Family and Marriage Law

Proposition (i) is correct because introducing consent theory into divorce law, allowing mutual consent for dissolution of marriage, makes obtaining a divorce significantly easier by removing the strict requirement to prove matrimonial fault. Proposition (ii) contradicts this by suggesting it makes divorce difficult. Therefore, only statement (i) holds true.

This metaphorical statement about 'all thorn and no rose' describes the 'irretrievable breakdown of marriage' theory of divorce. When a marriage becomes entirely destructive ('all thorn') with no positive elements ('no rose'), this theory allows divorce. It differs from restitution (restoring marriage), judicial separation (living apart but remaining married), or mutual consent (both agree to divorce). Option D is correct.

Under Sunni Islamic law, marriage (nikah) is considered 'ibadat' (worship) - a sacred covenant and religious duty, not merely a contract for sexual gratification. While Shia law treats it primarily as a civil contract (aqd), the Sunni view elevates it to worship status. The statement correctly captures the Sunni perspective that marriage serves spiritual purposes beyond physical pleasure. Option A (True) is correct.

Section 2(ii) of the Dissolution of Muslim Marriage Act, 1939 provides that a Muslim wife may seek divorce if her husband has been insane for a period of at least two years. This ground recognizes the hardship and practical difficulties of maintaining marriage with a mentally unsound spouse. The two-year requirement ensures permanence of insanity before divorce is granted.

Under Islamic law, a woman in iddat (waiting period after divorce or death of husband) cannot marry another man. The iddat period is mandatory to determine paternity in case of pregnancy. Any marriage contracted during this period is considered batil (void/invalid) from the outset, not merely fasid (irregular).

For divorce by mutual consent under Section 13B of the Hindu Marriage Act, the essential requirements are: (1) living separately for one year, (2) being unable to live together, and (3) mutual agreement to dissolve the marriage. Maintenance settlement is NOT explicitly mentioned as an essential requirement in the statute itself, though courts often ensure it. The question tests statutory requirements, not court practices.

Under Muslim Law, fosterage (rada'at) creates a prohibited relationship similar to blood relations. A foster mother becomes prohibited (haram) for marriage, and this prohibition extends to her children. Therefore, a marriage between persons related by fosterage is void (batil) ab initio - it is treated as if it never existed from the beginning. This differs from fasid (irregular) marriages which are merely defective but can be rectified.

Under Muslim Law, marriage between persons related by fosterage (rada'at) is void (batil). Fosterage creates a permanent prohibition similar to blood relationships. A foster mother becomes haram (forbidden) for marriage, and her foster children also become prohibited for each other. This prohibition is absolute and the marriage is considered null and void from the beginning, not merely irregular (fasid).

Under Section 5(4) of Hindu Marriage Act, 1955, marriages within Sapinda relationship are VOID (not voidable or irregular). Sapinda relations are those within a certain degree of prohibited kinship - essentially close blood relations. A void marriage has no legal effect from inception. This reflects Hindu law's prohibition on marriages between close relatives to maintain genetic and social boundaries.

Dower (Mahr) in Muslim law is a sum of money or property that the husband promises to pay to the wife as a mark of respect and as consideration for the marriage. It is an obligation imposed on the husband, not a sale price (which would make marriage a commercial transaction) and not dowry (which is payment from bride's side and prohibited). Options (ii) and (iv) correctly capture the essence of Mahr.

In Seema Vs. Ashwani Kumar (2006), the Supreme Court held that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective states where the marriage is solemnized. The Court directed all states and Union Territories to enact laws for compulsory registration of marriages within three months. This was a significant step towards documenting marriages and protecting women's rights.

Under Section 5 of the Hindu Marriage Act 1955, conditions for valid marriage include: no living spouse (monogamy), sound mind, no prohibited relationship, and minimum age. If the bride is below 18 years, consent of guardian is NOT mentioned as a condition in Section 5 itself. The age condition (18 for bride, 21 for groom) is mandatory.

Both statements are correct. Marriage breakdown alone is not a statutory ground for divorce under Indian matrimonial laws. Divorce requires specific grounds like cruelty, desertion, adultery, etc. Allowing divorce on mere breakdown would make dissolution too easy, potentially undermining marriage stability and social order.

Section 7 of the Hindu Marriage Act prescribes the necessary ceremonies for a Hindu marriage, including the saptapadi where required. When no form of marriage or essential ceremonies are gone through, the marriage lacks legal recognition as a valid marriage under the act and is considered ineffective or non-existent in the eyes of the law rather than formally void or voidable.