decree of nullity is required. In a voidable marriage a decree

of nullity is a must.
The following are the conditions in which a marriage is void:
(1) If any of the parties have another spouse living at the time of marriage. It shall be
considered as null and void.
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(2) If the parties are within a prohibited relationship, unless the custom and usage
allows it, the marriage will be void.
(3) If the parties are sapindas i.e. those who are of the same family linkage, the
marriage will be void.
The following are the conditions in which a marriage is voidable:
(1) If the party to the marriage is not capable of giving consent due to the
unsoundness of mind, the marriage is voidable at the instance of the other party.
(2) If the party is suffering from mental disorder which makes him/her unfit for
reproduction of children, the marriage is voidable at the instance of the other party.
(3) If the party has been suffering from repeated attacks of insanity, the marriage is
voidable at the instance of the other party.
(4) If the consent of marriage by either of the parties is obtained by force or by fraud,
the marriage is voidable at the instance of that party.
(5) If either of the parties is a minor, as per the Act, the marriage is voidable.
94) What is meant by Saptapadi
Ans:
Saptapadi (literally translating to seven steps) refers to the ritual of the bridegroom
and bride taking seven steps or rounds around the sacred fire to complete a Hindu
marriage. The marriage becomes complete and binding only when the seventh step
is taken.
Under Sec 7 (1) the Hindu Marriage Act, 1955, saptapadi is not an obligatory rite to
be performed for a Hindu marriage. A Hindu marriage may be solemnized in
accordance with the customary rites and ceremonies of either party to the marriage.
However Sec 7 (2) of the Act, specifies that where such rites and ceremonies include
the Saptapadi, the marriage becomes complete and binding when the seventh step
is taken.
The practice of saptapadi is also referred to as ‘saat phere” i.e. seven steps. The
scared fire, a symbol of purity and sanctity, is considered to be the witness to this
sacramental rite and hence the term “Agni Sakshi” i.e. Fire witness.
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95) What is Restitution of Conjugal Rights
Ans:
The restitution of conjugal rights means the re-establishment of the marital

relationship between husband and wife because the prime objective of marriage is
that parties will consummate it and enjoy the society and comfort of each other.
Section 9 of the Hindu Marriage Act, 1955 talks about the restitution of conjugal
rights. It states that, when either the husband or the wife has, without reasonable
excuse, withdrawn from the society of the other, the aggrieved party may apply, by
petition to the district court, for restitution of conjugal rights and the court, on being
satisfied of the truth of the statements made in such petition and that there is no
legal ground why the application should not be granted, may decree restitution of
conjugal rights accordingly.
Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving reasonable excuse shall be on the person
who has withdrawn from the society.
Thus, for obtaining a decree for restitution of conjugal rights, the following conditions
must be satisfied:
(1) There must be a valid marriage that exists between the parties.
(2) One should withdraw from the society of another.
(3) This withdrawal must be made without any reasonable excuse.
(4) The court must satisfy the truth of the statement that no legal ground exists for
refusing the decree.
The apple of discord in section 9 is the word “withdraw from society” and “reasonable
excuse.” The terms are nowhere defined, but through several pronouncements, the
judiciary states what will be included under these terms.
Now, let us see some judgements that highlight the terms “withdraw from society”
and “reasonable excuse.”
In Sushila Bai vs Prem Narayan Rai (AIR 1986 MP 225), the court pointed out that if
the husband left his wife in her father’s home and did not maintain any connection
with her, then it will be considered as withdrawing from the society of his wife and
thus decree for restitution was allowed.
In Tirath Kaur vs Kirpal Singh (AIR 1996), the question before the Punjab and
Haryana High Court was ‘whether wife’s employment can be considered a
‘reasonable excuse’ to leave husband’s society and stay away from him. The court
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applied the traditional approach and held that the wife’s employment is not a
reasonable excuse. The court further said that “the wife’s first duty is to submit
herself to her husband and remain under his roof and protection.”
Again, in Gaya vs Bhagwati (AIR 1966 MP 212), the Madhya Pradesh High Court
held that under Hindu society, the wife should perform matrimonial responsibility or
obligation under the husband’s house, and she cannot take any unilateral decision.
In Shanti Devi vs Ramesh Chandra (AIR 1969 Pat 27), the Allahabad High Court
took a progressive approach. It held that during the hardship of employment, if the
wife withdraws from her husband’s company, then this withdrawal is considered a
valid withdrawal and comes under the clout of reasonable excuse. Thus no decree
for restitution was allowed.
What Is a Reasonable Excuse Under Section 9 of HMA?
Generally, the term reasonable excuse includes:
The ground on which the party can get matrimonial relief.
If the party is guilty of any matrimonial misconduct, but that misconduct does not
form any ground for divorce under section 13 of the Hindu Marriage Act. Still, that
misconduct is grave and weighty; this may also be considered a reasonable excuse.
If the party is guilty of any conjugal act or omission or misconduct that makes the
situation not fit for the other party to live with each other.
Constitutional Validity of Section 9 of the Hindu Marriage Act, 1955
T Sareetha vs T VenkataSubbaiah (AIR 1983 AP 356)
In the Andhra Pradesh High Court, it was argued that section 9 of the Hindu
Marriage Act was against the individual’s fundamental right to liberty and dignity
guaranteed by Article 21. The Andhra Pradesh High Court held that section 9 was
unconstitutional and void because it was against personal liberty.
The court said that “if the wife is compelled to live with her husband, this will also
violate her right to privacy.” Further, the court also highlighted that “the remedy of
restitution offends the inviolability of the body and mind and invades the marital
privacy and domestic intimacies of such person.”
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The Delhi High Court took an opposite view, in Harvinder Kaur vs Harmander Singh
Choudhry (AIR 1984 Delhi HC 66) and held that “the object of the degree was only to
offer an inducement for the spouse to live together, and it does not force an unwilling
wife to engage in sexual relationships with the husband.”
Saroj Rani vs Sudarshan Kumar Chandra (AIR 1984 SC 1562)
In Saroj Rani vs Sudarshan Kumar Chandra, the Supreme Court finally resolved the
tussle between section 9 and fundamental rights. The Supreme Court upheld the
view put forth by the Delhi High
The remedy of restitution only aims to protect the institution of marriage, and it does
not violate the principles enshrined under Articles 14, 19, and 21 of the Indian
Constitution. The court further said that the remedy of restitution did not enforce
sexual intercourse between the spouse, but it only brings consortium between them.
Consortium in law means “the right of association and companionship with one’s
husband or wife.”
96) Differentiate between a decree of Restitution of Conjugal Rights and a

decree of Judicial Separation
Restitution of conjugal rights is concerned with the right to stay together. If one
partner withdraws from the other partner’s society without any justifiable excuse, the
affected (second) partner can approach the Court for restitution of conjugal rights.
But, if the Court’s decision is not adhered to and the partners stay separately for a
year, it can become a reason for divorce.
Judicial separation is concerned with legal separation without divorce. It is a legal

way for one partner to separate from the other without getting the divorce decree
from the court.
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97) When can a spouse get a decree for restitution of Conjugal Rights
Ans:
Section 9 of the Hindu Marriage Act, 1955 talks about the restitution of conjugal
rights. It states that, when either the husband or the wife has, without reasonable
excuse, withdrawn from the society of the other, the aggrieved party may apply, by
petition to the district court, for restitution of conjugal rights and the court, on being
satisfied of the truth of the statements made in such petition and that there is no
legal ground why the application should not be granted, may decree restitution of
conjugal rights accordingly.
Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving reasonable excuse shall be on the person
who has withdrawn from the society.
98) When can a petition for restitution of Conjugal Rights be filed
Covered in Qs. 97 above on the same page.
99) Explain the constitutional validity of a decree for restitution of conjugal

rights with support of case laws
Ans:
In T Sareetha vs T VenkataSubbaiah (AIR 1983 AP 356), it was argued that section

9 of the Hindu Marriage Act was against the individual’s fundamental right to liberty
and dignity guaranteed by Article 21. The Andhra Pradesh High Court held that
section 9 was unconstitutional and void because it was against personal liberty. The
court said that “if the wife is compelled to live with her husband, this will also violate
her right to privacy.” Further, the court also highlighted that “the remedy of restitution
offends the inviolability of the body and mind and invades the marital privacy and
domestic intimacies of such person.”
In Harvinder Kaur vs Harmander Singh Choudhry (AIR 1984 Delhi HC 66) it was
held that “the object of the degree was only to offer an inducement for the spouse to
live together, and it does not force an unwilling wife to engage in sexual relationships
with the husband.”
Saroj Rani vs Sudarshan Kumar Chandra
In Saroj Rani vs Sudarshan Kumar Chandra (AIR 1984 SC 1562), the Supreme
Court finally resolved the tussle between section 9 and fundamental rights. The
Supreme Court upheld the view put forth by the Delhi High Court. The apex court
68
opined that the remedy of restitution only aims to protect the institution of marriage,
and it does not violate the principles enshrined under Articles 14, 19, and 21 of the
Indian Constitution. The court further said that the remedy of restitution did not
enforce sexual intercourse between the spouse, but it only brings consortium
between them.
100) Differentiate between a divorce and Judicial Separation
Ans:
The differences between judicial separation and divorce are:
(1) A petition for judicial separation can be filed at any time after the marriage but in
case of divorce, it can only be filed after completion of 1 year of marriage.
(2) Judicial separation releases the parties from matrimonial duties and obligations
for a certain period of time, but they are still husband and wife while divorce
dissolves the marriage permanently and the couple is no longer husband and wife.
(3) Judicial separation is a one-step process while divorce is a two-step process.
(4) In judicial separation, if the grounds for it are to the satisfaction of the court, it is
granted but in case of divorce, first there is an attempt to reconcile and only
thereafter divorce is ordered.
(5) Judicial separation itself can also be a ground for divorce.
(6) Under judicial separation the parties can reconcile it but under divorce, the
marriage cannot be reconciled.
(7) Judicial separation is provided for under sec 10 of the Hindu Marriage Act, 1955
while divorce is provided for under sec 13 of the act.
101) Discuss void and voidable marriages and status of children of void and
voidable marriages
Ans:
69

