PAPER-II: FAMILY LAW-I (Hindu Law) related short question

PAPER-II: FAMILY LAW-I (Hindu Law)

Unit-I

Q1: What are the sources of Hindu Law?
Answer:
The sources of Hindu Law are broadly categorized into Ancient and Modern sources.
Ancient Sources include:

Shruti – Comprising the Vedas and Upanishads, it is considered divine revelation.
Smriti – Includes texts like Manusmriti, Yajnavalkya Smriti, and Narada Smriti.
Commentaries and Digests – Such as Mitakshara and Dayabhaga, which interpret Smritis.
Custom (Achara) – Long-standing practices accepted by society.
Equity and Justice (Sadachara) – Principles of fairness and conscience.
Modern Sources include:
Legislation – Statutes like the Hindu Marriage Act, 1955.
Judicial Decisions – Precedents set by Indian courts.
Justice, Equity and Good Conscience – Applied where codified law is absent.
Customs – Still recognized if ancient, continuous, and reasonable.
Together, these sources guide legal principles in Hindu personal matters like marriage, inheritance, and succession.

Q2: What is the scope and application of Hindu Law?
Answer:
Hindu Law governs personal matters like marriage, succession, adoption, and guardianship for Hindus. It applies to:

Followers of Hinduism, Buddhism, Jainism, and Sikhism.
Persons who are not Muslims, Christians, Parsis or Jews, unless proven otherwise.
Persons born to Hindu parents, or those raised as Hindus.
The Hindu Law applies in both statutory and uncodified (customary) forms. Legislations such as the Hindu Marriage Act, 1955; the Hindu Succession Act, 1956; and others codify core aspects.
In cases where statutes are silent, customs and judicial precedents are relied upon. Thus, Hindu Law maintains a broad scope and ensures applicability to a wide population base in India and to Hindus abroad in certain situations.

Q3: What are the main schools of Hindu Law?
Answer:
There are two primary schools of Hindu Law:

Mitakshara School
Dayabhaga School
Mitakshara School is prevalent throughout most of India (North, West, South, and Central India). It is based on Vijnaneshwara’s commentary on the Yajnavalkya Smriti. It emphasizes birthright in joint family property and promotes a joint Hindu family concept.
Sub-schools of Mitakshara:

Benaras School (Uttar Pradesh, Bihar)
Mithila School (Bihar, parts of Nepal)
Maharashtra School
Dravida or Madras School
Dayabhaga School, found mainly in Bengal and Assam, is based on Jimutavahana’s treatise. It grants inheritance rights only after the father’s death, thus recognizing individual ownership over joint property.
These schools have historically governed succession, inheritance, and property rights, though much has now been codified under the Hindu Succession Act, 1956.

Q4: Define Hindu Marriage. What is its importance?
Answer:
A Hindu marriage is traditionally a sacrament (Sanskara), not merely a contract. It signifies the union of two individuals for life, undertaken for dharma, progeny, and companionship.
Importance:

Marriage is essential for fulfilling religious duties, as many rites cannot be performed without a spouse.
It sustains the family lineage (gotra).
It promotes social and moral order in society.
It is considered a permanent and spiritual bond, not just physical or legal.
Even though the Hindu Marriage Act, 1955 has codified and modernized marriage laws, the sanctity of marriage as a cultural and religious institution remains paramount in Hindu society.

Q5: What are the key features of the Hindu Marriage Act, 1955?
Answer:
The Hindu Marriage Act, 1955 brought uniformity and legality to Hindu marriages. Its key features include:

Applicability – To Hindus, Buddhists, Jains, and Sikhs.
Monogamy – Prohibits bigamy; second marriage during subsisting marriage is void.
Age Requirement – Minimum age: 21 years for males and 18 years for females.
Valid Consent – Parties must have sound mind and give free consent.
Marriage Ceremonies – As per local custom or by Saptapadi.
Registration – Though not mandatory, registration is encouraged for legal proof.
Divorce Provisions – Grounds for judicial separation and divorce are defined.
The Act provides a framework for ensuring gender equality and individual rights within marriage while respecting cultural values.

