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This document provides a summary of case law topics discussed in various years from 2010-2016. It includes topics related to divorce, maintenance, adoption, prohibited relationships, guardianship and more under Hindu and Muslim personal laws. Case topics range from essentials for restitution of conjugal rights to validity of child marriages and triple talaq divorces.
This document provides a summary of case law topics discussed in various years from 2010-2016. It includes topics related to divorce, maintenance, adoption, prohibited relationships, guardianship and more under Hindu and Muslim personal laws. Case topics range from essentials for restitution of conjugal rights to validity of child marriages and triple talaq divorces.
This document provides a summary of case law topics discussed in various years from 2010-2016. It includes topics related to divorce, maintenance, adoption, prohibited relationships, guardianship and more under Hindu and Muslim personal laws. Case topics range from essentials for restitution of conjugal rights to validity of child marriages and triple talaq divorces.
Case Law Question Topic 2016 2015 2014 B 2014 A 2013 2012 2011 B 2011 A 2010
Kailash Wati v. essentials for RCR
Ajodhia Hindu -Wife gainfully employed in another city. RCR 20 20 10 20 20 10 10 Parkash Employed/ Unemployed Husband files RCR Remedies available to wife Hindu 20 - Thrown out of home & Deserted for 3 years Prohibited Both Validity of Marriages / prohibited relationships 10 20 20 20 35 35 15 20 relationships Mutual Waiving Cooling off period Hindu Consent 20 Couple wants divorce on first motion u/s 13 B Divorce Mutual Mutual consent divorce 13B, HMA Hindu Consent 10 10 10 10 - One party retract before the second motion? Divorce Maintenance 'Pendente Lite' & Permanent Hindu Maintenance 10 10 10 5 10 5 maintenance under HMA Githa Can mother act as a guardian during Hariharan v. lifetime of father? Hindu Guardianship 5 20 10 10 10 10 10 20 Reserve Bank Note on Natural Guardians of India Mother as a guardian under HAMA, 56 Validity of child marriage under Prohibition of Hindu Child Marriage 10 5 5 10 5 Child Marriage Act Triple Talaq not in knowledge of the wife. Muslim Cohibatition continued. Wife later files rape Triple Talaq 20 charges u/s 375. Hindu Essentials of a valid adoption under HAMA Adoption 10 20 Right of a Hindu woman to adopt a son/child in Hindu HAMA / JJ Act Adoption 10 10 10 5 10 Can she adopt 2 sons? Adoption HAMA/ JJ Act Hindu - Married man wants to adopt his own Adoption 10 10 illegitimate child born from his mistress Bigamy- Bigamy & Hindu Hindu Husband converted to Islam & 10 10 10 10 20 conversion contracted second marriage Case Law Question Topic 2016 2015 2014 B 2014 A 2013 2012 2011 B 2011 A 2010 Bigamy- S. Nagalingam -second marriage w/o Saptpadi Bigamy & Hindu 5 10 10 10 5 5 5 v. Sivagami -Second marriage should be a validly Ceremony performed·marriage' Annulment on ground of impotency P. v. K. Hindu Impotency 10 -Prolpase of Uterus Adoption / HAMA Hindu Childless Couple. Can the wife adopt a child Adoption 10 with the consent of her husbasnd Muslim Option of puberty Divorce 5 10 5 10 Muslim Essentials of Muta Marriage 5 10 5 Bigamy- Prohibited Hindu Husband claims first marriage was invalid as 5 relationships he was the maternal uncle of his wife. Effect of conversion by a spouse under Muslim Muslim Conversion 5 Law Maintenance of wife under Hindu Law & Hindu Maintenance 5 Secular Law Wife seeks seperate residence and Hindu maintenance on grounds of mental cruelty. Maintenance 20 10 10 Husband files RCR. Prepare case for wife Case based on Concealment of facts of Concealment Hindu occassional mental incapacity, Impotency, 20 of Material fact subsiting marriage Hindu Husband seeks Divorce on Mental cruelty Cruelty 20 Extra Judicial divorces under Muslim personal Muslim 10 10 10 law Judicial Seperation Judicial Hindu - Right of either party to seek divorce after 1 10 10 20 10 Seperation year [ S. 13 (I A) (ii)] -Concept of 'cruelty' as a matrimonial guilt -Factors to be taken into consideration while Hindu Cruelty 20 5 deciding a petition for divorce on the ground on cruelty Hindu Divorce on the basis of desertion Desertion 20 Case Law Question Topic 2016 2015 2014 B 2014 A 2013 2012 2011 B 2011 A 2010 First wife left home after Muslim husband contracts second marriage? Muslim --Can husband file RCR? RCR 10 10 10 10 10 - Can first wife file bigamy?