The following are the conditions in which a marriage is void:
(1) If any of the parties have another spouse living at the time of marriage. It shall be
considered as null and void.
(2) If the parties are within a prohibited relationship, unless the custom and usage
allows it, the marriage will be void.
(3) If the parties are sapindas i.e. those who are of the same family linkage, the
marriage will be void.
The following are the conditions in which a marriage is voidable:
unsoundness of mind, the marriage is voidable at the instance of the other party.
(2) If the party is suffering from mental disorder which makes her/him unfit for
reproduction of children, the marriage is voidable at the instance of the other party.
(3) If the party has been suffering from repeated attacks of insanity, the marriage is
voidable at the instance of the other party.
(4) If the consent of marriage by either of the parties is obtained by force or by fraud,
the marriage is voidable at the instance of that party.
According to the provisions given under the section 16 of Hindu Marriage Act, the
children born out of a marriage which is void or a marriage which was voidable and a
decree of nullity has been passed by a court, will be legitimate children. However,
they will inherit the property of their parents’ only, not the ancestral property. No
coparcenary right is given to them.
102) What are the grounds of voidable marriage under HMA. Distinguish
between Void and Voidable Marriage
Ans:
The grounds for voidable marriage are:
unsoundness of mind
(2) If the party is suffering from mental disorder which makes her/him unfit for
reproduction of children the marriage is voidable at the instance of the other party.
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(3) If the party has been suffering from repeated attacks of insanity.
(4) If the consent of marriage by either of the parties is obtained by force or by fraud.
(6) if the wife is pregnant by some other person, at the time of the marriage.

103) Explain the grounds of divorce under HMA
Ans:
Covered in Qs. 19 on page 10.
104) What is Annulment of a Hindu Marriage
Ans:
In strict Legal terminology, annulment refers only to making a voidable marriage null;
if the marriage is void ab initio, then it is automatically null, although a legal
declaration of nullity is required to establish this. Annulment is a legal procedure for
declaring a marriage null and void. A marriage can be declared null and void if
certain legal requirements were not met at the time of the marriage. If these legal
requirements were not met then the marriage is considered to have never existed in
the eyes of the law. This process is called annulment. It is very different from divorce
in that while a divorce dissolves a marriage that has existed, a marriage that is
annulled never existed at all. Thus, unlike divorce, it is retroactive: an annulled
marriage is considered never to have existed.
105) Explain adultery as a ground of divorce under HMA
Ans:
Adultery is defined under Section 13(1) of the Hindu Marriage Act, 1955, is a ground
for divorce in India. According to it, adultery is an act of voluntarily indulging into
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sexual intercourse out of marriage, i.e. any person who is not the spouse of the
respondent. Thus, it becomes necessary for the petitioner to prove that he/she is
married to the respondent, and the respondent made voluntary sexual intercourse
with another person.
Earlier courts had emphasized that the act of adultery has to be proved beyond
reasonable doubt. However, over time courts have reasoned that proving beyond
reasonable doubt is a compulsion for criminal cases, not civil cases.
106) What is constructive desertion
Ans:
Constructive desertion takes place when a husband or wife intentionally forces the
innocent spouse to leave the marital dwelling by acting in an offensive manner. The
misconduct must be so extensive as to make marital relations insufferable.
Authority is divided on what constitutes justification for leaving the marital abode.
The narrow view is that only conduct that would be grounds for DIVORCE is
adequate. In application of this view, cruelty, non-support, Adultery, or other divorce
grounds must be proved before the innocence of the fleeing spouse can be
established. Stringent requirements limit the doctrine; in some states a mere
unjustified refusal to have sexual relations with one's spouse for a certain length of
time constitutes constructive desertion. Similarly, if one spouse communicates
venereal disease to the mate, this might constitute constructive desertion. The
prolonged nagging or drunkenness of a spouse is not ordinarily viewed as
misconduct that would justify marital dissolution based upon constructive desertion.
107) What is the effect of conversion in succession
Ans:
Under Sec 26 of the Hindu Succession Act, 1956, where a Hindu has ceased or
ceases to be a Hindu by conversion to another religion, children born to him or her
after such conversion and their descendants shall be disqualified from inheriting the
property of any of their Hindu relatives, unless such children or descendants are
Hindus at the time when the succession opens.
So effectively, there is no disinheritance for the individual who has converted, his
children will suffer the disability of inheritance from Hindu relatives unless they are
Hindus at the time when the succession opens.
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108) Explain conversion, insanity and desertion as a ground of divorce under

HMA
Ans:
Under Hindu Law, conversion means that the concerned party to the marriage has
ceased to be a Hindu by conversion to another religion and such conversion is a
valid ground for seeking divorce by the other party to the marriage under Hindu law.
The term Hindu must be understood to include Buddhists, Sikhs and Jains. Further,
a person does not cease to be a Hindu merely because he is an ardent admirer of
another religion but only if he formally abdicates the Hindu faith by a clear act of
renunciation and formally converts himself to another religion.
Insanity means that the person has been incurably of unsound mind or has been
suffering continuously or intermittently from mental disorder of such a kind and to
such an extent that the petitioner cannot reasonably be expected to live with the
Respondent. The onus of proving unsound mind will be on the petitioner.
Desertion refers to a state of withdrawal of one party to the marriage from the other.
Desertion has to be without reasonable cause and for a period not less than two
years. Desertion need not necessarily be from a place but it can be from a state of
things.
109) Discuss in detail, the provisions relating to divorce by mutual consent

under HMA
Ans:
Section 13B of The Hindu Marriage Act,1955 provides the provision for Divorce by
Mutual Consent. It explains that if the parties that are living separately continuously
for a period of one year and parties are not able to live together and have agreed to
separate mutually then they can seek divorce by mutual consent.
The provision prescribes that in order to mutually dissolve a marriage, the spouses
should be living separately for a period of at least 1 year before filing the petition.
Separately need not necessarily be living in separate houses but they could be living
together but not as spouses. This was held in the case of Sureshta Devi v. Om
Prakash (1992 AIR SC 1904).
After filing a petition for divorce by mutual consent, the parties are given a waiting
period of 6 months, also known as a cooling period and it may extend up to 18
months. The objective is to provide the parties time to introspect and reconsider their
decision. If the parties are still not able to live together after the cooling period, then
the divorce petition shall be passed by the district judge.
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110) WRITE A SHORT NOTE ON divorce by mutual consent under HMA
Covered in Qs. 109 above on the same page.
111) What are bars to matrimonial relief? Explain with special reference to
Condonation and Accessory
Ans:
Matrimonial Relief basically deals with the different solutions available to a spouse
from another spouse accordingly. The petitioner may get relief from the respondent
in a proceeding for divorce or Judicial Separation or Restitution of Conjugal Rights
under the provisions contained in various sections between 9 and 13 of the Act. The
burden of proof is on the petitioner.
Sec 23 of the Act, deals with bars to matrimonial relief. These are:
(1) Doctrine of Strict Proof
(2) Taking advantage of one’s own wrong or disability
(3) Accessory
(4) Connivance
(5) Condonation
(6) Collusion
(7) Delay
(8) If consent, in a divorce by mutual consent, has been obtained by force, fraud or
undue influence.
(9) Any other legal ground.
Condonation refers to an act or behaviour of the respondent which indicates that he

has condoned the act on the basis of which the relief is being sought. For instance, if
a petition for matrimonial relief is sought on the ground of cruelty, engaging in marital
intercourse may be considered as condonation by him or her. In Dastane v. Dastane
[1970 Bom 312], the husband petitioned for divorce on the ground of the wife’s
cruelty. “It was established that after the alleged acts of cruelty, parties continued
cohabitation and during the period a daughter was born to them”. The Court further
said, “…normally, sexual intercourse is the evidence of both forgiveness and
reconciliation and raises a presumption of condonation”.
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Accessory, in matrimonial cases, means where the petitioner is somehow helping or

not trying to stop the respondent from performing any of the immoral acts.
Effectively, the petitioner is viewed as an accomplice. Hence no relief can be sought.
This is applied most commonly to cases of adultery.
112) Explain Connivance and Condonation
Ans:
Connivance of and Condonation by the petitioner are bars to matrimonial relief.
Connivance is similar to being an accessory or accomplice to the alleged act on the

basis of which the relief is sought. The basic distinction between accessory and
connivance is that:
(1) In accessory, the petitioner is as guilty as the respondent owing to his/her

involvement but there is no involvement of the petitioner in case of connivance.
(2) In its essence connivance precedes the matrimonial offence.
Both Accessory and Connivance has been most commonly used in cases of
adultery.
For example, if a respondent proposes to the petitioner that she can make money by
illicit intercourse and the wife agrees to the proposal, then the husband is guilty of
connivance, even though he hasn’t participated in any way.

has condoned the act on the basis of which the relief is being sought. For instance, If
matrimonial relief is sought on the ground of cruelty or adultery, then the court is
required, under Section 23(1)(b), to make sure that the offence, for which petition
has been filed, hasn’t been condoned by the petitioner. In Dastane v. Dastane [1970
Bom 312], the husband petitioned for divorce on the ground of the wife’s cruelty. “It
was established that after the alleged acts of cruelty, parties continued cohabitation
and during the period a daughter was born to them”. The Court further said,
“…normally, sexual intercourse is the evidence of both forgiveness and reconciliation
and raises a presumption of condonation”.
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113) Discuss Accessory, Condonation and Collusion as bars to matrimonial

relief
Ans:
Accessory, in matrimonial cases, means where the petitioner is somehow helping or

not trying to stop the respondent from performing any of the immoral acts.
Effectively, the petitioner is viewed as an accomplice. Hence no relief can be sought.
This is applied most commonly to cases of adultery.

