Paper - V - FAMILY LAW-I (Family Relations)

Part A
Write short notes on any 2 of the following questions (2*3=6 marks)
1. Concept of Family in family law.
In family law, the concept of family is central to understanding the legal framework governing
relationships and responsibilities within a family unit. Family law addresses various aspects of family
life, including marriage, divorce, child custody, adoption, and support. The definition of family and
the rights and obligations associated with it can vary across jurisdictions, reflecting cultural, societal,
and legal differences.
2. Nature of Hindu Marriage.
In Hindu family law, marriage is considered a sacred and sacramental union between a man and a
woman. Hindu marriage is not just a social contract but is regarded as a religious sacrament, and it is
governed by various legal provisions outlined in the Hindu Marriage Act of 1955.
3. Schools of Hindu Law.
Hindu law, which governs various aspects of Hindu personal and family life, is traditionally
categorized into two main schools: Mitakshara and Dayabhaga. These schools represent distinct
systems of Hindu law, each with its own principles and interpretations. It's important to note that
these schools primarily pertain to the application of Hindu law in matters of inheritance and property
rights.
4. Registration of Marriage.
The registration of marriage is a legal process by which a marriage is officially recorded with the
relevant government authority. It is an essential step to establish the legal validity of the marriage
and to secure various rights and benefits associated with the marital relationship. The requirements
and procedures for marriage registration can vary by jurisdiction, but here is a general overview of
the process.
Part B
Answer any one of the following questions (1*7=7 marks)
5. Explain the essential conditions of valid Hindu marriage under Hindu Marriage Act, 1955.
The Hindu Marriage Act, 1955, lays down the legal framework for Hindu marriages in India. For a
Hindu marriage to be considered valid under this act, certain essential conditions must be satisfied.
These conditions are outlined in Section 5 of the Hindu Marriage Act. Here are the essential
conditions for a valid Hindu marriage:
1. Hindu by Religion:
• The marriage must involve parties who are Hindus by religion. The term "Hindu" is
broadly defined to include followers of any sect or division within the Hindu religion,
including Virashaivas, Lingayats, and Buddhists.
2. Monogamy:
• Monogamy is a fundamental principle of Hindu marriage under the Hindu Marriage
Act. This means that at the time of marriage, neither party should have a spouse
living. Polygamy is not recognized, and if a person has a spouse alive, the subsequent
marriage would be void.
3. Mental and Physical Fitness:
• Both parties must be mentally and physically fit for marriage. They should not suffer
from any mental disorder or be unfit for procreation of children.
4. Age of Marriage:
• The Act specifies the minimum age for marriage for both the bride and the groom.
The groom must have completed 21 years of age, and the bride must have
 completed 18 years of age. Any marriage below these ages is voidable at the option
of the party who was a minor at the time of the marriage.
5. Consent:
• The marriage must be entered into with the free and valid consent of both parties.
Neither party should be coerced or forced into the marriage against their will.
Consent is a crucial element for the validity of the marriage.
6. Soundness of Mind:
• Both parties must be of sound mind at the time of marriage. They should be capable
of understanding the nature of the marriage and the responsibilities that come with
it.
7. Not Within Prohibited Degrees of Relationship:
• The parties should not be within the prohibited degrees of relationship. The
relationships that are considered prohibited are specified in Schedule I of the Hindu
Marriage Act. Marriages between parties who are within the prohibited degrees are
void.
8. Solemnization According to Customary Rites and Ceremonies:
• The marriage must be solemnized according to customary rites and ceremonies of
either party. Various Hindu communities have their own customs and rituals, and the
marriage must conform to those customs.
9. Registration:
• While registration is not an essential condition for the validity of the marriage, it is
advisable and legally beneficial. Registration provides legal recognition to the
marriage and facilitates the proof of marriage when required.
It's important for couples to be aware of these essential conditions to ensure the validity of their
Hindu marriage under the Hindu Marriage Act, 1955. Compliance with these conditions is necessary
for the legal recognition of the marriage and the enjoyment of the rights and benefits associated
with marital relationships under Hindu family law.

