September – 2021

Family Law - 1

PART - A

1. Classification of Hindu Law

Definition
Hindu law is a legal system based on the ancient scriptures, customs, and principles of Hindu religion.
The term "Hindu law encompasses various aspects of personal law, such as marriage, inheritance, and
adoption. The law evolved through centuries of tradition and was codified in modern times to
accommodate changes in society and promote social reforms. Hindu law is traditionally divided into two
primary branches: Classical Hindu Law and Modern Hindu Law.

Legal Status in India

Hindu law is mainly applied to Hindus, Buddhists, Jains, and Sikhs, but it does not extend to people who
follow other religions like Islam, Christianity, or Judaism. Under modern Hindu law, various statutory
acts govern personal matters of Hindus, such as marriage, divorce, and succession.

1. Classical Hindu Law:

This refers to the body of law derived from ancient texts, including the Vedas, Smritis, and the Puranas.
Classical Hindu law is primarily concerned with matters such as marriage, inheritance, and duties of
individuals in society. The primary sources of classical Hindu law include:

The Vedas: Considered the ultimate source of law in ancient times

The Smritis: Legal texts such as the Manu Smriti, which provided detailed guidance on various legal and
social issues.

The Puranas: These are religious and historical texts that also provided legal guidelines.

2. Modern Hindu Law:

This refers to the body of law that has been codified in modern times. Major codifications of Hindu law
in India include:

The Hindu Marriage Act, 1955: This Act governs marriages among Hindus, specifying the conditions for
valid marriages, grounds for divorce, and other related matters.

The Hindu Succession Act, 1956: Governs the inheritance of property among Hindus, addressing the
rights of heirs, including women, who previously had limited rights to inherit ancestral property.

The Hindu Adoption and Maintenance Act, 1956. This Act regulates the process of adoption and
provides for the maintenance of family members.

Exceptions
Although Hindu law applies to Hindus, Buddhists, Jains, and Sikhs, it does not apply to people following
other religions. Personal laws for Muslims, Christians, and others are distinct and are governed by their
respective religious laws

Social and Legal Implications

The classification of Hindu law plays an essential role in shaping the rights and duties of individuals
Modern Hindu law has made significant strides in promoting gender equality and social justice,
particularly with the amendments to the Hindu Succession Act, 1956, which gave equal inheritance
rights to daughters in ancestral property However, some traditional aspects of Hindu law still continue
to infumor the personal lives of individuals, especially in matters such as marriage and family relations.

2. Dayabhaga School

Definition
The Daya bhaga school of Hindu law in one of the two main schools that govern inheritance laws in
India, the other being the Mitakshara school. The Dayabhaga school primarily influences the inheritance
laws in Bengal and Assam. This school does not recognize the concept of coparcenary property, which is
a significant aspect of the Mitakshara school. In coparcenary systems, property is considered to be
owned jointly by the family, and all male members have a right to it by birth

In contrast, the Daya Bhaga school follows a different approach to property inheritance and emphasizes
individual rights to property rather than joint family ownership

Legal Status in India

Under the Hindu Succession Act, 1956, the Daya Bhaga school has been incorporated in some ways,
especially in the context of inheritance. However, this school treats property differently from the
Mitakshara system. It does not recognize the right to joint family property, and inheritance is based on
the individual's rights, not on the concept of coparcenary.

1. Succession: The Daya Bhaga school allows inheritance by both sons and daughters equally, thereby
promoting gender equality. This school recognizes individual rights over property and does not allow the
family to hold joint ownership of property

2. Daughters Rights: Under the Daya Bhaga school, daughters have the same inheritance rights as sons,
which is a departure from the older traditions where daughters had limited or no rights to inherit
property.

Exceptions
The Mitakshara school allows for the concept of coparcenary, where property is owned jointly by male
members of the family, and inheritance is based on this joint ownership. In contrast, the Daya Bhage
school follows the principle of individual property rights, and inheritance is based on this individual
ownership.

