Unit 1 of Family Law – II (syllabus: Module I — the evolution of the family and of marriage; the Hindu Marriage Act after the 1976 amendments; the Special Marriage Act 1954; the Protection of Women from Domestic Violence Act 2005; the Family Courts Act 1984; and the Benami Transactions legislation). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Who is governed by the Hindu Marriage Act 1955?
- When does a breach of s. 5 make a Hindu marriage void, voidable, or neither?
- When is a Hindu marriage complete, and what does registration do?
- What must be proved to obtain a divorce for desertion?
- What is the standard of proof in a matrimonial cause?
- What are the conditions and the procedure for divorce by mutual consent?
- How does s. 23 control every matrimonial decree?
- What relief may a court grant apart from the principal decree?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Hindu Marriage Act 1955, s. 2
- Hindu Marriage Act 1955, s. 5, 11, 12 and 18
- Hindu Marriage Act 1955, s. 7 and 8
- Hindu Marriage Act 1955, s. 13(1)(ib) and the Explanation
- Hindu Marriage Act 1955, s. 13(1)(ia) and 23(1)
- Hindu Marriage Act 1955, s. 13B
- Hindu Marriage Act 1955, s. 23
- Hindu Marriage Act 1955, s. 24, 25 and 26
Leading cases
- Shastri Yagnapurushdasji v. Muldas Bhudardas Vaishya
- Ram Singh v. Sushila Bai
- Bipinchandra v. Prabhavati
- Dastane v. Dastane
- Sumati Devi v. Prem Nath
- Sarla Mudgal v. Union of India
Full case summaries
- Shastri Yagnapurushdasji v. Muldas Bhudardas Vaishya (1966)
- Dastane v. Dastane (1975)
- Bipinchandra v. Prabhavati