FAMILY LAW 2 (SEM 3 MUMBAI UNIVERSITY)

1. A joint Hindu Family consist of a father and his two sons. One of the sons named
Rahul dies in an accident leaving behind him, his widow and minor son Rishi. (Nov
2017)
a. Who will be Rishi’s Guardian?
b. Who will be the guardian for Rishi’s undivided interest in the joint family property.

Rishi's undivided interest in the joint family property also requires consideration:

1. Karta (Manager) of the Joint Family:

o The father, as the head of the joint family, remains the karta (manager) of the
property. He holds Rishi's undivided interest in trust for Rishi until he comes of
age.
2. Father's Responsibility:
o The father has a fiduciary duty to act in Rishi's best interests regarding the
property. He should manage it prudently, ensuring its upkeep and value, and
avoid any actions that might jeopardize Rishi's future inheritance.
3. Mother's Right to Consultation:
o While the father manages the property, the mother should be consulted on
major decisions concerning Rishi's undivided interest, especially those
impacting his long-term financial well-being.

2. A and B Married under Hindu Marriage Act. B, the wife was 15 years old at the time
of marriage. Within a few years after marriage a son was born to them. (Nov 2017)
a. What is the status of the marriage?
b. What is the punishment for male adult marrying a child?

a. Status of the marriage:

Based on the details provided, the marriage between A and B is most likely null and void
due to B's age at the time of marriage. In India, the Hindu Marriage Act of 1955 sets the
minimum legal age for marriage at 18 years for both males and females. Therefore, a
marriage contracted while either party is below this age is considered void ab initio, meaning
it is invalid from the very beginning.

b. Punishment for child marriage:

Child marriage is a serious offense in India and punishable under various laws. The relevant
acts that apply in this case include:

• The Prohibition of Child Marriage Act, 2006: This act sets 18 years as the minimum
legal age for marriage for both females and males. Violation of this act is punishable
with imprisonment for up to two years and/or a fine of Rs. 1 lakh.

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• The Indian Penal Code, 1860: Section 376 of the IPC criminalizes sexual intercourse
with a child below the age of 18, regardless of consent or marriage. The punishment
for this offence can range from life imprisonment to 10 years imprisonment with fine.

Additionally:

• The POSCO Act, 2012, also provides stringent protection for children from sexual
offences and exploitation.

3. A Hindu unmarried female wants to adopt a son. (Nov 2017)

a. What condition does she have to comply with?
b. What are the rights of an adopted child?

Adoption by Unmarried Hindu Women in 2017:

In November 2017, the legal framework for adoption by unmarried Hindu women in India
was different from the current scenario. It's important to consider the historical context for
accurate information.

a. Conditions for Adoption in 2017:

As of November 2017, unmarried Hindu women could adopt under the Hindu Adoption and
Maintenance Act, 1956 (HAMA) with specific conditions:

• Age: The woman needed to be at least 30 years old.

• Financial stability: She had to provide proof of adequate financial means to support
the child.
• Marital status: If she had previously been married, she should have been divorced or
judicially separated for at least 7 years.
• Unmarried or widowed: Single mothers or women who had lost their husbands
couldn't adopt under HAMA in 2017.

b. Rights of Adopted Child in 2017:

A child adopted by an unmarried Hindu woman under HAMA in 2017 enjoyed the same
rights as a biologically born child, including:

• Inheritance: The child had equal inheritance rights in the adoptive mother's property.
• Guardianship: The adoptive mother became the child's sole legal guardian with full
parental rights and responsibilities.
• Maintenance: The child had the right to be maintained and educated by the adoptive
mother.

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• Religion: The child continued to be considered Hindu unless formally converted to

another religion later in life.

Current Scenario:

Since November 2017, several amendments have been made to adoption laws in India,
including:

• The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Introduced
provisions for unmarried women (including single mothers and widows) to adopt
under Section 41.
• The Hindu Marriage Act, 2055 (amended in 2017): Removed the provision
disqualifying divorced or separated women from adopting for 7 years after the
dissolution of their marriage.

Therefore, the current requirements and rights for adoption by unmarried Hindu women
might differ from those applicable in November 2017. Seeking information about the latest
legislative updates and procedures is crucial for anyone considering adoption.