Social and Legal Implications

The DayaBhaga school has promoted gender equality in matters of inheritance, ensuring that both sons
and daughters have equal rights over the ancestral property. This shift was later codified in the Hindu
Succession (Amendment) Act, 2005, which granted daughters the same rights as sons in the inheritance
of ancestral property.
3. Sapinda Relationship
Definition
A Sapinda relationship refers to a relationship between individuals who are related to each other by a
common ancestor, typically within a certain number of generations. In Hindu marriage law, marriages
between Sapindas are prohibited, as it is believed that such marriages can lead to inbreeding, which
may have negative consequences on the genetic makeup of future generations.

Legal Status in India

The Hindu Marriage Act, 1955 defines the Sapinda relationship in Section 3(g) and specifies that no
Hindu can marry a person within the prohibited degree of Sapinda relationship. Marriages within the
Sapinda relationship are considered void and illegal under the law

1. Prohibited Degree of Relationship: The relationship between a man and his sapinda includes all
descendants and ancestors in a direct line, as well as collateral relationships up to a certain degree. This
is defined in terms of the number of generations.

2. Marriage within Sapinda Relationship: A marriage between individuals who are related within the
prohibited degree is void, and it can be annulled. The law prohibits such marriages to avoid genetic and
social issues related to inbreeding.

Exceptions
Marriages within the Sapinda relationship may be valid if they are sanctioned by customs or practices
recognized by the specific community, but such instances are rare

Social and Legal Implications

The concept of Sapinda relationship serves a social purpose by ensuring genetic diversity and preventing
hereditary diseases, It also helps preserve social norms and ethical considerations in family and marriage
practices.

4. Divorce

Definition
Divorce is the legal dissolution of a marriage, typically based on certain grounds such as cruelty,
adultery, desertion, or mutual consent. Under Hindu law, divorce was not traditionally recognized, but
the Hindu Marriage Act, 1955 introduced provisions for divorce.

Legal Status in India

The Hindu Marriage Act, 1955 provides several grounds for divorce, including adultery, cruelty,
desertion, conversion, mental disorder, and mutual consent. A divorce petition can be filed in a family
court, and the court will grant a decree of divorce if the grounds are proven.

1. Grounds for Divorce: Section 13 of the Hindu Marriage Act, 1955 outlines the grounds on which
divorce can be sought.

Adultery: If one spouse is guilty of adultery, the other spouse can file for divorce
Cruelty: Physical or mental cruelty is a valid ground for divorce.
Desertion: If one spouse deserts the other for a continuous period of two years, divorce can be filed.
Mutual Consent: If both spouses mutually agree to divorce, they can file for divorce under Section 138.

Exceptions
In cases of mutual consent, the court may grant a divorce decree after a cooling-off period of six
months. Divorce is not automatically granted in cases of one spouse's abandonment, but the court will
evaluate whether desertion has caused irreparable harm to the marriage.

Social and Legal implications

Divorce Laws under Hindu law aim to protect individuals from a broken or harmful marriage. It helps
provide a legal way for individuals to seek freedom from an unhealthy marital relationship and ensures
the rights to maintenance and property are settled.

5. Impotency

Definition
Impotency refers to the inability of a person to engage in sexual intercourse, and it is recognized as a
ground for the annulment or divorce of marriage under Hindu law.

Legal Status in India

Under Section 12 of the Hindu Marriage Act, 1955, impotency is one of the grounds for annulling a
marriage, If one party is impotent at the time of marriage and does not disclose it, the other party can
file for annulment.

Exceptions
If one spouse becomes impotent after marriage, it may not automatically lead to annulment, though the
other spouse may file for divorce on the grounds of cruelty or desertion

Social and Legal Implications

Impotency affects marital relations, as sexual relations are often considered an essential part of
marriage. A legal provision for annulment based on impotency ensures that one party is not bound to a
marriage that cannot be consummated.

6. Testamentary Guardians

Definition
A Testamentary Guardian is an individual appointed by a parent or guardian through a will to care for
the minor children in the event of the parent's death. This provision allows a parent to choose a
guardian for their minor children, ensuring the children's welfare is taken care of according to the
parent's wishes.