6. Who is a Hindu and explain the Ancient and Modern Sources of Hindu law.
The term "Hindu" has been broadly defined in various legal enactments, and the definition has
evolved over time. According to the Hindu Marriage Act, 1955, and the Hindu Succession Act, 1956, a
Hindu is defined as follows:
• Hindu Marriage Act, 1955 (Section 2):
• A Hindu, for the purposes of this act, includes any person who is a Hindu by religion
in any of its forms or developments, including Virashaiva, Lingayat, and a follower of
the Brahmo, Prarthana, Arya Samaj, or Jain religions. It also includes Sikhs,
Buddhists, and Jains.
• Hindu Succession Act, 1956 (Section 2):
• The Hindu Succession Act provides a wider definition of Hindus. It includes any
person, including a Virashaiva, a Lingayat, or a follower of the Brahmo, Prarthana,
Arya Samaj, or Jain religion. It also includes Buddhists, Sikhs, and in general, any
person who is not a Muslim, Christian, Parsi, or Jew.
In essence, the term "Hindu" under these acts is not limited to those who follow the Hindu religion in
its strictest sense but encompasses a broader range of individuals who identify with various religious
and cultural traditions that originated in India.
Ancient and Modern Sources of Hindu Law:
Ancient Sources:
 1. Dharmashastra:
• The ancient Hindu legal texts, collectively known as Dharmashastra, played a
significant role in shaping Hindu law. Manusmriti (Laws of Manu) is one of the most
well-known Dharmashastra texts, providing guidelines on moral, social, and legal
conduct.
2. Smritis:
• Smritis are additional texts that complement the Dharmashastra. They include works
like Yajnavalkya Smriti, Narada Smriti, and others. These texts cover a wide range of
topics, including family law, inheritance, and duties of individuals.
3. Mitakshara and Dayabhaga Schools:
• Commentaries on Dharmashastra, such as the Mitakshara by Vijnanesvara and the
Dayabhaga by Jimutavahana, contributed to the interpretation and application of
Hindu law, particularly in matters of inheritance.
Modern Sources:
1. Hindu Marriage Act, 1955:
• This legislation governs Hindu marriages and outlines the conditions for a valid Hindu
marriage, the rights and duties of spouses, and procedures for divorce.
2. Hindu Succession Act, 1956:
• The Hindu Succession Act deals with the devolution of property among Hindus and
applies to intestate succession (when a person dies without leaving a valid will).
3. Guardians and Wards Act, 1890:
• This act provides for the appointment of guardians for minor children and is relevant
in the context of family law.
4. Hindu Minority and Guardianship Act, 1956:
• This legislation addresses matters related to the minority and guardianship of Hindu
children.
5. Adoption Laws:
• The Hindu Adoption and Maintenance Act, 1956, governs the process of adoption
among Hindus.
6. Special Marriage Act, 1954:
• While not specific to Hindus, this act allows people of different religions, including
Hindus, to solemnize and register their marriage.
7. Customary Practices:
• Customary practices and local traditions also play a role in shaping modern Hindu
family law, especially in matters not explicitly covered by statutory laws.
Both ancient and modern sources contribute to the rich tapestry of Hindu family law, with ancient
texts providing a foundation and modern enactments addressing contemporary legal needs and
societal changes.

Part C
Answer any one of the following questions (1*7=7 marks)
7. 'A' Hindu married male taken second marriage with consent of the first wife. Is it a valid
marriage.
Under Hindu law, the validity of a second marriage while the first wife is alive depends on various
factors, including the specific circumstances and the consent of the parties involved. Generally, Hindu
marriage is considered monogamous, and entering into a second marriage while the first spouse is
alive is not automatically recognized as valid. However, there are some exceptions and
considerations:
 1. Legal Provisions:
• The Hindu Marriage Act, 1955, governs Hindu marriages in India. Section 5 of the Act
specifies the conditions that need to be fulfilled for a Hindu marriage to be valid.
While monogamy is a general principle, there are certain exceptions.
