Hindu Law: Marriage, Divorce, Maintenance, Adoption and Succession — Practice

Question 1

What is the minimum period of desertion for divorce under Section 13?

Accepted Answer

Two years continuously immediately before the petition.

Question 2

Which amendment made daughters coparceners by birth and in which year?

Accepted Answer

The amendment to Section 6 of the Hindu Succession Act, in 2005.

Question 3

State the conditions of a valid Hindu marriage under Section 5.

Accepted Answer

Neither party has a living spouse; neither is incapable of giving valid consent through unsoundness of mind or unfit mental disorder; the groom is 21 and the bride 18; the parties are not within prohibited degrees or sapindas unless custom permits.

Question 4

What is the status of children of void and voidable marriages?

Accepted Answer

Under Section 16 they are legitimate. In Revanasiddappa v. Mallikarjun (2011) they are entitled to a share in the parents' property, though not in the coparcenary property of the parents' families.

Question 5

State the requirements for divorce by mutual consent and the effect of Amardeep Singh.

Accepted Answer

The spouses must have lived separately for a year or more, be unable to live together and have mutually agreed to dissolve the marriage. A six-month waiting period applies before the decree, but Amardeep Singh v. Harveen Kaur (2017) held it directory and waivable where the parties have settled and there is no chance of reunion.

Question 6

H sues W for divorce on the ground of desertion after she left in 2018 and lived with her mother. W says she left because of cruelty. Decide.

Accepted Answer

Desertion under Section 13(1)(ib) requires abandonment without reasonable cause, without consent and against the wish of the other, for at least two years. If W left because of cruelty, she had reasonable cause and there is no desertion. The court must decide the cruelty on the evidence. If it is shown, H's petition fails and W may seek maintenance and file a cross-petition.

Question 7

Explain the effect of Vineeta Sharma v. Rakesh Sharma (2020).

Accepted Answer

The Supreme Court held that a daughter's right as a coparcener under the 2005 amendment arises by birth and does not depend on whether the father was alive on 9 September 2005. She has the same rights and liabilities as a son in the coparcenary property.

Question 8

After how long can a spouse seek divorce on the ground of presumed death?

Accepted Answer

If the other has not been heard of as being alive for seven years or more.

Practice — Hindu Law: Marriage, Divorce, Maintenance, Adoption and Succession

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