4. Avni and Kishore are married to each other under Hindu Marriage Act. Kishore
illtreated her and beat her on occasions. His Mother-in-law demanded cash and car
from her. (May 2017)
a. What provisions of law are available to Avni against her in law?
b. On what grounds can she ask for divorce?

a. Legal Provisions against In-Laws:

Avni has legal recourse against her mother-in-law's demands for cash and a car under
various provisions:

• Dowry Prohibition Act, 1961: Demanding or accepting dowry is a criminal offense

punishable with imprisonment and fine. Avni can file a complaint under this Act
against her mother-in-law.
• Domestic Violence Act, 2005: This Act recognizes verbal, emotional, and physical
abuse as domestic violence and provides protection to victims. Avni can seek
protection orders, compensation, and residence rights under this Act against her
husband and mother-in-law.
• Indian Penal Code, 1860: Depending on the specific nature of the demands and
threats, Avni might consider filing a complaint under IPC Sections related to criminal
intimidation, extortion, or assault.

b. Grounds for Divorce:

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Under the Hindu Marriage Act, 1955, Avni has several potential grounds for seeking divorce
based on the information provided:

• Cruelty: Kishore's ill-treatment and beatings, if proven, constitute cruelty as a ground

for divorce.
• Desertion: If Kishore has willfully abandoned her for a continuous period of two
years, it can be grounds for divorce.
• Mental disorder: If Kishore suffers from a mental disorder that is unlikely to be cured
and affects his ability to fulfill his marital obligations, it can be grounds for divorce.
• Adultery: Proof of Kishore engaging in extramarital affairs can be grounds for divorce.

5. Sumit a male Hindu gifts flat to his married daughter D and property to his son S. D
dies and is survived by her mother, husband and son. (May 2017) a. Is the gift valid?
b. Who are entitled to the property of D?

a. Validity of the Gift:

Yes, assuming Sumit followed the legal formalities while gifting the flat to his daughter D, the
gift is likely valid under Hindu law. There's no inherent restriction on a father gifting property
to his married daughter. However, some factors could potentially complicate the situation:

• Date of the Gift: If the gift was made before September 2005 (amendment to Hindu
Succession Act), D's husband might have acquired co-ownership rights in the flat due
to the then-applicable legal provisions.
• Debts and Liabilities: If Sumit had outstanding debts or liabilities at the time of the
gift, creditors might have claims on the flat, potentially impacting its ownership.

b. Entitlement to D's Property:

The distribution of D's property depends on several factors, including:

• Date of D's death: The applicable succession laws differ before and after the Hindu
Succession (Amendment) Act, 2005.
• Presence of a will: If D left a will, it takes precedence in determining the inheritors of
her property.
• Intestacy Laws: If D died intestate (without a will), the Hindu Succession Act governs
inheritance.

Assuming D died intestate after September 2005:

• Primary heirs: D's son would be the primary inheritor of the flat, inheriting it by right of
survivorship.
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• Secondary heirs: In the absence of a son, D's daughter, mother, and husband would
inherit the flat in equal shares.

6. A unmarried Hindu Male wants to adopt a daughter to himself. (May 2017)

a. What are the legal conditions he has to comply with?
b. Can he marry after adoption? If yes, what will be the relationship between adopted
daughter and his wife?

a. Legal conditions for adoption:

In India, unmarried Hindu men can adopt under the Juvenile Justice (Care and Protection of
Children) Act, 2015, and the Hindu Adoption and Maintenance Act, 1956 (HAMA). Here are
some key conditions:

• Age: The male adopter must be at least 30 years old.

• Financial stability: He needs to prove adequate financial means to support the child.
• Marital status: Unmarried men, including single fathers and widowers, are eligible to
adopt.
• Religion: If adopting a girl, the man should be Hindu or willing to raise the child as a
Hindu.
• Child's age and consent: The child should be below 18 years old and, depending on
age, might need to express consent for the adoption.
• Home study and clearances: The adoption agency conducts a home study to assess
the man's suitability and obtains clearances from authorities.

b. Marriage after adoption and relationship with daughter:

Yes, an unmarried man can marry after adopting a daughter. The adopted daughter's
relationship with his future wife depends on a few factors:

• Adoption order: The adoption order legally establishes the daughter as the man's
child, granting her all inheritance and familial rights as a biological child.
• Wife's acceptance: The ideal scenario is where the man discusses the adoption with
his future wife openly and honestly, and both actively commit to creating a loving and
supportive family environment for the daughter.
• Legal relationship: Legally, the wife wouldn't automatically become the adoptive
mother unless she undergoes a separate adoption process herself.
• Family dynamics: It's crucial to build strong bonds and healthy communication within
the family, emphasizing inclusivity and respect for everyone's roles and relationships.