Legal Status in India

Under Hindu law, a father or mother has the legal right to appoint a testamentary guardian for their
minor children. However, it is important to note that the appointment of a testamentary guardian is not
absolute and can be subject to the approval of the court. The Guardians and Wards Act, 1890 governs
the appointment and responsibilities of guardians in India, including testamentary guardians.
1. Right to Appoint a Testamentary Guardian: A Hindu father or mother can appoint a testamentary
guardian for their minor children through a written will, which comes into effect upon the death of the
appointing parent. The guardianship rights can be revoked by the parent during their lifetime.

2. Role of the Court: Even though a parent may appoint a testamentary guardian, the court must still
approve the appointment, taking into account the welfare of the child. The court has the power to
appoint a different guardian if it is in the best interest of the minor child.

3. Mother's and Father's Rights: Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the

father is the natural guardian of the minor child. In the absence of the father, the mother becomes the
natural guardian. The testamentary guardian, however, has an additional right to care for the child as
per the parent's will, provided the court finds it to be in the child's best interests.

Exceptions
In cases where the father and mother both agree on appointing a testamentary guardian, the court may
grant their wishes. However, if any of the parents objects or if the court believes the appointment is not
in the best interest of the child, it has the authority to revoke or alter the appointment.

Social and Legal Implications

The concept of testamentary guardianship allows parents to ensure their children are cared for by a
person they trust, offering comfort that their children will be well looked after their demise. However,
the involvement of the court is a safeguard, as it ensures the welfare of the minor child is prioritized
above the wishes of the parents.

7. Nullity of Marriage

Definition
The Nullity of Marriage refers to the legal declaration that a marriage is void or invalid. A marriage can
be annulled under specific conditions prescribed by law. This does not dissolve the marriage but deems
it legally non-existent from the outset, as if the marriage never took place.

Legal Status in India

Under the Hindu Marriage Act, 1955, a marriage can be declared void or voidable based on specific
grounds. The grounds for the nullity of marriage are outlined in Section 11 and Section 12 of the Act.

1. Grounds for Nullity of Marriage:

Section 11 of the Hindu Marriage Act: A marriage is void if it violates any of the following conditions: The
marriage is between two individuals who are within the prohibited degree of relationship. One of the
parties is already married and has not obtained a divorce or the spouse has died.

Section 12 of the Hindu Marriage Act: A marriage is voidable if:

The marriage was not consummated due to the impotency of one of the parties.

The consent to marriage was obtained by force, fraud, or coercion.

One of the parties was under the age of consent and repudiated the marriage before the age of 18.
2. Legal Implications: A marriage declared void has no legal status, and the individuals involved are
considered never to have been married. A voidable marriage, however, can be contested, and if proven
valid by the court, it may continue; if invalid, it is annulled

Exceptions
A marriage cannot be annulled solely on the grounds of mental illness, unless it is severe enough to
render the individual incapable of understanding the nature of the marriage.

Social and Legal Implications

The nullity of marriage is a significant legal measure as it helps protect individuals from entering into
unlawful or coercive marriages. It ensures that a marriage based on fraud, non-consent, or within
prohibited relationships does not hold any legal validity.

8. Limited Estate

Definition
A Limited Estate is a type of property interest where an individual has the right to possess and use
property, but their rights are limited in duration, and they cannot transfer the property permanently. In
Hindu law, this concept primarily applies to situations involving female heirs who inherit property but
have restricted rights to transfer it.

Legal Status in India

Under Hindu law, the concept of a limited estate arises primarily from the rules governing inheritance. A
limited estate allows the inheritor to use the property but restricts their ability to transfer it
permanently. The inheritance rights under Section 14 of the Hindu Succession Act, 1956 govern limited
estate rules.

1. Limited Estate under Section 14: Prior to the Hindu Succession Act, 1956, a woman's inheritance was
often limited to a life estate, meaning she could use the property during her lifetime but could not
transfer it to her heirs. After the Hindu Succession Act, 1956, this position was largely altered for Hindu
women, as they gained full ownership of inherited property.

2. Limited Estate for Female Heirs: In certain cases, such as where property is inherited by a wife,
daughter, or mother, the rights may be limited, especially if it is a property that has been inherited from
a male relative. However, the law also provides certain exceptions where women have the full right to
transfer property.