has condoned the act on the basis of which the relief is being sought. For instance, if
a petition for matrimonial relief is sought on the ground of cruelty, engaging in marital
intercourse may be considered as condonation by him or her. In Dastane v. Dastane
[1970 Bom 312], the husband petitioned for divorce on the ground of the wife’s
cruelty. “It was established that after the alleged acts of cruelty, parties continued
cohabitation and during the period a daughter was born to them”. The Court further
said, “…normally, sexual intercourse is the evidence of both forgiveness and
reconciliation and raises a presumption of condonation”.
Collusion may be defined as an agreement between the parties whereby matrimonial

relief is desired to be obtained by deceiving the court by misrepresentation,
exaggeration or suppression of facts or cooking up of false evidence. Collusion is an
absolute bar and applies to all other matrimonial relief except divorce by mutual
consent.
114) Discuss the bars to matrimonial relief
Ans:
Sec 23 of the Hindu Marriage Act, 1955, deals with bars to matrimonial relief. These
are:
(1) Doctrine of Strict Proof – Burden of proof on the petitioner
(2) Taking advantage of one’s own wrong or disability – Doctrine of Equity. Petitioner
must also come with clean hands. For example, if petitioner has been cruel causing
the respondent’s desertion, this will be a bar for a petition for restitution of conjugal
rights.
(3) Accessory – Where petitioner somehow helped or did not try to stop the
respondent
(4) Connivance – Similar to accessory but petitioner not involved
(5) Condonation – behaviour or act of petitioner indicating condonation by petitioner

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(6) Collusion – the spouses colluding
(7) Delay
(8) If consent, in a divorce by mutual consent, has been obtained by force, fraud or
undue influence.
(9) Any other legal ground.
115) Explain Maintenance pendente lite
Ans:
Sec 24 of the Hindu Marriage Act, 1955 provides for Maintenance pendente lite.
Pendent lite means “while a suit is pending’. So, Maintenance pendente lite means
providing for living expenses and financial support while a suit is pending.
The Court can order the respondent to make payment of pendente lite, on the
application of the petitioner, if it appears to the court that the applicant has no
independent income sufficient for her or his support and the necessary expenses of
the proceeding.
The sum to be paid is to be decided by the court on what seems reasonable, having
regard to the petitioner’s own income and the income of the respondent,
Maintenance pendente lite is therefore, an interim or temporary maintenance

provided by the court during the pendency of the suit.
116) What is Interim Maintenance
Ans:
Interim Maintenance also referred to as maintenance pendente lite is awarded by the

courts during the continuation of proceedings of the divorce. The purpose is to meet
the necessary and immediate expenses of the spouse who is a party to the
proceedings.
The Court can order the respondent to make payment of pendente lite, on the
application of the petitioner, if it appears to the court that the applicant has no
independent income sufficient for her or his support and the necessary expenses of
the proceeding.
The sum to be paid is to be decided by the court on what seems reasonable, having
regard to the petitioner’s own income and the income of the respondent.
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117) What are the rights of divorced wife to receive maintenance under
different personal laws
Ans:
The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance or pendente lite to be paid during the pendency of the suit.
2. Permanent Maintenance:
Permanent maintenance is paid by the husband to his wife in case of divorce, and
the amount is determined through a maintenance petition. Sec 25 of the Hindu
Marriage Act, 1955 states that the court can order the husband to pay maintenance
to his wife in form of a lump sum or monthly amount for her lifetime. However, the
wife may not be eligible for maintenance if there are any changes in her
circumstances.
Under Section 18 of the Hindu Adoption and Maintenance Act, 1956, a wife has the
right to live separately from her husband without affecting her right to claim
maintenance. Under this law, a wife can live separately from her husband in the
following cases:
(i) The husband has deserted the wife without any reasonable cause.
(ii) The husband has subjected the wife to cruelty.
(iii) The husband is suffering from leprosy of virulent form.
(iv) The husband has extra-marital affairs.
(v) The husband has converted to another religion.
However, the wife is not entitled to claim maintenance in the following

circumstances:
(i) She has ceased to be a Hindu by converting to another religion.
(ii) She is unchaste i.e. guilty of adultery
(iii) She has remarried after the divorce.
The Muslim Women (Protection of Rights on Divorce) Act, 1986 governs

Maintenance of divorced Muslim women. A divorced woman is entitled to the
following:-
Valid and fair provision and maintenance by her ex-husband within the iddat period.
If she has children who are born before or after the divorce, then she can claim
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reasonable and fair provision and maintenance from her ex-husband for a minimum
period of 2 years from the birth dates of such children.
An amount equivalent to Meher or dower as agreed to be paid at the time of her

marriage or anytime afterwards by the ex-husband.
All the properties which are given to her by her parents/relatives/friends or by her ex-
husband/his relatives/his friends.
In case, she is unable to maintain her living after iddat period then as per the law, the
magistrate will order her relatives who would have inherited her property after her
death to make such provision as he may deem fit and suitable for her. If she is
divorced and has children, who are financially independent, then magistrate will
order them to pay maintenance to her but if the children are not financially capable,
then the woman’s parent will be directed to pay for her maintenance.
Maintenance for the divorced woman, who follows Christianity, is governed by Indian
Divorce Act, 1869. As per the Act, the maximum alimony amount that will be given to
her would be one-fifth of the husband’s income. In order to decide the amount of
permanent maintenance, the court will have to take into consideration certain factors
like husband’s financial ability to make payment, wife’s own assets and financial
capacity, conduct and behaviour of both the parties etc. The maintenance amount
will be provided till the time she stays chaste and unmarried.
Under Parsi Law, maintenance is usually similar to the Christian law but here the
husband can also claim maintenance and the court cannot offer maintenance
beyond the life of the person paying maintenance. The usual condition of chastity
follows and the amount cannot be more than one-fifth of the spouse’s income.
Marriages under the Special Marriage Act, 1954 also allows divorced wife to claim
maintenance and support by charging a quantum on husband’s property depending
on the husband’s ability to pay, his property, wife’s own wealth, property and assets,
conduct of both the parties and any other just circumstances.
118) Discuss Guardianship under Hindu Minority and Guardianship Act
Ans:
guardians:
Guardian)
79
of the minor and the minor’s welfare is the paramount consideration.
Court of wards.
119) Define Guardianship and different kinds of guardians and their powers
Covered in 118 above on the same page.

80
120) Write a short note on Natural Guardian and its powers
Under the Hindu Minority and Guardianship Act, 1956, a natural guardian is the
father followed by the mother. It is the mother if the child is illegitimate. It is the
husband for a minor married girl.
121) Who is a natural guardian of an adopted son
Ans:
Under, the Hindu Minority and Guardianship Act, 1956, The position of adopted
children is at par with natural-born children. The natural guardianship of an adopted
son who is a minor passes, on adoption, to the adoptive father and after him to the
adoptive mother. From the moment the minor is adopted by a person it is the
adoptive father that becomes the natural guardian and the natural parents cease to
be the natural guardians.
The natural guardian of a Hindu minor, including an adopted son, has power to do all
acts which are necessary or reasonable and proper for the benefit of the minor or for
the realization, protection or benefit of the minor's estate; but the guardian can in no
case bind the minor by a personal covenant Further, the natural guardian cannot,
without the previous permission of the court, mortgage or charge, or transfer by sale,
gift, exchange or otherwise, any part of the immovable property of the minor; or
lease any part of such property for a term exceeding five years or for a term
extending more than one year beyond the date on which the minor will attain
majority.
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122) Define Guardian. State the disqualifications to act as a guardian
Ans:
Guardian is "a person having the care of the person of the minor or of his property or
both person and property." It may be emphasized that in the modern law guardians
exist essentially for the protection and care of the child and to look after its welfare.
This is expressed by saying that welfare of the child is paramount consideration.
Welfare includes both physical and moral well-being.
The disqualifications to act as a guardian, under Hindu Law, are as under
(1) If the guardian renounces the world to lead a holy life, this order of life (Sanyas)
(2) If the guardian converts to another religion and hence ceases to be a Hindu
(3) If he does any act which may harm the interest or may cause injury to the
property of the child
(4) If he uses the property of minor for his personal use
The guardian is bound by the duties of upholding the priority of safeguarding the
interest of the child. It may also be noted that a minor cannot be a guardian.
123) What is the effect of conversion on the right of a guardian
Ans:
If a person who is appointed as a guardian discontinues to carry on as a Hindu and

decides to convert to any other religion or just stops following the Hindu religion and
becomes an atheist, he will be stripped of his guardianship rights and the child will
be sent to another person who the court may deem to be fit for the guardianship.
This is done because as per the essentials of guardianship under Hindu Minorities
and Guardianship Act, 1956, it is said that the guardian of any Hindu child should be
a Hindu, and any person of any other religion is not entitled to get the guardianship
of the Hindu child.
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124) What are the powers of a natural guardian over the minor's property
Ans:
As per Sec 8 (2) of the Hindu Minority and Guardianship Act, 1956, the natural
guardian of a Hindu minor has power to do all acts which are necessary or
reasonable and proper for the benefit of the minor or for the realization, protection or
benefit of the minor's estate; but the guardian can in no case bind the minor by a
personal covenant.
The powers are however subject to the provisions contained in Sec 8 (2) which state
that the natural guardian cannot, without the previous permission of the court
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of
the immovable property of the minor; or
(b) lease any part of such property for a term exceeding five years or for a term
majority.
Sec 8 (3) lays down that any disposal of immovable property by a natural guardian,
in contravention of what is stated above, is voidable at the instance of the minor or
any person claiming under him.
Sec 8 (4) also specifies that no court shall grant permission to the natural guardian to
do any of the acts mentioned in Sec 8 (2) except in case of necessity or for an
evident advantage to the minor.
125) Who is testamentary guardian
Ans:
A Testamentary Guardian is one who is appointed by a will of the natural guardian. It

is necessary for the testamentary guardian to accept 'the guardianship.
A testamentary guardian assumes all powers of a natural guardian subject to