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7. A and B both Hindus married under the Hindu Marriage Act, However, subsequently
A discovered that at the time of marriage B was pregnant by some other person. (Nov
2018)
a. What is the status of above marriage between A and B?
b. What is the limitation period to bring any action by A against B?

a. Status of the Marriage:

Under the Hindu Marriage Act, 1955, Section 12(1)(d) states that a marriage can be
declared "voidable" if the wife was pregnant by another person at the time of the marriage
and the husband was unaware of the pregnancy. This means the marriage is not
automatically null and void. However, the husband has the right to annul the marriage
through legal proceedings based on this ground.
Here, depending on A's knowledge of B's pregnancy:
• If A was not aware of the pregnancy: He can file a petition for annulment of the
marriage in a family court within one year of discovering the pregnancy or within one
year of the child's birth, whichever is later.
• If A was aware of the pregnancy: The marriage cannot be annulled on this ground
because he knowingly entered into the marriage despite the circumstances.
b. Limitation Period:
The limitation period for A to file a petition for annulment based on B's pre-marital pregnancy
is one year from the date he discovered the pregnancy or the date of the child's birth,
whichever is later. This is as per Section 13(2) of the Hindu Marriage Act.
Additional Points:
• The child born before or within eight months of the marriage is presumed to be the
legitimate child of the husband unless paternity is disproved through scientific
evidence.
• A and B cannot automatically divorce based on this ground. To get a divorce, they will
need to fulfil other grounds as mentioned in the Hindu Marriage Act, such as
adultery, desertion, cruelty, etc.

8. How will property of A, a Hindu male devolve in case he died intestate? (Nov 2018)
a. If A is survived by his son S, widow of predeceased son SW, children of
predeceased daughter DS and DD.
b. If A is survived by his father F, mother M, son S, widow of predeceased son SW,
children of predeceased daughter DS and DD.

The Hindu Succession Act, 1956 governs the devolution of property of a Hindu male who
dies intestate (without a will). According to the Act, the property of the deceased will devolve
in the following order of Class I heirs:

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• Sons (including adopted sons)

• Daughters (including adopted daughters)

If there are no Class I heirs, the property will devolve to the Class II heirs, which are the
children of predeceased daughters.

Scenario 1:

In this scenario, A is survived by his son S, widow of predeceased son SW, children of
predeceased daughter DS and DD. Since A has a surviving son S, who is a Class I heir, the
entire property will devolve to S. The widow of the predeceased son SW, children of
predeceased daughter DS and DD will not inherit any property from A.

Scenario 2:

In this scenario, A is survived by his father F, mother M, son S, widow of predeceased son
SW, children of predeceased daughter DS and DD. Since A has a surviving son S, who is a
Class I heir, the entire property will devolve to S. The father F, mother M, widow of the
predeceased son SW, children of predeceased daughter DS and DD will not inherit any
property from A.

Here's a table summarizing the devolution of property in both scenarios:

Scenario Heirs Share of Property

1 Son S 100%

2 Son S 100%

9. A, a Hindu widow, had a son B. B ceases to be Hindu by converting to some other

religion. Thereafter A takes another son C in adoption. After adoption C, A remarried
D. (Nov 2018)
a. Whether C’s adoption by A is valid?
b. What will be the relation between C and D?

a. Validity of Adoption by A:

The validity of C's adoption by A depends on several factors:

• Timing of Adoption:

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o Before B's conversion: If C was adopted before B's conversion to another

religion, then the adoption is likely valid. A widow has the right to adopt a son
even if she has a biological son, and B's conversion wouldn't have been
relevant at that time.
o After B's conversion: If C was adopted after B's conversion, the validity is less
clear. Some interpretations of Hindu law suggest that a Hindu widow loses her
adoption rights once she has a son, regardless of his current religious
status. Other interpretations argue that she still retains the right to adopt if the
son has converted out of Hinduism. Ultimately, the validity would depend on
the specific legal precedents and judicial interpretation in the applicable
jurisdiction.
• Consent: Obtaining the consent of the nearest sapinda (male agnate relative) is
generally required for a valid adoption by a widow. If such consent was not
obtained, the adoption might be contested.

b. Relationship between C and D:

• C and D: Since C is the adopted son of A and D is A's remarried husband, C and D
wouldn't automatically have any legal relationship. Depending on the specific
circumstances, D might become C's step-father figure, but they wouldn't have any
legal obligation towards each other as step-relations are not recognized in Hindu law.
• C and B: If B's conversion occurred before C's adoption, C and B likely would not
have any legal relationship as B wouldn't be considered a member of the Hindu family
anymore. However, if B's conversion occurred after C's adoption, their relationship
could be dependent on the interpretation of the adoption's validity and B's connection
to the family inheritance, which might require legal consultation.

10. Vandana a female Hindu dies intestate leaving behind her husband, 2 sons and a
daughter. (May 2018)
a. How will Vandana’s property be distributed?
b. In the above case, if the property was inherited by Vandana from her father, then
how would the property be distributed?

a. Distribution of Vandana's Self-Acquired Property

Since Vandana died intestate without leaving a will, her property will be distributed according
to the Hindu Succession Act, 1956. Under the Act, her husband, sons, and daughter are all
Class I heirs entitled to equal shares of her self-acquired property (property she acquired in
her own name, not inherited). Therefore:
• Each son will receive 1/4th share of the property.
• The daughter will receive 1/4th share of the property.
• The husband will receive 1/4th share of the property.