Exceptions
While Section 14 of the Hindu Succession Act, 1956 provides for full ownership of property inherited by
women, some cases still have restrictions on transferability, particularly if the property is inherited with
a limited interest.

Social and Legal Implications

The concept of limited estate primarily existed to prevent the transfer of family property to outside
parties by female heirs. However, with reforms in Hindu law, especially after the Hindu Succession Act,
women's rights to inheritance have significantly improved, and the concept of limited estate has largely
been abolished in many cases.
 PART-B

9. Who is Karta? What are his powers and functions?

Definition of Karta
A Karta is the head or manager of a Hindu Undivided Family (HUF), The HUF is a unique feature of Hindu
law where a family of persons, including lineal descendants, their wives, and unmarried daughters, form
a joint family for the purposes of property, business, and religion. The Karta is usually the eldest male
member of the family who manages its affairs, especially related to joint property.

Legal Status
The Karta has distinct legal powers and responsibilities under the Hindu law. His position is recognized
under the Hindu Succession Act, 1956, and is governed by the principles of Mitakshara School (which
applies in most parts of India) and Dayabhaga School (which is followed in Bengal and Assam).

The Karta has an authoritative role in managing the family's assets, ensuring that the family's needs are
met, and that all business and financial decisions are in the family's interest. His powers are typically
exercised for the family's welfare, but are subject to legal restrictions.

Powers and Functions of Karta

1. Management of Joint Family Property

The Karta is the sole manager of the HUF's property, which includes immovable property, business
interests, and any other assets of the family. He has the exclusive right to sell, mortgage, or transfer the
family property for the family's benefit.

Example: If the family's land needs to be sold to pay off a debt, the Karta can do so without needing
consent from the other members of the family.

2. Incurring Debts for the Family's Welfare

The Karta can incur debts on behalf of the HUF for purposes of business, family obligations, and even
religious ceremonies. These debts, however, must be for family purposes, and not for his personal
benefit.

Example: The Karta may borrow money to fund the family's business expansion or to cover the medical
expenses of a family member.

3. Performing Religious Functions

The Karta is also responsible for performing religious rites and ceremonies that are important for the
welfare of the family. He is the person who represents the family in religious and cultural functions.

Example: Organizing the annual religious rituals, marriages, and other family ceremonies.

4. Legal Representation of the Family

The Karta represents the family in all legal matters, including filing suits or defending against claims. He
acts as the family's representative in courts and other legal bodies.
Example: If a property dispute arises, the Karta will file the lawsuit on behalf of the family.

5. Power to Partition the Family Property

The Karta has the power to partition the joint family property among the members, although this is
often done after consultation with other family members, especially the coparceners.

Example: If the family decides to divide its assets, the Karta would oversee the distribution of property
among the members.
6. Discretion in Financial Matters
The Karta has discretion to make financial decisions, such as investment choices, business ventures, and
managing day-to-day finances of the family.

Example: The Karta can decide where to invest the family's savings, including whether to invest in real
estate or stocks.

7. Right to Adopt
The Karta has the power to adopt a child to continue the family lineage. However, this power is limited
by certain conditions under the Hindu Adoption and Maintenance Act, 1956, and typically requires the
consent of other family members.

Example: If the Karta is the only male heir, he may adopt a son to continue the family's name and inherit
property.

Limitations and Restrictions

While the Karta has significant powers, his actions are still subject to certain restrictions:
He cannot act for personal gain at the expense of the family.
He cannot transfer or alienate property without the consent of other coparceners in certain situations,
especially if it involves significant family assets
His actions are subject to the welfare of the family and cannot be arbitrary.

Landmark Case
In K.K. Verma v. Union of India (1954), the Supreme Court discussed the powers and functions of the
Karta, emphasizing that the Karta's decisions must be in the best interest of the family.

10. "Hindu marriage is a sacrament and not a civil contract". Explain

Definition
In Hindu law, marriage is considered a sacrament (Sanskara), a sacred bond that is intended to last for
life. It is based on religious, moral, and social obligations rather than just a contractual agreement
between two parties.