limitations described in the Hindu Minority and Guardianship Act, 1956 and to the
limitations contained in the will. A testamentary guardian is not liable personally for
the expenses and he can ask the guardian of the property of the minor to meet the
expenses through the property.
The rights of the guardian appointed by will cease upon the marriage of the girl.
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126) Who can appoint testamentary guardian
Ans:
As per Sec 9 of the Hindu Minority and Guardianship Act, 1956, the following can
appoint a Testamentary Guardian:
(1) A Hindu father entitled to act as the natural guardian of his minor legitimate
children. An appointment made by the father as natural guardian shall have no effect
if the father predeceases the mother, but shall revive if the mother dies without
appointing, by will, any person as guardian
(2) A Hindu widow entitled to act as the natural guardian of her minor legitimate
children
(3) A Hindu mother entitled to act as the natural guardian of her minor legitimate
children by reason of the fact that the father has become disentitled to act as such
(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate
children
If the minor is a girl, the rights of the testamentary guardian shall cease on the girl’s
marriage.
127) When does a testamentary guardian become entitled to act as a guardian

of the minor
Ans:
As per Sec 9, sub-section 5 of the Hindu Minority and Guardianship Act, 1956, the
testamentary guardian has the right to act as the minor’s guardian after the death of
the minor’s father or mother, as the case may be i.e. the one who has in his/her will
appointed him as the Testamentary Guardian. This is however subject to two
exceptions. The first is as per sub-section 2 of the same section which specifies that
if the appointment of the Testamentary Guardian was made by the father of the
minor as his/her natural guardian and that father predeceases his wife, the
appointment of the Testamentary Guardian will not take effect during the life of the
mother as the natural guardian. The second exception stems from sub-section 6 of
the same section according which the Testamentary Guardian’s right ceases where
the minor is a girl and the girl gets married. So effectively, if the minor girl is already
married at the time of the death of the natural guardian who appointed the
Testamentary Guardian, the Testamentary Guardian will not be able to exercise his
right.
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128) Who are the powers of a testamentary guardian
Ans:
A testamentary guardian assumes all powers of a natural guardian subject to

limitations described in the Hindu Minority and Guardianship Act, 1956 and to the
limitations contained in the will. A testamentary guardian is not liable personally for
the expenses and he can ask the guardian of the property of the minor to meet the
expenses through the property. To enumerate these are as under:
As per Sec 8 (2) of the Hindu Minority and Guardianship Act, 1956, the natural
guardian of a Hindu minor has power to do all acts which are necessary or
reasonable and proper for the benefit of the minor or for the realization, protection or
benefit of the minor's estate; but the guardian can in no case bind the minor by a
personal covenant.
The powers are however subject to the provisions contained in Sec 8 (2) which state
that the natural guardian cannot, without the previous permission of the court
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of
the immovable property of the minor; or
(b) lease any part of such property for a term exceeding five years or for a term
majority.
Sec 8 (3) lays down that any disposal of immovable property by a natural guardian,
in contravention of what is stated above, is voidable at the instance of the minor or
any person claiming under him.
Sec 8 (4) also specifies that no court shall grant permission to the natural guardian to
do any of the acts mentioned in Sec 8 (2) except in case of necessity or for an
evident advantage to the minor.
129) What are the powers of a de facto guardian
Ans:
A de-facto guardian is a person who takes continuous interest in the welfare of the
minor's person or in the management and administration of his property without any
authority of law.
85
Under the old Hindu law, a de facto guardian enjoyed the same powers as a natural
guardian. Alienation by a natural or de facto guardian had to be supported by
necessity or benefit of the minor.
As the law stands today, under Sec 11 of the Hindu Minority and Guardianship Act,
1956, a de-facto guardian cannot dispose of, or deal with, the property of a Hindu
minor. In effect, therefore a de-facto guardian can look after the general interests of
the minor but not deal with the minor’s property.
130) Write a Short Note on Maintenance
Ans:
Temporary maintenance is granted by the court during the pendency of the

proceeding of separation or divorce to meet with the need of the petitioner. Under
Section 24 of the Hindu Marriage Act, 1955 either of the spouses can be granted
relief if the court is satisfied that the petitioner has no independent income to sustain
themselves or to get the necessary expenses of the pending proceedings under the
Act.
The maintenance that is granted permanently after the disposal of the proceedings
for a separation or divorce is referred to as Permanent Maintenance.
According to Section 25 of the Hindu Marriage Act,1955, the Applicant being either
the husband or wife is entitled to receive his or her maintenance from the spouse in
the form of a gross sum or monthly sum for a term not exceeding the lifetime of the
applicant or until the applicant remarries.
Section 18 of Hindu Adoption and Maintenance Act, 1956, states that the Hindu wife
is entitled to be maintained by her husband during the span of her lifetime. The wife
is also entitled with the right to separate residence and maintenance if any of the
conditions provided under Section 18(2), which are cruelty, leprosy, concubine living
in the same residence, conversion, is fulfilled until the wife marries again.
131) Who are capable of giving a child in Adoption
Ans:
Under Sec 9 of the Hindu Adoption and Maintenance Act, 1956, the following
persons are capable of giving a child in adoption
(1) Father of the child provided he gives the child in adoption with the consent of the
mother unless the mother has renounced the world or has ceased to be a Hindu or is
of unsound mind.
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(2) Mother of the child if the father is dead or has renounced the world or has ceased
to be a Hindu or is of unsound mind.
(3) Guardian of the child, with the prior permission of the court, if the parents are
dead or have renounced the world or have abandoned the child or are of unsound
mind or where the parentage of the child is not known.
132) What is the object of Adoption
Ans:
The objects of adoption can broadly be divided into two viz. Religious and Secular.
Religious object is to secure the performance of one’s funeral rites and the secular
object is to preserve the continuance of one’s lineage.
In Chandra Sekhar Mudaliar v. Kulandaivelu Mudaliar (AIR 1963 SC 185), the

Supreme Court in its landmark judgment, having a consensus view with earlier
decisions of the Privy Council has stated that the validity of an adoption has to be
judged by spiritual rather than temporal considerations and that devolution of
property is only of secondary importance.
In Guramma v. Mallapa (AIR 1956 SC 510), the court held that the main object of
adoption is to secure the spiritual benefit to the adopter, though its secondary object
is to secure an heir to perpetuate the adopter’s name.
133) Elucidate the object of adoption under Hindu Law. Explain in detail
capacity of a female hindu to take in adoption
Ans:
The objects of adoption can broadly be divided into two viz. Religious and Secular.
Religious object is to secure the performance of one’s funeral rites and the secular
object is to preserve the continuance of one’s lineage.
According to Sec 8 of the Hindu Adoption and Maintenance Act, 1956, any female
Hindu has the capacity to take a son or daughter in adoption provided –
(1) she is of sound mind,
(2) she is not a minor, and
(3) she is not married, or if married, her marriage has been dissolved or whose
husband is dead or has renounced the world or has ceased to be a Hindu or is of
unsound mind
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(4) she is at least 21 years elder to the person, if the person to be adopted is a male
[Sec 11 (4)]
(5) the child has not already been adopted by another person [Sec 11 (5)].
134) Explain in detail adoption by an unmarried male
Ans:
According to Sec 7 of the Hindu Adoption and Maintenance Act, 1956, an unmarried
male can take a child in adoption provided he is of sound mind and is not a minor
and has the capacity to take a son or a daughter in adoption. As per Sec 11 (iii) if the
person to be adopted is a female, the adoptive father should be at least 21 years
older than the person to be adopted.
135) Explain in detail capacity of a hindu female to take a daughter in adoption
Ans:
Hindu has the capacity to take a child whether male or female in adoption provided –
unsound mind
136) Explain in detail capacity of an unmarried hindu female to take a son in

adoption
Ans:
Hindu has the capacity to take a son or daughter in adoption provided –

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unsound mind
(4) she is at least 21 years elder to the adopted son [Sec 11 (4)]
137) Differentiate between adoptive mother and step mother
Ans:
An adoptive mother is one who has taken a child in adoption. A stepmother is a

woman who is the second wife or another wife of father of the child.
Where a Hindu, who has a wife living, adopts a child, the wife shall be deemed to be
the adoptive mother. Where an adoption has been made with the consent of more
than one wife, the seniormost in marriage among them shall be deemed to be the
adoptive mother and the others to be step-mothers.
138) When is the guardian of a child capable of giving the child in adoption
Ans:
Parents as natural guardian (father, followed by the mother) are capable of giving the
child in adoption.
A Guardian of the child, other than the father or mother as natural guardians, is
capable of giving a child in adoption, with the prior permission of the court, if the
parents are dead or have renounced the world or have abandoned the child or are of
unsound mind or where the parentage of the child is not known.
The child to be given for adoption must be given with intent to transfer the child from
the family of its birth or in the case of an abandoned child or a child whose parentage
is not known, from the place or family where it has been brought up to the family of
its adoption.
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139) Who is eligible for adoption
Ans:
According to Sec 10 of the Hindu Adoption and Maintenance Act, 1956, the
eligibility of a child for adoption are the following:
(1) he or she should be a Hindu
(2) he or she has should not have been already adopted
(3) he or she should not be married unless there is a custom or usage