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Note: This assumes Vandana had no predeceased descendants (children of deceased sons
or daughters). If there were any, their rights would need to be considered within their
respective branches.
b. Distribution of Vandana's Ancestral Property
If the property Vandana inherited from her father is considered ancestral property (property
inherited through generations within the Hindu joint family), the distribution would be
different:
• If sons were co-parceners in the ancestral property with Vandana: In this case, the
property wouldn't devolve through intestate succession. Instead, the sons' shares
would increase by virtue of survivorship, and the daughter and husband wouldn't
inherit it.
• If sons were not co-parceners in the ancestral property: Then, it would be treated as
Vandana's self-acquired property and distributed equally among the
husband, sons, and daughter as mentioned in scenario a.

11. Asha and Mohan married under the Hindu Marriage Act. After two years of
marriage, Mohan converts to Islam. (May 2018)
a. What is remedy available to Asha?
b. In the above situation, can Mohan remarry after conversion?

a. Asha's Remedies:

Mohan's conversion to Islam after marrying Asha under the Hindu Marriage Act raises
complex legal issues and presents several remedies for Asha:

• Judicial Separation: Asha can file for a judicial separation under Section 13(1)(ii) of
the Hindu Marriage Act if Mohan's conversion has caused a "grave injury or
reasonable apprehension of injury" to her mental or physical well-being. This allows
them to live separately while remaining legally married.
• Divorce: Asha can petition for divorce under Section 13(1)(vi) of the Hindu Marriage
Act on the grounds of Mohan's conversion causing "cruelty" by rendering their marital
relationship incompatible and endangering her welfare.
• Nullity of Marriage: Under Section 12(1)(h) of the Hindu Marriage Act, Asha can seek
a declaration of nullity of marriage if Mohan was already "unsound mind" at the time
of marriage due to the beliefs associated with his converted religion. This is a
complex situation and requires careful legal consideration.

Note: The choice of remedy depends on individual circumstances and Asha's desired
outcome. Consulting a qualified lawyer specializing in Hindu family law is crucial to
understand the specifics of her case and navigate the legal process effectively.

b. Mohan's Remarriage:

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Under Indian law, conversion to Islam does not automatically dissolve a pre-existing Hindu
marriage. Therefore, Mohan cannot legally remarry while his marriage to Asha under the
Hindu Marriage Act remains valid. Any subsequent marriage by Mohan would be considered
bigamous and punishable under Section 494 of the Indian Penal Code.

However, if Asha chooses to pursue a divorce through legal means and the court grants it,
then Mohan would be free to remarry under Islamic law after fulfilling the necessary
requirements.

12. Ravi and Anu are a Hindu married couple. They want to adopt a daughter. (May
2018)
a. State any two conditions which have to be complied with by them for adoption?
b. What are the effects of adoption?

a. Two essential conditions for adoption by Ravi and Anu under the Hindu Adoptions and
Maintenance Act, 1956:

1. Capacity to Adopt:
o Ravi: He must be of sound mind and not a minor.
o Anu:
▪ If married: Requires Ravi's consent unless he has renounced the
world, ceased to be a Hindu, or is declared unsound by a court.
▪ If unmarried or widowed: No additional consent is needed.
2. Age of Adopted Child: The child must be between 0 and 15 years old at the time of
adoption.

b. Effects of Adoption:

• Severance of Ties with Biological Family: The adopted child's legal relationship with
their biological parents and family is severed, and they become the legal heir of the
adoptive parents.
• Inheritance Rights: The adopted child acquires all the inheritance rights of a biological
child of the adoptive parents, including property, maintenance, and succession.
• Religious Conversion: If the adopted child is of a different religion, they can choose to
retain their original religion or adopt the adoptive parents' religion upon attaining
adulthood.
• Change of Surname: The adopted child can take the adoptive parents' surname.
• Parental Rights and Responsibilities: The adoptive parents have all the parental rights
and responsibilities towards the adopted child as they would towards a biological
child.

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• Adoption Records: The adoption is registered with the concerned authorities, and
legal documents are issued establishing the parent-child relationship.

13. A and B who were friends died in an accident. A is survived by his wife, father, son
and daughter. “B” is survived by his father and mother. (Nov 2019)
a. How will A’s property devolve?
b. How will B’s property devolve?

Inheritance of A's and B's property:

A's Property:
A's property will devolve according to the Hindu Succession (Amendment) Act, 2005, which
grants coparcenary rights to daughters. Here's the distribution:
• Widow: A's wife inherits one share equal to that of a son or daughter.
• Children: Each child, including the son and daughter, inherits one share equal to the
widow's share.
• Father: A's father inherits a share equal to one-half of the share of each child
(including the widow).
Therefore, the distribution would be:
• Wife: 1 share
• Son: 1 share
• Daughter: 1 share
• Father: 1/2 share (1/2 of shared daughter and son share)
B's Property:
B's property will also devolve under the same Act. If B passed away after December 20,
2005, his daughter inherits as a coparcener:
• Parents: Both his father and mother receive equal shares, each inheriting one half of
the property.
Therefore, the distribution would be:
• Father: 1/2 share
• Mother: 1/2 share
Additional Considerations:
• This is a basic overview based on limited information. Specific factors like existence
of a will, intestacy proceedings, and family agreements can influence the distribution.
• It's recommended to consult a legal professional specializing in Hindu inheritance
laws for detailed guidance in such situations.