Supporting Key Points:

1. Religious and Sacred Nature of Hindu Marriage:

Hindu marriage is deeply rooted in the spiritual and religious customs of Hinduism. Unlike civil contracts,
which are based purely on mutual consent and legal obligations, Hindu marriage is regarded as a sacred
bond that ties the couple for life. It is considered a Samskara (sacrament), a crucial rite of passage that
sanctifies the individual.
Marriage, in Hindu law, is primarily an act of spiritual duty rather than merely a civil arrangement. The
relationship is seen as a lifelong commitment to fulfill religious duties, such as procreating children and
maintaining dharma (righteousness). The spiritual union transcends personal desires or economic
considerations, making the bond deeply sacramental.

2. Sacramental Elements in Hindu Marriage:

Hindu marriage is marked by religious rituals and ceremonies that signify its sacredness. The most
significant ritual is the Saptapadi, or the seven steps taken by the couple around the sacred fire,
symbolizing their mutual vows. These rites are not just legal formalities but are considered binding from
a spiritual perspective.

The Hindu Marriage Act, 1955 recognizes that marriage involves religious functions such as the taking of
vows and the joining of hands) that make the union sanctified. Section 5 of the Act specifically stipulates
that a valid marriage must be solemnized according to the customs and rituals of the parties involved,
emphasizing the sacred nature of the bond.

3. Perpetuity and Irrevocability:

Unlike civil contracts, which are typically formed with the possibility of dissolution, Hindu marriage is
intended to be permanent. It is designed to endure for life, and both parties take vows to remain united
until death. The idea of marriage in Hinduism is not just based on fulfilling legal obligations but on the
spiritual journey of the individuals, which requires commitment and devotion.

This lifelong commitment is why divorce in Hindu law is not easily granted and is considered only when
the marriage has irretrievably broken down, reflecting the sanctity and seriousness of the bond.

4. Role of Family and Society:

Hindu marriage is also viewed as an institutional union that serves not only the individuals but also the
family and society. The idea is that the couple, through their union, contribute to the continuity of the
family and the social order. This societal role of marriage is rooted in Hindu culture and religion, further
highlighting its sacramental significance.

Exceptions:

1. Legal Recognition of Divorce:

The Hindu Marriage Act, 1955, while recognizing the sacramental nature of marriage, also acknowledges
the possibility of divorce. However, divorce in Hindu law is viewed as a last resort. It is not a means to
break a contract for convenience but is allowed only when there is a permanent breakdown of the
marital relationship, implying that divorce is an exception rather than a norm..

In cases where there is cruelty, adultery, or desertion, divorce may be granted, but these grounds reflect
the breakdown of the sacramental duties, rather than a simple legal dissolution of a contract.

2. Modern Legal Framework:

The codification of the Hindu Marriage Act has introduced more legal aspects to marriage, aligning it
closer to the characteristics of a civil contract, especially with respect to grounds for divorce,
maintenance, and custody of children. However, this legal framework exists alongside the recognition of
marriage as a sacrament, as it allows for the dissolution of the union only in cases of extreme
circumstances.

3. Non-Hindu Marriages:
In contrast, marriages governed by the Special Marriage Act, 1954 or the Muslim Personal Law treat
marriage as more of a contractual arrangement between individuals, where dissolution is more
straightforward.

Landmark Case:

M. S. M. Sharma v. S. D. Sharma (1969):

In this case, the Supreme Court reaffirmed the sacramental nature of Hindu marriage, stating that it
cannot be dissolved at the will of the parties involved, unlike a civil contract. The Court acknowledged
that Hindu marriage is not just a legal contract but a spiritual bond, and dissolution of this bond is
permissible only under exceptional circumstances such as irretrievable breakdown of the marriage.

Saroj Rani v. Sudarshan Kumar Chadha (1984):

This case further highlighted the concept of Hindu marriage as a sacrament. The Supreme Court
emphasized that while divorce can be granted under specific circumstances, marriage itself is primarily a
sacred union. The case reflected that marriage is seen not just in legal terms but as a lifelong religious
commitment.

