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India · 3rd Year · Family Law

Marriage & Divorce II

HMA sections, guardianship and recent cases.

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  1. 1.HMA s 7 — when is a Hindu marriage complete where saptapadi is followed?

    When the seventh step is taken.

    HMA 1955, s 7

  2. 2.HMA s 9?

    Restitution of conjugal rights where a spouse has withdrawn from the society of the other without reasonable excuse.

    HMA 1955, s 9

  3. 3.HMA s 11 vs s 12?

    s 11: void marriages (bigamy, prohibited degrees, sapindas — unless custom permits). s 12: voidable marriages (e.g. impotence, unsoundness of mind, consent obtained by force or fraud, pre-marriage pregnancy by another).

    HMA 1955, ss 11–12

  4. 4.Gita Hariharan v Reserve Bank of India (1999) — held?

    "After" the father in s 6(a) of the Hindu Minority and Guardianship Act means "in the absence of"; the mother can act as natural guardian during the father's lifetime.

    (1999) 2 SCC 228

  5. 5.Sarla Mudgal v Union of India (1995) — held?

    A Hindu husband who converts to Islam to marry again without dissolving the first marriage commits bigamy.

    (1995) 3 SCC 635

  6. 6.Shilpa Sailesh v Varun Sreenivasan (2023) — held?

    The Supreme Court can use Article 142 to dissolve a marriage on the ground of irretrievable breakdown and waive the six-month waiting period for mutual consent divorce.

    Constitution Bench, 1 May 2023

  7. 7.Supriyo Chakraborty v Union of India (2023) — held?

    No fundamental right to marry; recognising same-sex marriage is for Parliament, and the majority declined to recognise civil unions.

    Constitution Bench, 17 October 2023

  8. 8.Rajnesh v Neha (2020) — significance?

    Laid down guidelines on maintenance, including mandatory affidavits of assets and liabilities and the date from which maintenance is payable.

    (2021) 2 SCC 324

  9. 9.Which Act allows a Muslim wife to seek divorce through court?

    The Dissolution of Muslim Marriages Act, 1939.

    Act 8 of 1939

  10. 10.Which Act prohibits child marriage today?

    The Prohibition of Child Marriage Act, 2006 (replacing the Child Marriage Restraint Act, 1929).

    PCMA 2006