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14. A and B both Hindu girls are friends. ‘A’, a 25-year-old unmarried girl wants to
adopt a five-year-old boy. ‘B’ who is 27-year-old wants to adopt a girl of 3 years. (Nov
2019)
a. Can A adopt the boy? Why?
b. Can B adopt the girl? Why?

Adoption by A and B in Hindu Family Law:

a) Can A (25-year-old unmarried) adopt the boy (5 years old)?
NO, A cannot adopt the boy in principle. The Hindu Adoptions and Maintenance Act, 1956
(HAMA) allows unmarried women to adopt opposite sex children unless until age difference
is more than 21 years.
b) Can B (27-year-old) adopt the girl (3 years old)?
Yes, B can adopt the girl in principle. Similar to A, B meets the age and eligibility criteria for
adoption under HAMA.
However, the same considerations apply:
• Home Study and Fitness Report: B must undergo a home study and fitness report by
a CARA accredited agency.
• Consent of Guardians: If the girl has biological parents or legal guardians, their
consent is required for the adoption.
• Religion of the Child: The adopted child must be a Hindu or a person who can be
converted to Hinduism.

15. A, a Hindu female married to B and they have a daughter C. A wants to take a son
in adoption. (May 2019)
a. Who is capable of being taken in adoption under Hindu Adoption and Maintenance
Act?
b. Can A adopt a son?

a. Who is capable of being taken in adoption under Hindu Adoption and Maintenance Act
(HAMA)?
Under HAMA, the following individuals are capable of being adopted:
• Any child who is a Hindu or can be converted to Hinduism.
• A child who has not completed 15 years of age (unless custom or usage applies).
• A child who has not been given in adoption previously.
• A child whose biological parents or legal guardians have voluntarily given consent for
adoption.
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b. Can A adopt a son?

Yes, A, a Hindu female married to B, can adopt a son under HAMA, but with a clarification:
While HAMA allows women to adopt, a married woman needs both her husband's consent
and a court order to adopt a son. Therefore, A requires B's written consent for the adoption
to proceed. Once they both agree, they can initiate the legal process, which includes
obtaining a court order confirming the adoption.

16. How will property of P, a Hindu male devolve in case he dies intestate? (May 2019)
a. If P died leaving behind three sons, A, B and C. C had converted to Islam during
life time of his father P.
b. If P died leaving behind two sons, A and B and three grandsons CS, CS1 and CS2
of a predeceased son C. C had converted to Islam during lifetime of his father P. All
the three sons were born to C after his conversion.

Scenario 1:

• P dies intestate (without a will) after 1956 and leaves behind three sons, A, B, and C.
• C converted to Islam during P's lifetime.
• As C is no longer considered a Hindu as per the HSA, he will not inherit any share of
P's property.
• The remaining property will devolve equally among the two remaining sons, A and B.
This is because under the HSA, sons are Class I heirs and have an equal right to
inherit the property of their deceased Hindu father.

Scenario 2:

• P dies intestate after 1956 and leaves behind two sons, A and B.
• Three grandsons, CS, CS1, and CS2, exist from a predeceased son, C.
• C converted to Islam during P's lifetime.
• This scenario is more complex:
o As C had converted to Islam, he would not be considered a Hindu heir at the
time of P's death and wouldn't inherit any share from P's property.
o However, his three sons, CS, CS1, and CS2, are still considered Hindus, as
their religion is determined by their father's religion at the time of their birth (C
was still a Hindu then).
o Therefore, CS, CS1, and CS2 represent their father's share in the inheritance.
They will inherit per stirpes, meaning they will collectively receive the share
that their father, C, would have received if he were alive. They will then divide
this share equally among themselves.
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o The remaining property after accounting for C's share will be divided equally
between A and B.

17. A, a Hindu male, who was already married to his maternal uncle’s daughter B,
married to another female C during lifetime of B. (May 2019)
a. What is the status of marriage between A and B?
b. Whether marriage of A with C is valid?

a. Status of marriage between A and B:

• Bigamy: Marrying C while being already married to B constitutes bigamy and is
a criminal offense punishable by imprisonment under the Indian Penal Code (IPC
Section 494).
• Nullity of Bigamous Marriage: The marriage between A and C is considered null and
void from the outset due to bigamy.
b. Validity of A's marriage with B:
• Sapinda Relationship: Marriage between a man and his maternal uncle's daughter is
prohibited in several Hindu communities as they fall within the sapinda
relationship, considered forbidden for marriage due to close kinship.
• Customary Exceptions: In some specific communities, traditions and customs might
allow such marriages based on ancient practices. However, the burden of proving the
validity of such custom lies with the party claiming it.