Conclusion:
Hindu marriage, by its very nature, is considered a sacrament rather than just a civil contract. While
modern legal frameworks under the Hindu Marriage Act recognize the possibility of divorce and other
legal rights, the essence of Hindu marriage remains spiritual and sacred. The practices, rituals, and long-
term commitments involved in Hindu marriages reflect its sacramental nature, distinguishing it from a
purely legal contract.

11. What are the essential requisites for a valid adoption under the Hindu Adoption and Maintenance
Act. 1956?

Definition
Adoption under Hindu law is the legal process by which a person (the adoptive parent) takes a child (the
adoptee) into their family, thereby legally establishing the child as their own and giving them rights of
inheritance.

Legal Status
The Hindu Adoption and Maintenance Act, 1956 governs the adoption process among Hindus. It outlines
the conditions and legalities regarding who can adopt, the procedures to follow, and the legal
consequences of adoption.

Essential Requisites for Valid Adoption

1. Eligibility of the Adopter

The adopter must be a Hindu, a person who has not been declared unfit to adopt by the court.

A male adopter must be at least 25 years old, and a female adopter must be at least 21 years old.
A single male can adopt a female child, but a single female can only adopt a male child if there is no
male family member available.

Example: A 30-year-old man can adopt a child, while a 20-year-old woman cannot.

2. Eligibility of the Child

The child to be adopted must be a Hindu and must be under the age of 15 years. However, an adult can
also be adopted under certain conditions.

The child should not already be married or have a living biological father and mother.

Example: A 10-year-old child can be adopted, but a 16-year-old child with living parents cannot.

3. Consent of the Biological Parents

The consent of the biological parents is generally required, except in the case of an orphan or
abandoned child.

If the child is over the age of 12, their consent is also necessary.

Example: A child of a widow can be adopted with the widow's consent, but if the child is old enough,
their agreement is also required.

4. Adoption by a Married Couple

Both the husband and wife must jointly adopt the child, if one of them is adopting, the consent of the
other spouse is required.

Example: A married couple can adopt a child, but if the wife is adopting without the husband's consent,
the adoption is invalid.

5. Procedure for Adoption

The adoption must be done by a formal act of taking the child into the home, followed by the giving of
the child's name by the adopter.

Example: A public declaration or registration of adoption may take place for legal purposes

Exceptions
Adoption by individuals who are not Hindus or by people who are not legally competent is prohibited.

Landmark Case
In V. Tulasamma v. Sesha Reddy (1977), the Supreme Court emphasized that the validity of adoption
must adhere to the conditions laid out in the Hindu Adoption and Maintenance Act, 1956.

12. Write the rules of succession to the property of a Hindu male who dies intestate.

Definition
Intestate succession refers to the distribution of the property of a person who dies without leaving a
valid will. Under Hindu law, the property of a Hindu male who dies intestate is governed by the Hindu
Succession Act, 1956.

Legal Status
The Hindu Succession Act, 1956 lays down the rules for inheritance in case a Hindu male dies intestate.
The rules prioritize heirs based on their relationship to the deceased, following a tiered system of
classes.

Rules of Succession

1. Class 1 Heirs
The first priority goes to the following heirs
Sons
Daughters.
Widow.
Mother

Any surviving children or descendants.

The property is divided equally among the Class I heirs.

2. Class II Heirs
If there are no Class I heirs, Class It heirs inherit the property. They include:
Father
Brother
Sister
Other distant relatives like uncles, aunts, etc

3. Agnates and Cognates

If neither Class I nor Class It heirs are present, property passes to agnates (relatives related through the
father's side) and cognates (relatives through the mother's side).

4. Widow's Share
The widow is entitled to a share in the property, which she can use as she pleases. She is not a
coparcener but has rights under the Hindu Succession Act.

Examples
If a Hindu male dies, leaving behind a wife and two children, the property will be equally distributed
among the three (widow and two children).
If no Class I heirs exist, the property will pass to the father or other family members, in Class II

Exceptions
The property will not pass to a person who has been disqualified (e.g., through willful abandonment or
estrangement).

