Family and Marriage Law

Under the sunni law for the mother, the right to the custody of a male child is till the age of seven years and that of a female child is till she attains the age of puberty.

Under the shia law, the mother is entitled to the custody of a female child till the age of seven years.

Under Section 112 of the Evidence Act, if a child is born within 280 days after the dissolution of a valid marriage, it is CONCLUSIVE proof of the child's legitimacy. Section 112 creates a strong presumption - conclusive evidence means it cannot be rebutted even by proving no access between the parents. The 280-day period (approximately 9 months and 10 days) covers the full normal gestation period plus a buffer, ensuring that children born shortly after marriage dissolution are protected by this conclusive presumption of legitimacy.

Naveen Kohli v. Neelu Kohli (2006) is a landmark Supreme Court case that recognized irretrievable breakdown of marriage as a valid ground for divorce under Section 13 of the Hindu Marriage Act. The Court held that when a marriage has completely broken down beyond repair, continuing it would amount to cruelty. Adultery, mutual consent divorce, and conversion are separate grounds under different sections.

Forced intercourse by a husband with his wife during a decree of judicial separation constitutes rape under Section 375 of the Indian Penal Code. During judicial separation, spouses are legally living apart, and the marital rape exception (Exception 2 to Section 375 IPC) does not apply. The Hindu Marriage Act itself does not penalize rape; it is the IPC that criminalizes it. It is incorrect to say this is not an offense in India.

Under the Hindu Adoptions and Maintenance Act, 1956, a male Hindu must be of sound mind and has attained majority to have capacity to adopt. Consent of wife is required if she is a Hindu and not of unsound mind. However, being married is NOT a mandatory requirement - an unmarried male can also adopt, provided he meets the other conditions. This question tests knowledge that marriage is not a prerequisite for adoption.

Under Section 18(2)(d) of the Hindu Adoptions and Maintenance Act, 1956, a Hindu wife is not entitled to maintenance if she is unchaste. This reflects the traditional ground of 'chastity' condition attached to spousal maintenance. A husband ceasing to be Hindu or wife suffering from venereal disease are not grounds for disentitling a wife from maintenance under this Act. The correct answer is specifically about unchastity.

Under Section 11(iii) of the Hindu Adoptions and Maintenance Act, 1956, if a male Hindu wishes to adopt a female child, the age difference between the adoptive father and the child must be at least 21 years. This requirement is intended to prevent potential misuse and ensure proper parental relationship dynamics. Options of 15 or 24 years are incorrect as the law specifically mandates 21 years for adoption of girls by male adoptive parents.

This is the correct option. There was no such rule that on marriage, husband should adopt his wife's 'gotra' after giving up his own 'gotra'.

Dowry was historically most prevalent in conventional (arranged) marriages. The Dowry Prohibition Act (1961) banned this practice across all marriage types, making it illegal even in traditional arranged marriages.

This is the correct option. The pattern followed here is that the letters of the word are written in a reverse order to obtain the code. So, MARRIAGE is written as EGAIRRAM and SUPER is written as REPUS.

An agreement not to marry at all or not to marry any particular person or class of persons is void as it is in restraint of marriage.

Section 16 of the Hindu Marriage Act, 1955 legitimizes children born from void or voidable marriages, provided certain conditions are met. This provision ensures that children do not suffer for the marital status defects of their parents. The legitimacy status affects inheritance and other rights. Other sections like 15 deal with divorce procedures, and 26 deals with custody, not legitimacy.

Section 14 Hindu Marriage Act imposes a one-year cooling-off period from marriage before presenting a petition for divorce. This gives parties time to reconcile and prevents h marital breakdown.

Section 13B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent - parties can jointly petition after one year of separation. Section 13A deals with divorce by wife after one year of marriage, not mutual consent.