Q6: What are the essential conditions for a valid Hindu marriage?
Answer:
Section 5 of the Hindu Marriage Act, 1955 lays down essential conditions:

Monogamy – Neither party should have a living spouse.
Sound Mind – Both must be capable of giving valid consent.
Age – Groom must be at least 21, bride at least 18.
Prohibited Relationships – Marriage should not occur within prohibited degrees unless custom allows.
Sapinda Relationship – Marriage between sapindas is prohibited unless custom allows.
Non-compliance can make a marriage void or voidable. These conditions aim to ensure fairness, mental maturity, and moral legitimacy in marital relationships.

Q7: What are the customary marriage ceremonies under Hindu Law?
Answer:
Hindu marriages are solemnized by religious ceremonies, as per Section 7 of the Hindu Marriage Act, 1955. These ceremonies vary by region and community but must follow customary rites.
Common Ceremonies Include:

Kanyadaan – Giving away the daughter.
Panigrahan – Groom taking the bride’s hand.
Saptapadi (Seven Steps) – Most crucial; after taking seven steps around the sacred fire, marriage becomes complete and binding.
Mangal Sutra and Sindoor – Cultural symbols of marriage.
The presence of these rituals makes a marriage socially and legally recognizable in Hindu society. Where customary ceremonies are absent, a marriage may be considered invalid.

Q8: What is the legal position on monogamy in Hindu Law?
Answer:
Under Section 5(i) of the Hindu Marriage Act, 1955, monogamy is mandatory. It states that neither party should have a living spouse at the time of marriage.
Legal Effect of Bigamy:

A second marriage during the subsistence of the first is void under Section 11.
It constitutes an offence under Section 494 of the Indian Penal Code, punishable with imprisonment and/or fine.
This provision reflects the shift from traditional tolerance of polygamy to modern values of gender equality and marital fidelity. It legally protects spouses, especially women, from being subjected to unjust marital relationships.

Q9: Distinguish between Polygamy and Polyandry in Hindu Law.
Answer:
Polygamy refers to a man having multiple wives, while polyandry refers to a woman having multiple husbands.
Polygamy in Hindu Law:

Traditionally accepted in ancient times (e.g., kings having many wives).
Now prohibited by the Hindu Marriage Act, 1955.
Polyandry:
Extremely rare; culturally limited (e.g., among some Himalayan tribes like the Todas or early Pandavas).
Never formally recognized in Hindu texts or practice.
Both practices are socially and legally discouraged today. Hindu Law, through codification, upholds monogamy to ensure fairness, dignity, and stability in marital life.

Q10: Is registration of Hindu marriage mandatory? What is its importance?
Answer:
Registration of Hindu marriages is not mandatory under the Hindu Marriage Act, 1955. However, many states have made it compulsory under their respective Marriage Registration Rules.
Importance:

Provides legal evidence of the marriage.
Useful in matters of inheritance, divorce, maintenance, and property rights.
Helps prevent child marriages and fraudulent marriages.
Facilitates easier proof of relationship in domestic and foreign legal matters.
The Supreme Court in Seema v. Ashwani Kumar (2006) recommended that marriage registration should be made compulsory to protect the rights of women and children.
Hence, while not universally required, it is strongly encouraged for legal security.

Q11. What is monogamy and how is it recognized under Hindu Law?

Answer:
Monogamy refers to the practice of being married to only one person at a time. Under Hindu Marriage Act, 1955, monogamy is a mandatory condition for a valid Hindu marriage. Section 5(i) of the Act states that neither party should have a living spouse at the time of the marriage.
Prior to the Act, Hindu men were allowed to practice polygamy, although women were expected to remain monogamous. After the 1955 legislation, bigamy became a punishable offense under Section 17 of the Hindu Marriage Act read with Sections 494 and 495 of the Indian Penal Code.
This change aimed to establish gender equality and prevent the exploitation of women. The recognition of monogamy ensures the legal sanctity of the marital bond and protects the rights of spouses and children arising from such marriages.