applicable to the parties which permits persons who are married being taken
in adoption
(4) he or she should not have completed 15 years of age, unless there is a
custom or usage applicable to the parties which permits persons who have
completed the age of 15 years being taken in adoption.
140) Discuss the doctrine of relation back
Ans:
The doctrine of relation back under old Hindu Law states that if a Hindu widow
adopts a son after the death of her husband, then the adopted son will be deemed to
have been adopted on the death of the husband. This is so even if the adoptive
mother had not taken the permission of her deceased husband. Essentially It means
that the adopted son will be entitled in the interest of his deceased adoptive father.
The theory is against the rule that ‘a property once vested cannot be divested'. The
theory was based upon the legal fiction that the continuity of the line of the adoptive
father should not break.
The adopted son is considered to be born on the adoptive father's death date. The
ideas that arise are that the adoption of a widow cannot be obstructed by the joint
family's anterior division, and the adopted son can claim a share as if he were
begotten and alive when the adoptive father died.
The doctrine cannot be applied in two situations as under:
(1) If the deceased father’s estate has already been inherited and that inheritor has
died before the adoption actually took place, the adoptee cannot sell the properties
of the inheritor's successor
(2) Where the alienation of the property is made by a female heir after the death of
the adoptive father and before the actual adoption of the child.
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141) What is the effect of a valid adoption
Ans:
The effects of adoption are dealt with Sec 12 of the Hindu Adoption and
Maintenance Act, 1956. The primary and principal effect of an adoption is that of
transferring the adopted child from his/her natural family to that of his/her adoptive
parents. Sec 12 therefore, provides that an adopted child is to be deemed to be the
child of his or her adoptive father or mother for all purposes, with effect from the date
of adoption. From that date, all ties of the child in the family of his or her birth are
deemed to be severed and replaced by those created by the adoption in the adoptive
family.
There are however, three important provisos or qualifiers which are extremely
relevant:
(1) Firstly, such a child cannot marry any person whom he/she could not have
married if he/she had continued in the family of his/her birth.
(2) Secondly, any property which vested in the adoptive child before the adoption,
continues to vest in him/her.
(3) Lastly, the adoptive child cannot divest any person of any estate which vested in
him/her before the adoption.
142) Discuss the Law relating to Maintenance of a Wife under Hindu Adoption
and Maintenance Act
Ans:
Under Sec 18 (1) of the said Act, a Hindu wife shall be entitled to be maintained by
her husband during her lifetime. Sec 18 (2) further states she will not forfeit her claim
to maintenance even if she lives separately, if her husband:
(1) is guilty of desertion
(2) is guilty of cruelty
(3) is suffering from a virulent form of leprosy
(4) has any other wife living
(5) keeps a concubine
(6) has converted to another religion
Or for any other justifiable cause.

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However, the wife will lose her right to maintenance if she is unchaste or converts to
another religion [Sec 18 (3)].
Sec 19, of the Act, provides even for a widow’s maintenance by her father-in-law if
she is unable to maintain herself from her own sources.
143) Discuss the maintenance of a wife and a divorced wife under Hindu Law
Ans:
Under Sec 18 (1) of the Hindu Adoption and Maintenance Act, a Hindu wife shall be
entitled to be maintained by her husband during her lifetime. Her entitlement will not
be forfeited even if she stays separately if such separate stay is caused by any one
of a number of the husband’s shortcomings such as desertion, cruelty, bigamy,
suffering from virulent form of leprosy, keeping a concubine, converting to another
religion etc.
For a divorced wife, the provisions for maintenance are provided for in the Hindu
Marriage Act, 1955. Sec 25 of the Act, provides that the court, on application made
to it by the divorced wife, can order that the husband shall pay for the divorced wife’s
maintenance and support either a gross amount or a periodic sum for the life time of
the divorced wife. The court has to consider the husband’s as well as the divorced
wife’s income and other property to arrive at a sum which seems just. This sum can
also be by a charge on the immovable property of the husband.
Sec 24, also provides for interim maintenance i.e. pendente lite during the pendency
of court proceedings.
It is pertinent however, to note that the provisions under the Hindu Marriage Act is
not restricted for the benefit of the wife. The husband can also benefit from the
provisions if he does not have income and the wife does.
144) Write a Short Note on Maintenance of a Hindu widowed daughter in law
Ans:
Section 19 of the Hindu Adoption and Maintenance Act, provides that a widowed
daughter-in-law is entitled to be maintained by her father–in –law to the extent that
she is unable to maintain herself out of her own earnings or other property. The
widowed daughter-in-law can exercise this right only if she is unable to maintain
herself out of her own earnings or other property or out of the estate of her husband
or her father or her mother or her son.
The widowed daughter-in-law forfeits her right if she remarries.

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The provisions of Sec 19 has to be read with the provisions of Sec 22 which relates
to the rights of the dependent persons of the deceased person to claim maintenance
from the heirs who have inherited the estate and Sec 23 which provides discretion to
the court on the amount.
145) Who is a dependent? Discuss the general rules relating to the right of
maintenance of dependants
Ans:
As per Sec 21 of the Hindu Adoption and Maintenance Act, the dependents of a
deceased are:
(1) his/her father;
(2) his/her mother;
(3) his widow, so long as she does not remarry;
(4 his/her minor son or minor grandson or minor great grandson from his/her direct,
male descendants, provided they cannot obtain maintenance from succession to the
estates they would be entitled to.
(5) his/her unmarried daughter or the unmarried granddaughter from his/her

predeceased son or the unmarried great granddaughter of a predeceased grandson
from his/her predeceased son, so long as she remains unmarried and provided they
cannot obtain maintenance from succession to the estates they would be entitled to.
(6) his widowed daughter; provided and to the extent that she is unable to obtain
maintenance –
(i) from the estate of her husband; or
(ii) from her son or daughter, if any, or his or her estate; or
(iii) from her father-in-law or his father or the estate of either of them;
(7) any widow of his son or of a grandson of a predeceased son, so long as she
does not remarry, and provided she is unable to obtain maintenance from
succession to estates that she is entitled to.
(8) his or her minor illegitimate son, so long as he remains a minor;
(9) his or her illegitimate daughter, so long as she remains unmarried.
The right of maintenance of the dependents is laid down in Sec 22 which specifies
that heirs of a deceased Hindu who take the estate are bound to maintain the
dependents where a dependent has not obtained, by testamentary or intestate
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succession, any share in the estate of the deceased. The liability of each of the
persons who take the estate shall be in proportion to the value of the share or part of
the estate taken by him or her.
However, a heir who is himself or herself a dependent shall not be liable to

contribute to the maintenance of others, if his or her own share in the estate will
become less than what he or she would have been entitled to as a dependent.
146) State the considerations which the courts will take in to account in fixing
the maintenance under Hindu Adoption and Maintenance Act
Ans:
The considerations to be taken into account for fixing maintenance under the said
Act are:
(1) For the wife, children or aged/infirm parents
(i) the position and status of the parties
(ii) the reasonable wants of the claimant
(iii) if the claimant is living separately, whether the claimant is justified in doing
so
(iv) the value of claimant's property and any income derived from that or from
own earnings or from any other source
(v) the number of persons entitled to maintenance under this Act.
(2) For other dependents
(i) the net value of the estate of the deceased after providing for the payment of his
debts
(ii) the provision, if any, made under a will of the deceased in respect, of the
dependent
(iii) the degree of relationship between the two
(iv) the reasonable wants of the dependent
(v) the past relations between the dependent and the deceased
(vi) the value of property of dependent and any income derived from that or from his
or her earnings or from any other source
(vii) the number of dependents entitled to maintenance under this Act.

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147) Who are agnates
A person is said to be an “agnate” of another if the two are related by blood or

In other words, Agnate is a relation, who is related to the deceased wholly through
males. Thus, there must be a male in the start of each line of relation. Therefore,
son, son's son, son's son's son, son's daughter, father's mother, father's brother's
widow is an agnate of the deceased. Similarly, a father's brother's daughter would be
an agnate.
Under Sec 8, of the Hindu Succession Act, 1956, agnates are in the third category of
succession in devolution of a deceased’s estate after Class I and Class II heirs.
148) What is the difference between agnates and cognate
A person is said to be an “agnate” of another if the two are related by blood or

A person is said to be a “cognate” of another if the two are related by blood or

adoption but not wholly through males.
Thus, one’s father’s brother, or father’s brother’s son or father’s son’s son or father’s
son’s daughter are agnates whereas son’s daughter’s son or daughter, sister’s son
or daughter, mother’s brother’s son, etc. are cognates.
149) Write a short note on Marumakkattayam Law
Marumakkattayam law is a law wherein the law of inheritance is through the females
as against males in the Mitakshara Law. This law is prevalent in some communities
of Tamilnadu and Kerala. The joint Hindu family under this law is also known as
Tarwad and the Karta under this law is known as “karnavan”.
Marumakkattayam was a system of matrilineal inheritance prevalent primarily in

present-day Kerala. It was followed mainly by all Nair castes, some of the
Ambalavasis, Ezhavas, Mappilas, and tribal groups. The customary law of
inheritance was codified by the Madras Marumakkathayam Act 1932.
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150) The Hindu Succession (Amendment) Act, 2005 has given a severe blow to
the law of Mitakshara coparcenary. Critically examine
Ans:
The Hindu Succession (Amendment) Act, 2005 brought about some radical changes,
the most important of which are:
(1) Equal rights for daughters – After the amendment the daughter of a coparcener
becomes a coparcener by birth with the same rights and liabilities as a son
(2) Abolition of the Doctrine of Pious Obligation – The amendment abolished the
right to proceed against a son, grandson or great grandson for the recovery of debt
due from his father, grandfather or great-grandfather solely as a pious obligation
(3) Rights of a female in joint family dwelling place – A female can now demand a
partition
(4) Removal of restrictions for remarried widows to inherit
(5) Addition of additional categories of heirs in Class I
Thus the Hindu Succession (Amendment) Act, 2005 almost over-turned the
Mitakshara coparcenary system by including females as coparceners. However, it
has left some questions unanswered and these are (1) whether adopted daughters
also get the same rights and (2) whether females can become Karta especially one
who is married and is part of another family.
151) Explain the general rules of Succession in case of a Hindu Male
Ans:
The general rules of succession in case of a Hindu male is set out in Sec 8 of the
Hindu Succession Act, 1956. Under these rules, the property of a male Hindu dying
intestate shall devolve as under:
(1) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(2) secondly, if there is no heir of class I, then upon the heirs, being the relatives
specified in class II of the Schedule;
(3) thirdly, if there is no heir of any of the two classes, then upon the agnates of the
deceased; and
(4) lastly, if there is no agnate, then upon the cognates of the deceased.
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It is pertinent to note that the father is listed in Class II and not in Class I.
The distribution of property among heirs in class I are laid down in Sec 10 which has
4 rules. These are as under:
Rule 1.―The intestate’s widow shall take one share.
Rule 2.―The surviving sons and daughters and the mother of the intestate shall
each take one share.
Rule 3.―The heirs in the branch of each pre-deceased son or each pre-deceased
daughter of the intestate shall take between them one share.
Rule 4.― The distribution of the share referred to in Rule 3 —
(i) among the heirs in the branch of the pre-deceased son shall be so made that his
widow (or widows together) and the surviving sons and daughters get equal portions;
and the branch of his pre-deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made
that the surviving sons and daughters get equal portions.
152) Write a short note on Class I heirs
Ans:
The Class I heirs are those who have first right on the property of a Hindu male dying
intestate. The list part of the schedule to the Hindu Succession Act, 1956 and
includes the following:
(1) Son
(2) daughter
(3) widow
(4) mother
(5) son of a pre-deceased son
(6) daughter of a pre-deceased son
(7) son of a pre-deceased daughter
(8) daughter of a pre-deceased daughter
(9) widow of a pre-deceased son
(10) son of a pre-deceased son of a pre-deceased son
(11) daughter of a pre-deceased son of a pre-deceased son