Circumstances when Non payment of
maintenance a ground for divorce Non payment u/s S. 2 Cl(ii) of Dissolution of Muslim Marriage of Muslim Act 10 10 10 10 10 Maintenance Can Husband contend wife wrongfully left the & Divorce matrimonial home and he was not obliged to maintain her. Non-resumption of cohabitation for one year, after a decree for restitution of conjugal rights is passed, as a ground of divorce under HMA Hindu RCR - Can the party who prevented cohibatation after RCR file for divorce on this basis - is it hit by S. 23(1)(a) 10 10 10 validity of unilateral, uncommunicated triple talaq Muslim Triple Talaq 10 10 10 -whether wife is entitled to maintenance under S. 125 CrPC Distinguish between Talaq Ahasan, Talaq Muslim Hasan and 10 Talaq-ui-Biddat. Muslim Concept of Irregular marriages 5 10 Voidable Hindu Grounds of voidable marriage 5 5 Marriage Muslim significance of 'Dower' 5 Muslim Difference b/w 'Khula' and 'Mubaraat' 5 Wife living seperatey becuase husband had an affair/ treated her cruelly Hindu Desertion After 2 years, Husband files divorce on grounds of desertion 10 10 Irretrievable breakdown theory of divorce Irretrievable Hindu -is it a ground for divorce in HMA? breakdown 5 10 10 Hindu Essentials of Mutual consent divorce u/s 13B Divorce 5 5 5 Case Law Question Topic 2016 2015 2014 B 2014 A 2013 2012 2011 B 2011 A 2010 Hindu Fraud in marriages solemnized under HMA Fraud 5 Wife hid the fact of an illegitimate child born Concealment Hindu before marriage, later given up for adoption. of Material Remedies available to Husband Fact 20 20 rights of a divorced Muslim wife to claim maintenance from her former husband in the Muslim light of judicial interpretation o{ Sec. 3(i)(a) of Maintenance the Muslim Women (Protection of Rights on Divorce) Act, 1986. 10 Right of a person to take a child in adoption Hindu Adoption HAMA and also under the JJ Act 10 Muslim husband pronounced talaq thrice to his Muslim wife. Now repents and wants to resume Triple Talaq cohabitation with wife 10 Parents lied about age of groom and wedded the daughter to an old man. At the time of Concealment Hindu marrriage she did not protest under social of Material pressure. Refused consummation. Files for Fact Annulment 10 Wife came to know that her husband already Hindu has a wife. Can the second wife claim Maintenance maintenance? 10 Muslim Talaq & Khula in Muslim law Divorce 10 Muslim Cruelty as a ground in Muslim Law Divorce 5 10 Muslim Mutual consent divorce in Muslim law Divorce 5 5 WIfe wants a new home exclusively for the Hindu couple. Does not want to put up with her in Cruelty laws. Husband files divorce on cruelty. 20 Hindu Option of puberty under Hindu Law Divorce 5 Wife hid the fact that she was a widow. Concealment Hindu Husband files divorce on this basis. of material fact 20 Discuss dissolution of Muslim marriage by Muslim Divorce Talaq 10 Hindu How can RCR lead to decree of divorce? RCR 10 Case Law Question Topic 2016 2015 2014 B 2014 A 2013 2012 2011 B 2011 A 2010 Validity of children born after unilateral uncommunicated triple talaq. What if: Muslim -Husband & wife remarried immideiately after Trilpe Talaq 10 divorce -If Husband made a single pronouncemet Prohibited Hindu 5 Concept of Sapinda Relationships Effect of conversion by Husband or wife on Both Conversion Hindu marriage and Muslim marriage 10