Q12. Define polygamy. Is it permitted under Hindu Law?

Answer:
Polygamy is the practice of having more than one spouse at the same time. Traditionally, Hindu men were allowed to have multiple wives, but Hindu women could not have multiple husbands. However, with the enactment of the Hindu Marriage Act, 1955, polygamy was declared illegal for Hindus.
According to Section 5 of the Act, a Hindu marriage is valid only if neither party has a living spouse at the time of marriage. If a Hindu man or woman marries again during the lifetime of a spouse, the second marriage is void, and the person is liable for punishment under Section 494/495 IPC.
Thus, Hindu Law presently upholds monogamy and punishes polygamy as a criminal offense. This provision is a progressive reform promoting gender equality and legal certainty in personal relationships.

Q13. What is polyandry? Is it recognized under Hindu Law?

Answer:
Polyandry refers to a marital arrangement in which one woman has multiple husbands at the same time. In Hindu society, polyandry has been socially and legally disapproved. It is neither accepted by Hindu customs nor recognized by the Hindu Marriage Act, 1955.
Though there are rare historical and mythological instances—like Draupadi in the Mahabharata—where polyandry existed, such practices are not prevalent in modern Hindu society.
The Hindu Marriage Act emphasizes monogamy for both men and women. Thus, any attempt by a woman to enter into a marital relationship with more than one man simultaneously would be considered invalid and without legal status under the current law.
Hence, polyandry is not permitted under Hindu Law and is considered void.

Q14. What are the objectives of the Hindu Marriage Act, 1955?

Answer:
The Hindu Marriage Act, 1955, was enacted with the purpose of codifying and reforming Hindu personal law relating to marriage. Its key objectives include:

Establishing monogamy by making bigamy a punishable offense.
Providing legal validity and uniformity to Hindu marriages.
Specifying essential conditions for a valid marriage such as age, consent, mental capacity, etc.
Giving rights to both spouses in matters of restitution of conjugal rights, divorce, judicial separation, and maintenance.
Promoting gender equality by providing equal rights to men and women.
Recognizing marriage as both a sacrament and a legal contract.
Thus, the Act modernized Hindu marriage customs while preserving their spiritual significance.

Q15. Explain the conditions for a valid Hindu marriage under the Hindu Marriage Act, 1955.

Answer:
Section 5 of the Hindu Marriage Act, 1955, lays down the essential conditions for a valid Hindu marriage:

Monogamy – Neither party should have a living spouse at the time of marriage.
Sound Mind – Both parties must be capable of giving valid consent and should not be suffering from mental disorders.
Marriageable Age – The bridegroom should be at least 21 years old and the bride at least 18 years old.
Prohibited Relationships – The parties should not be within degrees of prohibited relationship unless custom allows.
Sapinda Relationship – The parties should not be Sapindas of each other, unless permitted by custom.
If these conditions are not fulfilled, the marriage may be considered void or voidable depending on the nature of the violation.

Q16. What is the legal age for marriage under Hindu Law?

Answer:
Under Section 5(iii) of the Hindu Marriage Act, 1955, the minimum age for marriage is:

21 years for the groom, and
18 years for the bride.
This provision aims to prevent child marriages and protect the physical and mental health of individuals. Although child marriages are not automatically void under the Act, they are voidable at the option of the minor party.
Moreover, under the Prohibition of Child Marriage Act, 2006, promoting or solemnizing such marriages is a punishable offense. Hence, legal age ensures maturity, consent, and better marital life.

Q17. Are marriages within prohibited degrees of relationship valid under Hindu Law?

Answer:
Generally, under Hindu Marriage Act, 1955, marriages within prohibited degrees of relationship are void unless a custom or usage governing the parties permits such a marriage.
Section 3(g) defines “degrees of prohibited relationship,” which includes relationships like brother-sister, uncle-niece, aunt-nephew, etc.
Such marriages are considered unnatural or incestuous under Hindu traditions and are socially unacceptable. However, certain communities (e.g., South Indian customs) permit marriages among cross-cousins.
Hence, the validity of such marriages depends on the governing custom or tradition of the parties involved.

