Family and Marriage Law

The Hindu Marriage Act, 1955 specifies grounds for divorce, judicial separation, and nullity. Abortion by wife without husband's consent is not listed as a ground under any of these provisions in the Act.

Sapinda relationships refer to blood relatives within prohibited degrees of consanguinity. The rule prohibits marriage within these blood relations, which is fundamentally an application of the principle of exogamy, meaning marrying outside of a specific group or avoiding incestuous unions within the kin group.

Option A is correct. Zihar is a form of divorce in Islamic (Muslim Personal) law where the husband makes a comparison between his wife and a female relative within prohibited degrees (such as mother or sister). This comparison, if intended, creates an irrevocable divorce. Khula is divorce at wife's instance, Illa involves conditional swearing, and Mubarrah is mutual divorce.

In Shamim Ara Vs. Union of India (2002), the Supreme Court held that 'Triple Talaq' (Talak-ul-Biddat) is not a valid form of divorce under Muslim law as it violates the Quranic principles of arbitration and reconciliation. The court ruled that such divorces must be preceded by attempts at reconciliation and are not valid if pronounced in a single sitting.

In Saroj Rani Vs. Sudarshan Kumar (1984), the Supreme Court first considered the constitutional validity of Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights). The court upheld its validity, though this position was later reversed. Section 9 allows a spouse to petition for the return of their partner if they have withdrawn from married life without reasonable cause.

Under Muslim law, a marriage between a Muslim male and a Christian female (Kitabiya - 'people of the book') is considered valid. Muslim law permits Muslim men to marry women from Ahl-e-Kitab (people with revealed scriptures like Christians and Jews), though the marriage is irregular (Faskh) if the wife does not eventually convert to Islam. However, the marriage is not void ab initio.

To prove a dowry offense, prosecutors must show: (1) demand for dowry was made, (2) within 7 years of marriage (the 'dowry death' presumption window), and (3) there was cruelty or harassment specifically in connection with that demand. All elements together establish the offense under Dowry Prohibition Act and IPC 304B.

Under the Hindu Marriage Act, 1955, the grounds of divorce appear in this order: Section 13 lists fault-based grounds (adultery, cruelty, desertion, etc.); Section 13A provides for breakdown (no resumption of cohabitation); Section 13B allows divorce by mutual consent; and Section 29 recognizes customary divorces. The Act was amended in 1976 to add the breakdown and mutual consent provisions. Option A correctly reflects this legislative sequence.

Under the Prohibition of Child Marriage Act, 2006, marriage of a girl below 18 years is voidable at her option, not automatically void. This means the marriage remains valid until the girl (who was a child at the time of marriage) approaches the court to get it annulled. The law protects minors by giving them the right to challenge such marriages while also recognizing social realities.

Under Section 5(i) of the Hindu Marriage Act, a bigamous marriage is void. Section 16 provides that children born from void marriages (including bigamous ones) are legitimate children of their parents. While both statements are legally correct, the legitimacy of the child doesn't explain why bigamous marriage is void - these are separate legal provisions.

'Tuhr' is an Islamic law term referring to the period of purity or cleanliness between menstrual cycles, which is the period of menstruation itself in this context. This concept is important in Muslim Personal Law for determining when a woman is eligible for prayer, fasting, and marital relations. Iddat is the waiting period after divorce or death of husband.

Section 19 of the Hindu Marriage Act, 1955 allows a petition to be filed in multiple jurisdictions: where the marriage was solemnized, where the respondent resided at the time of presentation, or where the parties last resided together. This provides flexibility to the petitioner and ensures access to justice. The section is designed to prevent jurisdictional hardships.

The marriage is valid.

A family court is a court convened to decide matters and make orders in relation to family law.

Decision given under Section 25 is termed as order of a court. Any order made by a court under Section 25 shall be appealable in the court to which appeal ordinarily lies from the decisions of the court given under the exercise of its original jurisdiction.