Family and Marriage Law

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.

Restitution of conjugal rights is available to both husband and wife under Section 9 of the Hindu Marriage Act, 1955, and similar provisions in other personal laws. Either spouse can file for restitution when the other has withdrawn from the society without reasonable cause. The remedy is gender-neutral and available to both parties equally.

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 specifies that the custody of a minor child under five years of age shall ordinarily remain with the mother. This is the 'tender age rule' based on the presumption that maternal care is crucial for infants.

A man is prohibited from marrying his daughter on the ground of consanguinity - blood relationship. Under Hindu Marriage Act, 1955, sapinda relationships (blood relations) within prohibited degrees cannot marry. Consanguinity refers to relationships by blood, unlike affinity (by marriage) or fosterage (by nursing).

Under Section 125(4) of CrPC and personal laws, maintenance can be forfeited if the wife remarries or engages in sexual immorality. The court can stop maintenance on either ground - remarriage terminates the entitlement, while sexual immorality shows disentitlement to support. These are statutory grounds for withdrawing maintenance.

Section 11 of the Hindu Marriage Act, 1955 allows either party to file a petition for declaring a marriage void. This means both the husband and wife have equal standing to challenge the validity of a void marriage. A void marriage is one that is considered null from the beginning due to prohibited relationships or conditions.

Option (1) is incorrect: Under Section 112 of the Indian Evidence Act, it is not rebuttable presumption of law. Option (2) is incorrect: Under Section 112 of the Indian Evidence Act, it is not rebuttable presumption of fact. Option (3) is incorrect: Under Section 112 of the Indian Evidence Act, it is not a mixed presumption of law and fact. Option (4) is correct. Under Section 112 of the Indian Evidence Act, the fact that any person was born during the continuance of a valid marriage between his mother and man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be a conclusive proof that he is the legitimate son of that man.

Option (1) is incorrect: It is void from the very beginning. Option (2) is incorrect: It is legal but void. Option (3) is correct: Under Section 26 of the Indian Contract Act, 1872, every agreement in restraint of the marriage of any person, other than a minor, is void. Option (4) is incorrect: It is not a valid agreement.

The Sharda Act (Child Marriage Restraint Act, 1929) was enacted to prohibit child marriage in India. It set the minimum marriage age at 14 for girls and 18 for boys (later amended). It was named after its sponsor Harbilas Sharda. Widow remarriage (1856), inter-caste marriage, and polygamy were addressed by different legislation.

As per Section 13 of Transfer of property Act, 1882, where on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer.

Option (1) is incorrect: Wife earning herself cannot claim maintenance from her husband under Section 125 of the CrPC. Option (2) is correct: Under Section 125(4) of the Code of Criminal Procedure, if a wife is living separately by mutual consent, she cannot claim maintenance from her husband. Option (3) is incorrect: Wife, under Section 125, defined as woman, who has been divorced by her husband or has obtained divorce and has not remarried. Option (4) is incorrect: Wife, under Section 125, defined as woman, who has been divorced by her husband or has obtained divorce and has not remarried.

Option (1) is correct: Under Section 125(1) of the CrPC, if any person having sufficient means neglects or refuses to maintain his wife, his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can apply under Section 125 of the CrPC. Option (2) is incorrect: Not only wife, even his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can get relief under Section 125 of the CrPC. Option (3) is incorrect: Not only wife, even his legitimate or illegitimate minor child, his legitimate or illegitimate child (not being a married daughter) who has attained majority, his father or mother unable to maintain himself or herself can get relief under Section 125 of the CrPC. Option (4) is incorrect: Section 125 of the CrPC talks about maintenance.

A Brown female stays Brown. Her father could be Red-born (married into Brown group). His father could be Red-born. So Brown female could have a Red-born grandfather (I) and Red-born grandmother (II). Two Brown grandfathers is impossible since at least one grandfather would be from outside group.

Brown male could marry Red female (becomes Brown). His Brown brother could marry Red female (also becomes Brown). So Brown male has uncles in both groups. Brown daughter is impossible (children follow parents). Brown son impossible (son of Brown-born who married Red stays Red).

A Red female's mother is Red (women stay in their group). Her mother's brother (her uncle) is also Red (children take parents' group). Marriage between two Red people is forbidden by the rule that no marriage is permitted within a group. Therefore, a Red female marrying her mother's brother would be two Red people marrying, which is not permitted.