18. Mr. X a Hindu male dies intestate leaving behind son, daughter, daughter of
predeceased daughter of predeceased daughter and brother ‘B’.
a. How X’s property will devolve after his death?
b. If brother ‘B’ has committed murder of Mr. X, then how much share he is entitled to
inherit from Mr. X?

Inheritance of Mr. X's Property under Hindu Law:

a) Devolution of Property without Brother's Involvement:
1. Class I Heirs: As per the Hindu Succession Act, 1956, Mr. X's property will devolve
upon his Class I heirs equally. These include:
o Son: He receives an equal share.
o Daughter: She receives an equal share.
o Granddaughter (daughter of predeceased daughter): She represents her
deceased mother's share and receives one-half of the daughter's share.

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2. Distribution: Calculate the total shares by adding 1 for each Class I heir (3 in this
case). Then, divide the property value by the total shares and allocate each heir their
portion.
b) Brother's Inheritance if He Murdered Mr. X:
The general principle in Hindu Law is that a murderer cannot inherit from their victim.
Therefore, if brother B is proven to have committed Mr. X's murder, he will be disqualified
from inheriting any share of the property.
Here's the legal basis for this principle:
• Doctrine of Forfeiture: This doctrine states that a person who commits a heinous
crime against another forfeits their right to benefit from that person.
• Section 60 of the Indian Penal Code: This section prohibits a person convicted of
murder from inheriting the property of the deceased.

19. Riya got married to Amit under the Hindu Marriage Act, 1955. Amit’s mother
started demanding a diamond set and Rs. 5,00,000/- in case as Dowry. Riya’ father
had no option but to fulfil the demand and gave the same to Amit’s mother.
a. What is the punishment to which Amit’s mother can be made liable?
b. What is the remedy available to Riya under the Hindu Marriage Act, 1955?

In Riya's situation, both Amit's mother and potentially Amit himself violated the Hindu
Marriage Act, 1955, and the Dowry Prohibition Act, 1961:
a. Punishment for Amit's Mother:
• Demanding Dowry: Section 3 of the Dowry Prohibition Act, 1961, makes it a
punishable offense to directly or indirectly demand dowry. Amit's mother, by
demanding a diamond set and Rs. 5,00,000, can be liable for imprisonment for a term
of not less than six months but extending to two years, with a fine of not less than Rs.
5,000 but extending to Rs. 10,000, or both.
• Abetting Dowry: If it can be proven that Amit was also aware of or participated in the
dowry demands, he could be charged with abetting dowry under the same
section. The punishment for abetment is the same as for demanding dowry.
b. Remedies for Riya under the Hindu Marriage Act, 1955:
• Cruelty: The demand and acceptance of dowry can be considered a form of cruelty
towards Riya by Amit or his relatives (Amit's mother in this case) under Section
13(1)(i) of the Hindu Marriage Act. This can be grounds for seeking a divorce from
Amit.
• Maintenance: Riya can also file for maintenance from Amit under Section 18 of the
Hindu Marriage Act. This would require Amit to provide financial support for Riya's
basic needs.

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20. Ashok and Sarita are marriage under the Hindu Marriage Act, 1955. Ashok has an
adulterous relationship with Freya, his friend and a child is born out of such
relationship.
a. What action can Sarita take against Ashok under the Hindu Marriage Act, 1955?
b. Is the child entitled to inherit Ashok’s property? Explain?

In Ashok and Sarita's situation, involving adultery and an illegitimate child, Sarita has legal
options under the Hindu Marriage Act, 1955, concerning both Ashok's actions and the child's
inheritance rights.

a) Actions Sarita can take against Ashok:

1. Grounds for Divorce: Under Section 13(1)(i) of the Hindu Marriage Act, Ashok's
adulterous relationship with Freya and fathering a child constitutes cruelty towards
Sarita, which is a ground for divorce. Sarita can file for divorce on this basis.
2. Restitution of Conjugal Rights: If Sarita desires reconciliation, she can file a petition
for restitution of conjugal rights under Section 9 of the Act. This compels Ashok to
return to cohabitation with Sarita.
3. Maintenance: Regardless of seeking divorce, Sarita can claim maintenance from
Ashok under Section 18 of the Act. This ensures financial support for her basic
needs.

b) Child's Inheritance Rights:

The child born out of Ashok's adulterous relationship with Freya is considered illegitimate
and has no automatic inheritance rights in Ashok's property under the Hindu Succession Act,
1956. Here's why:

• Legitimacy of Children: Only the legitimate children of a Hindu male, born from his
marriage with a Hindu woman, inherit his property. Illegitimate children are excluded.
• Exceptions: Under specific circumstances, illegitimate children might claim
inheritance rights:
o Maintenance Rights: The child can file a maintenance claim against Ashok
under Section 125 of the Code of Criminal Procedure, 1973. This ensures the
child's basic needs are met.
o Succession by Representation: If the biological father (Freya) dies intestate
(without a will) and Ashok acknowledges paternity during Freya's lifetime, the
child could have inheritance rights from Freya's property.
o Wilful Neglect: If Sarita and Ashok have no legitimate children, and Sarita
proves Ashok wilfully neglected the child, she might include the child as a
beneficiary in her will, potentially granting them indirect access to Ashok's
property.

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21. Amar while a bachelor adopted a son ‘S’. Asha, while unmarried adopted a
daughter ‘D’. Amar and Asha then married each other.
a. After marriage can Amar adopt a daughter? Explain the reasons?
b. What is the relationship between Amar and ‘D’ and between Asha and ‘S’?

Adoption rights and relationships after Amar and Asha's marriage:

a. Can Amar adopt a daughter after marriage?

Yes, Amar can adopt a daughter after his marriage to Asha. As long as he meets the
eligibility criteria of the Hindu Adoption and Maintenance Act (HAMA, 1956), there's no
restriction on adopting another child following his marriage.

Reasons why Amar can adopt a daughter:

• HAMA doesn't prohibit married individuals from adopting. There's no requirement for
a single status for adoption.
• Joint Adoption: After their marriage, Amar and Asha can even consider adopting the
daughter jointly, further strengthening the family unit.

However, before proceeding with adoption, they need to:

• Obtain consent:
o Both Amar and Asha should mutually agree to adopting another child.
o If the adoptee is old enough, their consent is also required.
• Fulfil eligibility criteria:
o Amar must be at least 21 years old, of sound mind, and financially capable of
providing for the adopted child.
• Home Study and Fitness Report:
o A Central Adoption Resource Authority (CARA) accredited agency must
conduct a home study and fitness report assessing their ability to provide a
safe and loving environment for the child.

b. Relationship between Amar and D, Asha and S:

After the marriage:

• Amar becomes the adoptive father of D, Asha's daughter, and assumes all parental
responsibilities towards her.
• Asha becomes the adoptive mother of S, Amar's son, and takes on all parental duties
towards him.
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• D and S become siblings and enjoy equal rights and privileges within the family.
• Amar and Asha's biological children, if any in the future, will also have the same
sibling relationship with D and S.

22. Meena is married to Mahesh under Hindu Marriage Act, 1955. Mahesh was
impotent at the time of marriage and continue to be so. Afterwards Meena is having
an adulterous relationship with his friend, Ramesh.
a. What is the remedy available to Meena under Hindu Marriage Act, 1955?
b. Is Mahesh having any remedy under Hindu Marriage Act, 1955?

In Meena and Mahesh's situation, involving pre-existing impotency and adultery, both parties
have potential remedies under the Hindu Marriage Act, 1955, but with important
considerations:

a. Remedies for Meena:

• Grounds for Divorce:

o Impotency: Under Section 12(1)(c) of the Act, Mahesh's impotency at the time
of marriage and continuing throughout can be grounds for divorce for
Meena. This needs medical evidence to prove impotency.
o Cruelty: Meena's adulterous relationship with Ramesh cannot be directly used
as grounds for divorce, but if it results in emotional or physical harm to
Meena, it could be considered cruelty under Section 13(1)(i) and provide
grounds for divorce.

• Maintenance: Regardless of seeking divorce, Meena can claim maintenance from

Mahesh under Section 18 of the Act for her basic needs.

b. Remedies for Mahesh:

• Condonation of Impotency: If Meena was aware of Mahesh's impotency before

marriage or continued marital relations after knowing about it, it could be interpreted
as condonation of impotency, potentially weakening her ability to use it as grounds for
divorce in the future.
• Cruelty: Mahesh can potentially claim cruelty against him based on Meena's
adulterous relationship, if it causes him mental or emotional distress. This claim might
necessitate proving the adultery had an actual impact on him.

23. Ria’s father gives Rs. 10 lacs and a flat as a gift to her at the time of marriage.
However, after her marriage, Ashok, her husband insists that she should transfer the
flat in his name or else he will divorce her.

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a. Is Ashok having any rights on the gifts received by Ria at the time of Marriage?
Why?
b. What is the remedy available to Ria against Ashok in respect of his demand for
transfer of flat?

Ashok's rights and Ria's remedies in Hindu family law:

a. Ashok's Rights on Ria's Gifts:

Ashok does not have automatic rights over the flat or any other gift received by Ria from her
father at the time of their marriage. These gifts are considered stridhan, which comes under
the exclusive ownership of the woman and is independent of her husband's control. This
principle is protected by the Hindu Married Women's Right to Property Act, 1956.

