Hindu Marriage Act
Chapters/Parts
Preliminary
Hindu Marriages
Restitution of Conjugal Rights
Judicial Separation
Nullity of Marriage
Divorce
Jurisdiction and Procedure
Savings
Notes/summary of these chapters/parts (don't need to reproduce the sections)
Chart of sections and a gist of the provisions in above chapters
Landmark judgements on sections
9 to 14, 21A, 22, 24, 25, 26
(Judgements preferably Supreme court, Bombay High Court and then Other High courts, in
this sequence preferable. If SC and BOM HC Judgement not available, then other HC
Judgements. Prepare a short note about the Judgements talking about facts, law/question
of law involved and ratio).
Also
Specific Judgements on
1. S. 14
2. Quantum of Maintenance
3. Cruelty - mental cruelty
4. Courts power to do away with the 1 year period / 6 months period
All In a word file. Take 2 days time for this.
Special Marriage Act
Chapters/Parts
Preliminary
Solemnization of special Marriages
Registration of Marriages celebrated in other forms
Consequences of Marriage under this Act
Restitution of Conjugal Rights
Judicial Seperation
Nullity of Marriage
Divorce
Jurisdiction and Procedure
Miscellaneous
Notes/summary of these chapters/parts (don't need to reproduce the sections)
Chart of sections and a gist of the provisions in above chapters
Landmark judgements on sections
4, 22 to 25, 27, 28, 29, 33, 35 to 38, 40A,
(Judgements preferably Supreme court, Bombay High Court and then Other High courts, in
this sequence preferable. If SC and BOM HC Judgement not available, then other HC
Judgements. Prepare a short note about the Judgements talking about facts, law/qn of law
involved and ratio).
Also
Specific Judgements on
1. Quantum of Maintenance
2. Cruelty - mental cruelty
3. Courts power to do away with the 1 year period / 6 months period
All In a word file. Take 2 days time for this.
Family Courts Act
Chapters/Parts
Preliminary
Family Courts
Jurisdiction
Procedure
Appeal
Revision
Miscellaneous
Notes/summary of these chapters/parts (don't need to reproduce the sections)
Chart of sections and a gist of the provisions in above chapters/parts
All In a word file. Take 1 day time for this.
Total 3 assignments.
You could send all at once after 5-6 days.
Or one by one as per the time stated in each Assignment
Hindu Marriage Act
Preliminary
Applicable to any person who belongs to Hindu religion including Virashavia, a Lingayat;
follower of Brahmo, Prarthana or Arya samaj; Buddhist, Jain, Sikh religion; all other people
domiciled in the territories to which the act extends who are not Muslim, Christian, Parsi or
Jew by religion.
Also applicable to all or any legitimate or illegitimate children of both parents who belong,
either parents belong and the child has been raised as above mentioned religion, any person
converted to above mentioned religion.
Definitions
Full Blood
Half Blood
Uterine Blood
Sapinda Relationship
Prohibited relationship as per the act:
Lineal ascendant or descendant
Wife or husband of lineal ascendant or descendant
Wife of the brother or father or mother or grandfather or grandmother’s
brother of the other;
Brother - sister; uncle-niece; aunt- nephew; children of brother or sister;
These relationships include legitimate, illegitimate, half blood, uterine blood, adoption as
well as by blood.
Hindu Marriages
Conditions for Valid marriage
1. Neither party has a living spouse
2. Capable of valid consent and of sound mind
3. Not suffering from mental disorder that’s extents as to of unfit for marriage
and procreation of children.
4. Groom over age 21 and 18 for bride.
5. Parties not within prohibited relationship
Marriage to be solemnized as per custom and ceremonies like saptapadi.
Registration of Hindu marriage as per state government.
Restitution of Conjugal Rights and Judicial Separation
When either husband or wife without reasonable case refuses to live with the other party,
the aggrieved party may apply, for restitution of conjugal rights. It will be on the party
refusing to live together to prove reasonable cause.
Judicial separation grounds as per act Section 13 (1). After decree for judicial separation
passed, no need for cohabitation.
Nullity of Marriage and Divorce
Any marriage not according to conditions for valid marriage is void.
Voidable marriages according to the act may be annulled by a decree of nullity based on,
marriage has not been consummated due to respondent
not a valid marriage
consent obtained by force
respondent was at the time of the marriage pregnant by some other person
petition presented before lapse of 1 year after force or fraud discovered.
at the time of the marriage ignorant of the facts alleged
marital intercourse with the consent of the petitioner has not taken place
since the discovery by the petitioner of the existence of the said ground.
Section 13 Grounds for Divorce
infidelity
cruelty
deserted
converted religion
mental disorder
psychopathic disorder
venereal disease
renounced the world by entering any religious order
not been heard of as being alive for a period of seven years or more
Judicial separation
Divorce by mutual consent
Section 14 no dissolution of a marriage by a decree of divorce
Section 15 divorced and no right
