The question (12 marks)
Sharvari left her husband Omkar two years ago after repeated beatings and now lives with her parents together with their daughter, aged four. Omkar has paid her nothing since she left. Sharvari has filed no proceeding of any kind and wants immediate money for herself and the child and an order that the child remain with her. (a) Which provisions may she invoke for maintenance, and which would you choose? (b) Under which provisions would you seek custody, and what must the application plead? (12 marks)
MU Module II, 2.2 and 2.3; pack ch. 02, maintenance routes and custody.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Matrimonial and Family Pleadings of Drafting, Pleading and Conveyancing – II.
Authorities you will need
- Hindu Marriage Act 1955, sections 24, 25 and 26
- Hindu Adoptions and Maintenance Act 1956, section 18
- Bharatiya Nagarik Suraksha Sanhita 2023, sections 144, 145 and 146
- Guardians and Wards Act 1890, sections 7, 9, 10, 12, 17 and 25
- Hindu Minority and Guardianship Act 1956, sections 6 and 13
- Family Courts Act 1984, section 7
- Githa Hariharan v Reserve Bank of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.