Reasons for Ashok's lack of direct rights:

• Stridhan ownership: Stridhan encompasses all gifts (movable or immovable) received

by a woman before, during, or after marriage from her parents, relatives, or well-
wishers. Its ownership solely vests with the woman.
• Husband's rights: A husband has no inherent right to claim or control his wife's
stridhan, including the flat in this case. He may be entitled to reasonable use of the
property for joint benefit during the marriage, but ownership remains with Ria.

b. Ria's Remedies against Ashok's Demand:

Ria has several legal options to counter Ashok's demand for the flat:

• Refusal: Ria has the full right to refuse transferring the flat to Ashok's name. His
threat of divorce based on this demand is considered marital coercion and is illegal.
• Legal Action: Ria can file a suit for injunction in court to prevent Ashok from interfering
with her ownership or threatening her with divorce.
• Maintenance: If Ashok's behaviour constitutes cruelty or harassment, Ria can file
for maintenance under Section 18 of the Hindu Marriage Act, 1955, for her financial
support.
• Divorce: If Ashok's behaviour leads to mental or emotional harm, it could be
considered cruelty and grounds for Ria to seek divorce under Section 13(1)(i) of the
Hindu Marriage Act.

24. Mohan and Kavita are married under Hindu Marriage Act, 1955. They have one daughter,
Sonu. Mohan does not have any job and he frequently beats his wife and daughter. Due to these
fights, Kavita left home with her daughter Sonu.
a. What is the right available to Kavita against Mohan under Hindu Marriage Act, 1955?
b. Who will be the guardian of Sonu? Why?

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In Mohan and Kavita's situation, involving domestic violence and separation, Kavita has
options under the Hindu Marriage Act, 1955, and relevant laws addressing domestic
violence and child custody:
a. Kavita's Rights against Mohan:
• Judicial Separation: Under Section 10 of the Hindu Marriage Act, Kavita can file for
judicial separation, allowing her to live apart from Mohan without dissolving the
marriage. This provides immediate relief from violence and separation until a
permanent solution is sought.
• Maintenance: Kavita can claim maintenance for herself and Sonu under Section 18 of
the Act. This ensures financial support for their basic needs in light of Mohan's
unemployment.
• Domestic Violence Act, 2005: Kavita can also seek protection and remedies under
the Domestic Violence Act, 2005. This Act provides for:
o Residence Order: Allowing Kavita to stay in the matrimonial home or an
alternative safe accommodation.
o Protection Order: Restraining Mohan from further acts of violence or
intimidation.
o Maintenance Order: Seeking maintenance for Kavita and Sonu from Mohan.
o Compensation for physical and mental harm.
• Divorce: Based on Mohan's cruelty and violence against Kavita and Sonu, Kavita can
file for divorce under Section 13(1)(i) of the Act. This would permanently dissolve the
marriage.
b. Guardianship of Sonu:
The Hindu Minority and Guardianship Act, 1956, governs child custody matters. In this case:
• Natural Guardianship: Both Mohan and Kavita are Sonu's natural guardians with
equal rights and responsibilities for her upbringing.
• Welfare of the Child: In case of separation, the court prioritizes the child's best
interests and welfare when determining custody. Factors such as the child's
age, emotional well-being, and relationship with each parent are considered.
• Custody Options: Courts can award:
o Sole custody: To either parent based on evidence of their ability to provide a
safe and nurturing environment for Sonu.
o Joint custody: Both parents share responsibility for Sonu's upbringing, while
Sonu may reside primarily with one parent.
o Parental responsibility order: Outlining visitation rights and financial
responsibilities for both parents, even if custody lies with one parent.

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25. A and his friend B died together in an accident. A dies intestate leaving his mother, father and
one sister. B, his friend also dies intestate leaving his wife, son and daughter.
a. Who will be entitled to A’s property?
b. Who will be entitled to B’s property?

a. A's Property:
In the absence of a will (intestate), A's property will devolve according to the Hindu
Succession Act, 1956. Under this Act, his Class I heirs will inherit equally. These include:
• Son: (Since not mentioned in the scenario, I assume A doesn't have a son)
• Daughter: (Again, not mentioned, but if present, she would inherit)
• Mother: She is a Class I heir and will inherit one-third of the property if there are no
children.
• Father: He is also a Class I heir and will inherit one-third of the property if there are no
children.
• Sister: In the absence of children, A's sister will inherit the remaining one-third of the
property.
b. B's Property:
Similar to A, B's property will also devolve based on the provisions of the Hindu Succession
Act, 1956. His Class I heirs will inherit equally:
• Wife: She is a Class I heir and will inherit one-third of the property.
• Son: He will inherit one-third of the property.
• Daughter: She will inherit one-third of the property.

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