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(12) widow of a pre-deceased son of a pre-deceased son
(13) son of a predeceased daughter of a pre-deceased daughter
(14) daughter of a pre-deceased daughter of a pre-deceased daughter
(15) daughter of a pre-deceased son of a pre-deceased daughter
(16) daughter of a pre-deceased daughter of a pre-deceased son
The distribution of property among heirs in class I are laid down in Sec 10 which has
4 rules.
153) Discuss the general rule of Succession under the Hindu Succession Act
relating to property of a Hindu Female dying intestate
Ans:
The general rules of succession in case of a Hindu female is set out in Sec 15 read
along with Sec 16 of the Hindu Succession Act, 1956. Sec 15 states that the
property of a female Hindu dying intestate shall devolve according to the rules set
out in section 16
(1) firstly, upon the sons and daughters (including the children of any pre-deceased
son or daughter) and the husband;
(2) secondly, upon the heirs of the husband;
(3) thirdly, upon the mother and father;
(4) fourthly, upon the heirs of the father; and
(5) lastly, upon the heirs of the mother.
The above are subject to the conditions that
(1) Any property inherited by her, from her father or mother shall devolve, in the
absence of any son or daughter (including the children of any pre-deceased son or
daughter), upon the heirs of the father; and
(2) any property inherited by a female Hindu from her husband or from her father-in-
law shall devolve, in the absence of any son or daughter of the deceased (including
the children of any pre-deceased son or daughter) upon the heirs of the husband.
The rules for distribution are laid down under Sec 16. These are:
Rule 1.― Among the heirs specified above, those in one entry shall be preferred to
those in any succeeding entry, and those included in the same entry shall take
simultaneously.
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Rule 2.―If any son or daughter of the intestate had pre-deceased the intestate
leaving his or her own children alive at the time of the intestate’s death, the children
of such son or daughter shall take between them the share which such son or
daughter would have taken if living at the intestate’s death.
Rule 3.―The devolution of the property of the intestate on the heirs of the husband,
father and mother, shall be in the same order and according to the same rules as
would have applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect
thereof immediately after the intestate’s death.
154) Write a short note on Rules of succession in the case of female Hindus
Covered in 153 above (pages 71-72)
155) Discuss the provision of the Hindu Succession Act governing intestate
succession to the property of a Hindu Female
Ans:
Covered in 153 above (pages 71-72)
156) Elucidate the concept of absolute property of a Hindu female under Hindu
Succession Act
Ans:
As per Sec 14 (1) of the Hindu Succession Act, 1956, any property possessed by a
female Hindu, even if acquired prior to the subject Act coming into force, shall be
held by her as full owner thereof and not as a limited owner.
The explanation to the section mentions that this provision applies to both movable
and immovable property acquired by inheritance or devise, or at a partition, or in lieu
of maintenance or arrears of maintenance, or by gift from any person, whether a
relative or not, before, at or after her marriage, or by her own skill or exertion, or by
purchase or by prescription, or in any other manner whatsoever, and also any such
property held by her as stridhana immediately before the commencement of this Act.
Sec 14 (2) defines the exceptions to the above and these include any property
obtained as a gift or under a will or any other instrument or under a court decree or
an award which specify a prescription on a restricted estate in such property.
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157) What are the general rules of Succession
Ans:
The Hindu Succession Act, 1956 lays down the general rules of succession. The
rules are different for males and females dying intestate. the property of a male
Hindu dying intestate shall devolve as under:
(1) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(2) secondly, if there is no heir of class I, then upon the heirs, being the relatives
specified in class II of the Schedule;
(3) thirdly, if there is no heir of any of the two classes, then upon the agnates of the
deceased; and
(4) lastly, if there is no agnate, then upon the cognates of the deceased.
It is pertinent to note that the father is listed in Class II and not in Class I.
the property of a male Hindu female dying intestate shall devolve as under:
1) firstly, upon the sons and daughters (including the children of any pre-deceased
son or daughter) and the husband;
(2) secondly, upon the heirs of the husband;
(3) thirdly, upon the mother and father;
(4) fourthly, upon the heirs of the father; and
(5) lastly, upon the heirs of the mother.
The above are subject to the conditions that
(1) Any property inherited by a her, from her father or mother shall devolve, in the
absence of any son or daughter (including the children of any pre-deceased son or
daughter), upon the heirs of the father; and
(2) any property inherited by a female Hindu from her husband or from her father-in-
law shall devolve, in the absence of any son or daughter of the deceased (including
the children of any pre-deceased son or daughter) upon the heirs of the husband.
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158) Write a short note on Rights of a child in mother's womb
Ans:
In terms of Sec 20 of the Hindu Succession Act, 1956, a child who was in the womb
at the time of the death of an intestate and who is subsequently born alive shall have
the same right to inherit to the intestate as if he or she had been born before the
death of the intestate, and the inheritance shall be deemed to vest in such a case
with effect from the date of the death of the intestate.
A child in mother’s womb is presumed to be born before the death of the intestate,
although born subsequently. In the words of D.R Mulla, “It is by fiction or indulgence
of the law that the rights of a child born in justo matrimonio are regarded by
reference to the moment of conception and not by birth and the unborn child in the
womb if born alive is treated as actually born for purpose of conferring on him
benefits of inheritance.”
159) What is the presumption in case of simultaneous death
Ans:
In terms of Sec 20 of the Hindu Succession Act, 1956, where two persons have died
in circumstances rendering it uncertain whether either of them, and if so which,
survived the other, then, for all purposes affecting succession to property, it shall be
presumed, until the contrary is proved, that the younger survived the elder.
Thus, it will be presumed that the elder died first.
160) Write a short note on Disqualification of an heir under the Hindu

Succession Act
Ans:
The Hindu Succession Act, 1956 has certain provisions which disqualifies a heir from
inheritance. These are enumerated below.
(1) Under Sec 25, a person who commits murder or abets the commission of murder
shall be disqualified from inheriting the property of the person murdered, or any other
property in furtherance of the succession to which he or she committed or abetted
the commission of the murder.
(2) Under Sec 26, where a Hindu has ceased or ceases to be a Hindu by conversion
to another religion, children born to him or her after such conversion and their
descendants shall be disqualified from inheriting the property of any of their Hindu
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relatives, unless such children or descendants are Hindus at the time when the
succession opens.
Sec 27 clarifies that If any person is disqualified from inheriting any property under
this Act, it shall devolve as if such person had died before the intestate.
161) Explain Testamentary Succession under the Hindu Succession Act
Under Sec 30 of the Hindu Succession Act, 1956, any Hindu may dispose of by will
or other testamentary disposition any property, which is capable of being so
disposed of by him or by her, in accordance with the provisions of the Indian
Succession Act, 1925 or any other law. The explanation to the section also clarifies
that the interest of a male Hindu in a Mitakshara coparcenary property will also be
deemed to be property capable of being so disposed of by him.
The proviso to Sec 6 (1) (dealing with the coparcenary rights & liabilities of
daughters), also specifies that the provisions of the sub-section shall not invalidate
any testamentary disposition of property which had taken place before the 20th day
of December, 2004.
Sub-section 2 of the same section states that any property to which a Hindu female
becomes entitled as per the provisions of sub-section 1, would be capable of being
disposed of by her by testamentary disposition.
Sub-section 3 states where a Hindu dies after the commencement of the Hindu
Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu
family governed by the Mitakshara law, shall devolve by testamentary or intestate
succession and not by survivorship. Thus, if the dying Hindu had made a will for any
part of his property, that property will devolve by testamentary succession.
162) Discuss the concept of joint hindu family under Mitakshara Law
A Hindu joint family consists of lineal descendants of a common ancestor. In other

words, a male head and his descendants, including their wives and unmarried
daughters. A coparcenary is a smaller unit of the family that jointly owns the joint
family property. A coparcenary consists of a ‘propositus’, that is, a person at the top
of a line of descent, and his three lineal descendants — sons, grandsons and great-
grandsons (daughters included after the 2005 amendment). Coparcenary property is
named thus because the co-ownership is marked by “unity of possession, title and
interest”.
In the Mitakshara school, which prevails in most parts of India, a male’s right to be a
coparcener is by birth. But if a newborn male is the fifth lineal descendant — that is a
great-great-grandson, while the common ancestor, his son, grandson and great-
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grandson are alive, the right to be included in the coparcenary will mature only when
the common ancestor dies. In other words, a coparcenary has succession up to four
degrees of lineal descent. It is believed that this is based on the Hindu tenet that only
males up to three degrees can offer spiritual ministration to ancestors. And only
males can be coparceners though the exclusivity of males has been done away with
through the 2005 amendment.
163) What is Joint hindu family and coparcenary
Ans:
A Joint Hindu Family consists of all persons who are lineally descended from a
common ancestor, and includes their wives and unmarried daughters. On marriage,
a daughter ceases to be a member of her father’s family. Ordinarily, an undivided
Hindu Family is joint, not only in estate, but also in food and worship. In fact, it is
even possible, though unlikely, that the joint family does not have an estate. A joint
Hindu family, as such, has no legal entity which is distinct from that of the members
of the family.
Coparcenary is a smaller unit of the joint family. Each member of the coparcenary,
referred to as a coparcener, jointly owns the family property. The traditional age-old
concept of a Hindu coparcenary was a male-dominated concept where only four
generations i.e. from an ancestor to his sons, grandsons and great grandsons
acquired, by birth, an interest in the coparcenary property. Each coparcener’s
interest fluctuated with births and deaths in the family. A female could not be a
coparcenary. This was in contrast to Dayabhaga coparcenary where sons did not
acquire an interest by birth and where females could be coparceners.
After the 2005 amendment, daughters can also be coparceners in the same manner
and with the same rights and liabilities as a son.
A coparcenary has unity of ownership and possession and unity of juristic existence.
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164) Explain Coparceners and its Rights and Duties
Coparcener refers to male members of a Hindu family who have an undivided

interest over the ancestral property by birth. They include the head of the family or
Karta and the three subsequent generations of the Karta which include his sons,
grandsons, and great-grandsons.
The following are the fourteen main rights of a coparcener:

common purse
partition
(14) Right to manage – A right of the senior-most member of the family to manage
the coparcenary property
The Karta has the following duties:
(1) Duty to render accounts
(2) Duty to recover debts due to the family
(3) Duty to spend reasonably