Landmark Case
In Vimla Devi v. Om Prakash (1971), the Supreme Court clarified the application of the Hindu Succession
Act to ensure equal distribution of property among Class I heirs.
 PART-C

13. X, a Hindu husband, converted to Islam solely for the purpose of second marriage and married Z
without dissolving his first marriage with Y. Y filed a case against X for the offence of bigamy and
sought direction to make the second marriage null and void. Decide.

1. Brief Facts
X, a Hindu man, converted to Islam to marry 2 while his first marriage with Y (a Hindu woman) was still
valid.

Y filed a case alleging bigamy and sought the nullification of the second marriage.

2. Issue Involved
X's second marriage valid under the law, and does conversion to islam allow avoidance of Hindu
marriage obligations?

3. Topic Covered
Bigamy and religious conversion under Hindu law.

4. Name of the Act

Hindu Marriage Act, 1955.

5. Related Section
Section 17 (Bigamy), read with Section 494 of the Indian Penal Code.

6. Legal Principle Involved

Conversion to another religion cannot be used to bypass the prohibitions of bigamy under Hindu law.

7. Landmark Case/Example/Illustration
In Sarla Mudgal v. Union of India (1995), the Supreme Court held that conversion to Islam solely for
contracting a second marriage without dissolving the first is invalid and constitutes bigamy

8. Opinion/Decision
The second marriage is null and void, and X is guilty of bigamy under Section 17 of the Hindu Marriage
Act

9. Reason for Opinion/Decision

Conversion to Islam does not absolve X of obligations under the Hindu Marriage Act. His first marriage
remains valid, making the second marriage illegal.

10. Conclusion
Y's case is valid, and the second marriage is null and void. X can be prosecuted for bigamy under Section
494 of the IPC

14. During the lifetime of F (father), the grandmother appointed M (mother of the minor children) as
guardian by executing a will. M proposed to transfer the properties bequeathed to the minor children.
Fobjected and filed a suit for an injunction preventing M to make transfer of the properties of his
children on the ground that he is the natural guardian of his minor children. Decide.

1. Brief Facts
F is the father of minor children. During F's lifetime, the children's grandmother (the paternal side)
executed a will in which she appointed M (the children's mother) as their legal guardian.

M, as the guardian, proposed to transfer the properties bequeathed to the minor children under the
grandmother's will.

F, as the natural father, objects to this transfer and files a suit for injunction, preventing M from
transferring the properties of the minor children. F claims that, as their natural guardian, he has the
right to manage and control their property.

2. Issue Involved:
The main issue is whether the father (F), as the natural guardian of the minor children, has the legal
authority to prevent M (the mother) from transferring the properties bequeathed to the minor children,
despite the grandmother's will appointing M as their guardian.

3. Topic Covered:
The issue falls under the domain of guardianship and parental rights in the context of Hindu law. It
involves the interpretation of the rights of a natural guardian (father) versus the rights of a testamentary
guardian (appointed by the grandmother in the will)

4. Name of the Act:

Hindu Minority and Guardianship Act, 1956.

5. Related Section:
Section 6 of the Hindu Minority and Guardianship Act, 1956-It defines the natural guardians of Hindu
minor children. Under this section, the father is the natural guardian of his minor children, and the
mother can be the guardian only in specific circumstances.

Section 13 of the Hindu Adoption and Maintenance Act, 1956-Provides that a testamentary guardian
appointed by the will of the child's father or mother does not replace the natural guardian unless
specified

6. Legal Principle Involved:

The legal principle involved here is that the father is the natural guardian of his minor children under
Hindu law, and his rights supersede those of a testamentary guardian appointed by will, unless the
father has specifically renounced his guardianship.

The natural guardian has the exclusive right to manage the property of his minor children, even if a
testamentary guardian is appointed by the will of a relative (grandmother in this case).

A testamentary guardian has only the powers that are granted to them by the will, but these powers do
not extend beyond the rights and control of the natural guardian unless explicitly stated.