2. Exception for Second Marriage:
• In certain circumstances, a Hindu male may enter into a second marriage without
formally divorcing the first wife. This is known as the doctrine of "sapinda
relationship." If the first marriage has not been consummated, or if there is a
possibility of the first wife having a sapinda relationship with the husband, a second
marriage may be permitted under specific conditions.
3. Consent of the First Wife:
• If the first wife provides her valid and free consent to the second marriage, it might
be a factor that is considered in determining the validity of the second marriage. The
willingness of the first wife can be relevant in certain situations.
4. Legal Consequences:
• While consent is an important factor, it's essential to consider the legal
consequences of a second marriage. The second marriage might not be
automatically recognized as valid, and it could lead to legal complications.
5. Void or Voidable Marriage:
• Depending on the circumstances, the second marriage may be considered void or
voidable. If it violates the conditions specified in the Hindu Marriage Act, it might be
void from the beginning. Alternatively, it could be voidable if the first wife has the
option to declare it void through legal proceedings.
6. Legal Advice:
• It's advisable for individuals in such situations to seek legal advice to understand the
specific implications under the applicable laws and to explore the best course of
action.
It's crucial to note that legal interpretations and outcomes may vary based on individual cases,
regional customs, and court decisions. The validity of a second marriage in these situations can be a
complex legal matter, and individuals involved should seek professional legal counsel for guidance
tailored to their specific circumstances.

8. 'A' married 'B' by exchange of garlands in a temple. Later 'A' married 'C' by performing
Saptapadi.
'B' and 'C' belong to communities in which Saptapdi is essential marriage cerem 'B', on coming to
know of 'A's second marriage, sought declaration that marriage between 'A' and 'C' is null and
void. Decide
The situation described involves a potential conflict between the two marriages of 'A' with 'B' and 'C'
under Hindu family law. In Hindu law, monogamy is generally the rule, and entering into a second
marriage while the first spouse is alive is not automatically valid. However, the specific circumstances
and customs of the communities involved can impact the legal outcome. Let's analyze the situation:
1. Marriage with 'B' by Exchange of Garlands:
• The exchange of garlands in a temple suggests the performance of customary rituals,
and it may be considered a valid form of marriage. However, the legal validity of the
marriage may depend on various factors, including consent, age, and the absence of
prohibited relationships.
 2. Marriage with 'C' by Performing Saptapadi:
• Saptapadi is one of the essential marriage ceremonies under Hindu law. If 'A' and 'C'
performed the Saptapadi ritual, it indicates the intent to enter into a valid marriage.
However, the validity may still be subject to compliance with other legal
requirements.
3. Monogamy and Legal Implications:
• If 'A' was already married to 'B' at the time of marrying 'C,' and 'B' was unaware of
the first marriage, it may raise questions about monogamy. In Hindu law, a second
marriage while the first spouse is alive is generally considered void or voidable unless
specific exceptions apply.
4. Saptapadi as Essential Marriage Ceremony:
• 'B' belonging to a community where Saptapadi is considered an essential marriage
ceremony adds complexity to the situation. The legal significance of the ceremonies
and customs involved will be considered in determining the validity of the marriages.
5. Legal Remedy Sought by 'B':
• 'B' seeking a declaration that the marriage between 'A' and 'C' is null and void
indicates an attempt to challenge the validity of the second marriage. The legal
proceedings may involve presenting evidence, examining customs, and considering
the legal implications of both marriages.
6. Prohibited Relationships:
• It's important to ascertain whether 'A' and 'C' fall within the prohibited degrees of
relationship under Hindu law, as relationships within certain degrees are not
allowed.
7. Legal Advice:
• Given the complexities involved, it is advisable for all parties involved to seek legal
advice from a qualified family law attorney. The legal outcome will depend on the
specific facts of the case, relevant legal provisions, and judicial interpretations.
In summary, the validity of the marriages in this situation is contingent upon various legal and
customary considerations. Seeking legal advice and potentially pursuing legal remedies, such as a
declaration of nullity, may be necessary for resolving the dispute between 'B' and 'C' under Hindu
family law.