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(4) Duty not to start a new business without necessary consent
(5) Duty not to alienate coparcenary property.
165) Can a daughter be coparcener under Hindu Succession Act
Ans:
After the 2005 amendment, daughters can also be coparceners in the same manner
and with the same rights and liabilities as a son. However, the 2005 amendment act,
has left some questions unanswered and these are (1) whether adopted daughters
also get the same rights and (2) whether females can become Karta especially one
who is married and is part of another family.
166) Explain the position, powers and duties of a Coparceners
Ans:
The position of the coparcener is that of a person who has acquired an interest in the
coparcenary property at birth.
The following are the fourteen main powers or rights of a coparcener:

common purse
partition
105
(14) Right to manage – A right of the senior-most member of the family to manage
the coparcenary property
The powers of managing the Hindu Undivided Family falls on the Karta who is
generally the seniormost of the coparceners and he has the special powers as
under:
(1) Power over the income and expenditure of the family
(2) Power of alienation of property for legal necessity or for the joint benefit of the
estate
(3) Power to contract debts
(4) Power to acknowledge debts
(5) Power to start a new business
(6) Power to give a valid discharge
(7) Power to refer disputes to arbitration
(8) Power to represent the joint family in suits & other proceedings
(9) Power to compromise
He also has related duties which are:
(4) Duty not to start a new business without the necessary consent
(5) Duty not to alienate coparcenary property

106
167) Explain Coparcenary system under Mitakshara School
Ans:
Coparcenary is a term used in matters related to Hindu Succession Law. It refers to

a person who has the capacity to assume a legal right in his ancestral property by
birth. It means ‘unity of title, possession and interest’. It is purely a creation of law; it
cannot be created by the act of parties, except by adoption. It is directly derived from
the concept and practice of Hindu Undivided Family (HUF).
HUF or a Hindu joint family is an extended family arrangement where every member
is a lineal descendant of a common ancestor. This family includes a common
ancestor who is generally the eldest and three generations of his descendants.
As per Mitakshara School, the law of inheritance was followed according to the
principle of propinquity which means in order of nearness of blood relation. The
Hindu Succession Act of 1956 was also based on the same principle. The allocation
of the parental property was accorded on the rule of possession by birth which
meant that the sons of the family had exclusive right by birth in the property of the
joint family while the daughters of the family-owned no such rights. Through
amendments in 2005, the Act now includes daughters as coparceners. The rule of
allocation was known as the doctrine of survivorship. It basically meant that the
property should be allocated to the inheritor who could continue the survival of the
family in future. There is a unity of ownership; no person has a definite share as
fluctuations keep happening due to births and deaths in the family.
168) What is apratibandha daya
Ans:
Apratibandha Daya means unobstructed heritage and refers to property in which a

person acquires an interest by birth. It is so called because the accrual of the right to
such property has no obstruction. In the Mitakshaara School of Hindu Law, the lineal
descendant of a common ancestor in the male line up to four generations is
considered as coparcener and is capable to inherit and acquire an absolute share
out of the undivided property.
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169) What is Sapratibandha daya
Ans:
Sapratibandha Daya means obstructed heritage and refers to property which

accrues not by birth but on the death of the last owner. Coparcenary rights under the
Dayabhaga School arise after the death of the ultimate head of the family hence
coparcenary property is inherited as obstructed heritage (Sapratibandha Daya).
The Dayabhaga School being a little liberal with ideas drew no fundamental
difference between males and females and extended coparcenary rights to women
also. Hence females including widows and daughters were capable of inheriting the
ancestral property.
170) What is obstructed heritage
Ans:
Obstructed heritage referred to also as Sapratibandha Daya in Hindu Law refers to

property which accrues not by birth but on the death of the last owner. Coparcenary
rights under the Dayabhaga School arise after the death of the ultimate head of the
family hence coparcenary property is inherited as obstructed heritage
(Sapratibandha Daya) in the Dayabhaga School of Hindu Law.
171) What is coparcenary property
Ans:
Coparcenary property refers to the joint property of a Hindu Undivided Family (HUF).
A coparcenary consists of a ‘propositus’, that is, a person at the top of a line of
descent, and his three lineal descendants — sons, grandsons and great-grandsons.
Coparcenary property is named thus because of the co-ownership of the joint family
property which is marked by “unity of possession, title and interest”.
In the Mitakshara School, coparcenary rights arise by birth hence coparcenary

property is inherited as unobstructed heritage (Apratibandha Daya).
Under the Dayabhaga School, the rights arise after the death of the ultimate head of
the family hence coparcenary property is inherited as obstructed heritage
(Sapratibandha Daya).
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172) What is ancestral property
Ans:
Under Hindu Law, ancestral property is a species of coparcenary property which is

acquired by unobstructed heritage. If property is acquired by obstructed heritage, it is
not ancestral property. Therefore, the following points are of relevance with respect
to ancestral property:
(1) Ancestral property must belong to four generations i.e. it must be continued for
four generations and passed down from generation to generation.
(2) Ancestral property should not be divided by the members. If divided, it becomes
acquired property.
(3) In the case of ancestral property, a person has rights or interests in it by birth.
(4) Ancestral property rights are controlled by per stirpes and not per capita. The
shares within ancestral property are first determined for each and every generation
and divided for the next generation.
(5) Properties acquired from mother, grandmother, uncle, or even brother are not
ancestral properties. And property inherited by will and gift also is not ancestral
property.
(6) Any property gifted by a father to his son cannot become ancestral within the
hands of the son for the very fact that he got it from his father.
173) Write a short note on Power of a Karta to start a new business
Ans:
The Karta (manager) of a Hindu joint family generally cannot start a new business or
trade, so as to impose upon the other members the risk and liabilities of such new
business, unless it was started or carried on with their consent, express or implied.
Such consent may be presumed if the family is being maintained out of the profits of
such business or trade.
Likewise, the Karta of a joint family cannot impose upon a minor member, the risk
and liability of a new business started by himself along with the other adult
coparceners. [Sanyasi Charan Mandal v. Krishnadhan Banerji, (49 I.A. 108)]. It does
not make any difference to this proposition if the Karta happens to be the father. If
the Karta started a new business during the minority of a coparcener, who having
109
enjoyed the benefit thereof, has, on attaining majority, accepted and adopted such
business as a joint family business, that will be part of the HUF business.
174) Write a short note on Power of a Karta
Ans:
The powers of managing the Hindu Undivided Family falls on the Karta who is
generally the seniormost of the coparceners and he has, over and above the rights
which are there for all coparceners, special powers as under:
estate

110
175) Explain the position of a Karta in a Hindu Joint Family and enumerate in
detail the powers of a Karta
Ans:
The person who governs the proper functioning of the joint family is the Head or
Manager or Karta of the family. The senior most male member of the joint family is
usually the Karta and he occupies an unique position unlike any other member of the
family. The Karta is not the Agent of other members of the family so as to make them
liable as Principals. In Annamalai Chetty v. Murugesa Chetty (30 I.A. 220), it has
been held that the true relationship between the parties is neither that of a Principal
and Agent nor that subsisting between partners; rather, it is analogous to that
existing between a Trustee and Beneficiary. He has special powers as under:
estate

111
176) Who can be a Karta of a joint family
Ans:
In a family consisting of the father and his children, father is the Karta when he dies
his eldest son becomes the Karta. Thus, in a joint family consisting of brothers the
eldest brother is the Karta. It is open to the senior member to give up his right of
management. Then one junior to him can become the Karta. Karta is the head of the
joint family and acts on behalf of all the members of the joint family.
After the 2005 Amendment, a daughter can also be a coparcener. The Hon'ble High
Court of Delhi in the matter of Mrs Sujata Sharma v Shri Manu Gupta & Ors [CS
(OS) 2011/2006], has held that the eldest woman member of a Mitakshara Hindu
Undivided Family (HUF) can be its "Karta / Manager".
177) What are the powers vested in a Karta regarding coparcenary property
Covered in Qs 175 on page 81
178) What are rights and liabilities of a Karta
Ans:
The Karta of the Hindu Joint Family is liable to maintain all the members of the joint
family. All the members of the Joint Hindu Family have a right to maintenance and
residence. If the Karta is unable to maintain them, he can be sued for the same and
the member can claim their arrears of maintenance.
His special rights or powers over and above those which are available to all
coparceners are:
estate
112
179) What are the powers of a Karta regarding alienation of joint property
Ans:
While the Karta has powers to alienate joint family property, such powers are
confined to only the following three purposes:
(1) in times of distress such as affecting the whole family
(2) for the sake of the benefit of the family i.e. for its maintenance
(3) for pious purposes such as for obsequies for the ancestors
In Hanooman Persaud v. Musummat Babooee (1856 6 M.I.A.), the Privy Council

held that the power of the Karta to alienate joint family property is analogous to the
Manager of an infant heir.
The Karta has implied authority to do whatever is best for the whole family in the kind
of situations listed above. The express consent of other members or coparceners is
not necessary. However, if he desires to alienate for value so as to bind other
coparceners including minors, then he can do so –
(1) with the consent of all the coparceners, all of them being adults; or
(2) for a legal necessity; or
(3) for the benefit of the estate
180) Write a short note on Karta's power of alienation of coparcenary property
Covered in Qs 179 above.