7. Landmark Case/Example/Illustration:
Githe Hariharan v. Reserve Bank of India (1999):
In this case, the Supreme Court discussed the rights of natural guardians under Hindu law and clarified
that the father is the natural guardian unless a special circumstance arises. The Court emphasized that
the father's rights cannot be overridden by the will of any third party.

Gopalan v. Kalyani (1976):

In this case, the Court held that a testamentary guardian's powers are limited, and the father retains the
right to control the property of his minor children unless he has specifically relinquished that right.

8. Opinion/Decision:
The Court will likely rule in favor of F (the father), holding that as the natural guardian, he has the legal
right to prevent M (the mother) from transferring the property bequeathed to the children by the
grandmother. The father's right to manage and control the children's property takes precedence over
any appointment made in the will of the grandmother, as the father's rights as the natural guardian are
undisputed under Hindu Law.

9. Reason for Opinion/Decision:

Under the Hindu Minority and Guardianship Act, 1956, the father is recognized as the natural guardian
of his minor children, and his rights cannot be overridden by the appointment of a testamentary
guardian by a relative. The father retains control over the property of the minor children.

The will executed by the grandmother, although it appoints M as the guardian, does not diminish the
legal rights of F as the natural guardian. The father's objection is based on his exclusive right to manage
the property, which includes the power to prevent its transfer by a testamentary guardian unless the
father has relinquished such rights.

10. Conclusion:
In conclusion, F's position as the natural guardian of his minor children holds precedence. The transfer
of the properties bequeathed to the children by their grandmother cannot be carried out by M without
F's consent, as F retains the ultimate authority over his children's property under Hindu law. Therefore,
the Court is likely to grant F's request for an injunction, preventing M from transferring the property.

15. A files a petition for restitution of conjugal rights against his wife. The petition is dismissed since B
had sufficient reason to stay away as A had taken another wife. The wife claims maintenance under
Section 25 of the Hindu Marriage Act. Decide.

1. Brief Facts
A sought restitution of conjugal rights against B

The court dismissed the petition as A had taken a second wife, providing sufficient reason for B to stay
apart

B subsequently claimed maintenance under Section 25 of the Hindu Marriage Act.

2. Issue Involved
Can B claim maintenance despite refusing to cohabit with A due to his second marriage?

3. Topic Covered
Maintenance under the Hindu Marriage Act.

4. Name of the Act

Hindu Marriage Act, 1955.

5. Related Section
Section 25 (Permanent Alimony and Maintenance).

6. Legal Principle Involved

A spouse can claim maintenance if they have a valid reason to live apart.

7. Landmark Case/Example/Illustration
In Chaturbhuj v. Sita Bai (2008), the Supreme Court held that a wife is entitled to maintenance even if
she lives separately for valid reasons.

8. Opinion/Decision
B is entitled to claim maintenance under Section 25.

9. Reason for Opinion/Decision

A's second marriage constitutes cruelty and a valid reason for B to stay apart, entitling her to
maintenance.

10. Conclusion
B's claim for maintenance is legally justified, and A must provide alimony under Section 25.

16. A Hindu dies intestate, leaving behind his mother, father, widow, and son. Distribute the property.

1. Brief Facts
A Hindu man dies intestate (without a will).

He is survived by his mother, father, widow, and son.

2. Issue Involved
How should the deceased's property be distributed among his heirs?

3. Topic Covered
Intestate succession under Hindu law

4. Name of the Act

Hindu Succession Act, 1956.

5. Related Section
Section 8 (Class | Heirs).

6. Legal Principle Involved

The property of a Hindu male dying intestate devolves upon Class I heirs.

7. Landmark Case/Example/Illustration
In Vimla Bai v. Sadashiv (1990), the court emphasized that Class I heirs inherit equally.

8. Opinion/Decision
The property will be divided equally among the Class I heirs: the mother, widow, and son. The father,
being a Class II heir, does not inherit.

9. Reason for Opinion/Decision

Under Section 8, only Class i heirs (mother, widow, and son) are entitled to the property. Class II heirs
(father) inherit only if there are no Class I heirs

10. Conclusion
The property is equally distributed among the mother, widow, and son.

- Asha