113
181) Write a short note on Dayabhaga Law
Ans:
The Dayabhaga Law is prevalent mainly in Bengal and Assam. The concept of
coparcenary under Dayabhaga system is very different from the Mitakshara system
which prevails in almost the entire rest of India. The following features characterise
the Dayabhaga Law:
(1) Sons do not acquire any right by birth.
(2) Father has absolute power to dispose of ancestral property
(3) There is no right of partition of accounts against the father
(4) Ancestral property is property inherited over four generations i.e inherited from
father, father’s father or father’s father’s father
(5) Foundation of coparcenary rights and liabilities is premised on the death of the
father
(6) Coparcenary included both males and females
(7) Coparcenary property consists of ancestral property, joint acquisition, accretions

and property thrown into common stock
(8) Each coparcener takes a defined share and hence has absolute power to
dispose of his share
(9) No right of survivorship
(10) Absolute enjoyment of property by a coparcener
(11) Coparcener’s right to enforce partition
182) What are the structural differences between Mitakshara and Dayabhaga
coparcenaries
Ans:
(1) The most fundamental difference is that in Dayabhaga coparcenary children do

not acquire any interest in the property by birth but they do under Mitakshara Law.
(2) Foundation of coparcenary in Dayabhaga law is laid on the death of the father. It
is therefore an obstructed heritage (Sapratibandha Daya). In Mitakshara Law the
foundation is based on birth and hence is unobstructed heritage (Apratibandha
Daya).
114
(3) Under Dayabhaga Law, females can also be coparceners. In Mitakshara Law,
prior to the amendments of 2005 to the Hindu Succession Act, only males could be
coparceners.
(4) Under Dayabhaga Law, the share of each coparcener is fixed. In Mitakshara
Law, the share fluctuates based on births and deaths in the family.
(5) Under Dayabhaga law there is no right of survivorship. In Mitakshara there is.
(6) In Dayabhaga system father has absolute right to dispose of ancestral property.
In Mitakshara the right of the Karta is not absolute.
(7) Under Dayabhaga Law there is no right of partition of ancestral property against
the father. Under Mitakshara Law, the right exists.
183) Write a short note on Partition and re-union
Ans:

family. Partition is a matter of individual volition, and reduces the members to the
position of tenants-in-common. The partition of a joint estate, under the Mitakshara
Law, consists of defining the shares of the coparceners in the joint property. An
actual division is not necessary as held in Anurago v. Darshan (40 B.L.R. 758). Once
the shares are defined there is a severance of joint status. Partition can be effected
through one of several ways as under:
(1) By agreement
(2) By conduct
(3) By arbitration
(4) By notice
(5) By Will
(6) By apostasy
(7) By marriage of a coparcener under the Special Marriage Act
(8) By institution of a suit
(9) By renunciation of share
(10) By sale of one coparcener to another
(11) By any other conduct

115
Under normal circumstances partition must be full partition. However, in certain

situations the partition can be partial – either partial by persons in which one or more
leave but the others continue as a joint family and partition by property in which only
part of the property is partitioned.
In the Mitakshara system, based on unity of ownership, partition is merely the

severance of joint status. In Dayabhaga system, based on unity of possession, a
partition consists of dividing the property by metes and bounds.
become separate, re-unite in such a way as to constitute a joint family. Hence,
reunion can be undertaken if the parties were part of the original partition. Reunion
can take place only between father, brother or paternal uncle.
184) What is Partition and it's effect
Ans:

family. Partition is a matter of individual volition, and reduces the members to the
position of tenants-in-common. The partition of a joint estate, under the Mitakshara
Law, consists of defining the shares of the coparceners in the joint property. An
actual division is not necessary as held in Anurago v. Darshan (40 B.L.R. 758). Once
the shares are defined there is a severance of joint status.
Under normal circumstances partition must be full partition. However, in certain

situations the partition can be partial – either partial by persons in which one or more
leave but the others continue as a joint family and partition by property in which only
part of the property is partitioned.
The effect of partition is a severance of the joint status though under Mitakshara law
it is not necessary to do an actual division of property by metes and bounds. In
Dayabhaga system, on the other hand, an actual division of property by metes and
bounds takes place. The reason is that under Mitakshara law, the essence of
coparcenary is “unity of ownership”, while the essence of coparcenary under the
Dayabhaga law is “unity of possession”.
116
185) Explain in detail the modes of effecting partition
(1) By agreement
(2) By conduct
(3) By arbitration
(4) By notice
(5) By Will
(6) By apostasy
(7) By marriage of a coparcener under the Special Marriage Act
(8) By institution of a suit
(9) By renunciation of share
(10) By sale of one coparcener to another
(11) By any other conduct
186) Who are the persons entitled to a share on Partition
Ans:
All coparceners, except those disqualified, are entitled for a share on partition and
these include minor sons, adopted sons, after-born sons and illegitimate sons. After
the 2005 amendment, daughters can also be coparceners in the same manner and
with the same rights and liabilities as a son.
On partition and after making provisions for marriage expenses, maintenance, debts
incurred by the father and funeral expenses, the residue is divided as under:
(1) On a partition between a father and his sons, the property has to be divided
equally among the father, the sons and their mother, the share of a deceased son
passing to his widow and his male issue (daughters included after 2005
amendment), if any.
(2) If the father is dead, the property must be divided equally among the brothers and
the mother and the share of a deceased son passing to his widow and his male
issue (daughters included after 2005 amendment), if any.
(3) Each member is presumed to represent himself and his issue i.e. each branch
takes per stirpes as regards other branches but the members of such branch take
per capita.
117
187) Explain Partial Partition
Ans:
A general partition is a partition in which all the family members get separated from
each other and divided their share of their joint family property. A partial partition is
when all members may not get separated or when all properties do not get
partitioned. Generally partial partition is done by mutual or private agreement
between the parties.
(1) Partial as to property
It is open to the members of a joint family to make a division and severance of

interest in respect of a part of the joint property while retaining their status as
a joint family and holding the rest of the properties of the joint and undivided
family.
(2) Partial as regards persons
When in a joint family where more than two coparceners exist and anyone of
them wants to partition and other coparceners do not want so but wish to
continue as a joint family, then that will be called a partial partition as regards
persons. While it is generally presumed that when one coparcener separates,
the others also do so, an agreement or conduct by the other coparceners may
indicate their desire to continue.

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1

DESCRIPTIVE QUESTION BANK

SEMESTER III OF LLB (3 YEARS COURSE)

Q No. Questions Page

62 Explain Legal Provisions of Sati 44

91 Briefly discuss the evolution of the institution of marriage & 61

118 Discuss Guardianship under Hindu Minority and 78

145 Who is a dependent? Discuss the general rules relating to the 92

172 What is ancestral property 108

i. if one is a lineal ascendant of the other

The relationship also includes:

a. Relationship by half or uterine blood as well as by full blood.

b. Illegitimate blood relationship as well as legitimate

c. Relationship by adoption as well as by blood.

2) What is the presumption in case of simultaneous death?

Therefore, the presumption in case of simultaneous death is that the younger

Section 29 embodies the principle of escheat. The doctrine of escheat postulates

4) What is the jurisdiction of Family Court?

(2) For determining the validity of a marriage or matrimonial status of a person

(4) For an injunction or order arising out of a marriage

(5) For declaring the legitimacy of a person;

(6) For maintenance;

(7) For the guardianship of the person, or custody of any minor.

5) State any two rights of a karta?

The rights of a Karta include:

(1) Powers of Management which is absolute

(2) Rights to Income or Remuneration and Expenditure

(3) Rights to Represent Joint Family

(4) Right to Compromise matters relating to disputes on management and family

(5) Power to refer a Dispute to Arbitration

(6) Power to Contract Debts

(7) Power to enter into Contracts

(8) Power of Alienation

(9) Any matter of legal necessity for the joint family

6) What is the punishment for abetment of Sati?

As per Sec 4 of The Commission of Sati (Prevention) Act, 1987 –

7) When is a person disqualified to act as a Natural Guardian?

(1) If such a person has ceased to be a Hindu

(3) If such a person is the step-father

(4) If such a person is the step-mother

The conditions, contravention of which makes a Hindu marriage void are:

9) What is the difference between Patriarchal and Matriarchal family?

(a) if he is guilty of desertion

(c) if he is suffering from a virulent form of leprosy

(d) if he has any other wife living

(f) if he has ceased to be a Hindu by conversion

(g) if there is any other cause justifying her living separately.

11) Write a Short Note on Modernisation

Modernisation refers to a model of a progressive transition from a 'pre-modern' or

(2) Growth and increasing application of science and technology.

(3) Willingness to express and accept opinions.

(4) Greater emphasis on present and future than on the past

(5) Improved planning, organisation and efficiency

(6) An open socio-political set-up and progressive society

(7) Greater sense of punctuality

In independent India Modernisation was introduced in the Gandhi-Nehruvian era and

Daniel Lerner defines modernisation as the process of change whereby less

12) Write a Short Note on Dowry

13) Write a Short Note on Vidhya Dhan and Stridhan

Prior to 1930, income earned by a member of a joint family by the practice of a

(1) Gifts made to a woman before the nuptial fire.

(2) Gifts made to a woman at the bridal procession

(3) Gifts made in token of love by father-in-law, mother-in-law