Q18. What are Sapinda relationships and how do they affect marriage?

Answer:
A Sapinda relationship refers to persons who are connected through common ancestry within certain generations. As per Section 3(f) of the Hindu Marriage Act, a person is a Sapinda:

Within three generations from the father’s side, and
Within five generations from the mother’s side.
Marriage between Sapindas is prohibited unless there is a valid custom that allows it. The purpose is to prevent inbreeding and maintain genetic diversity.
Violation of the Sapinda rule renders the marriage void under Section 11 of the Act. Thus, understanding Sapinda limits is vital before solemnizing marriage.

Q19. What are the essential ceremonies required for a Hindu marriage?

Answer:
The Hindu Marriage Act, 1955 does not prescribe specific rites but states under Section 7 that a Hindu marriage is solemnized when the customary rites and ceremonies of either party are performed.
Common essential ceremonies include:

Saptapadi – Taking seven steps around the sacred fire, which completes the marriage.
Homa – Offering oblations to the fire.
Kanyadaan – Giving away of the bride by her father.
Mangalsutra tying or sindoor application (optional/custom-based).
If these rituals are not performed, the marriage may not be legally valid. Customary practices are given importance in determining legality.

Q20. Is registration of Hindu marriages compulsory? What is its significance?

Answer:
The Hindu Marriage Act does not make registration compulsory, but various state laws and court rulings have emphasized its importance. The Supreme Court in Seema v. Ashwani Kumar (2006) directed all states to enact rules for compulsory registration.
Significance of registration:

Acts as legal proof of marriage
Useful in cases of divorce, maintenance, or inheritance
Prevents fraudulent or forced marriages
Helps women claim rights
Although not mandatory under central law, registration is encouraged for legal certainty and protection of rights.

Q21. What is the significance of ‘Saptapadi’ in Hindu marriage?

Answer:
‘Saptapadi’ literally means “seven steps.” It is one of the most important and binding rituals in a Hindu marriage. Under Section 7 of the Hindu Marriage Act, 1955, a Hindu marriage is considered complete and legally valid only when the parties take seven steps around the sacred fire (Agni), if such rite is customary to them.
The ritual symbolizes the couple’s joint commitment toward the responsibilities of married life. Each step represents a specific vow related to sustenance, strength, prosperity, family, progeny, health, and eternal companionship.
According to Hindu traditions, once the seventh step is taken, the marriage becomes indissoluble. If the couple separates before completing Saptapadi, the marriage is considered incomplete.
Therefore, Saptapadi is not merely a ceremonial practice but a legally and spiritually binding act that affirms the union.

Q22. What is the effect of violation of marriage conditions under Section 5 of the Hindu Marriage Act?

Answer:
Section 5 of the Hindu Marriage Act, 1955 lists essential conditions for a valid marriage. Violation of these conditions may result in the marriage being declared void or voidable, depending on the nature of the breach:

Void Marriage (Section 11): If the marriage violates conditions like bigamy, prohibited relationships, or Sapinda rules, it is automatically void and has no legal standing.
Voidable Marriage (Section 12): If one party was mentally unsound, underage, or gave consent under fraud or coercion, the marriage is voidable at the option of the aggrieved party.
The legal effects include lack of marital rights, inheritance rights, and the status of legitimacy for children unless protected by Section 16.
Hence, compliance with Section 5 is critical for legal recognition of the marriage.

Q23. What remedies are available under the Hindu Marriage Act for void or voidable marriages?

Answer:
The Hindu Marriage Act, 1955 provides legal remedies in cases of void or voidable marriages:

Void Marriage (Section 11): Either party can file a petition in the Family Court for a decree of nullity. Once granted, it means the marriage never existed in the eyes of law.
Voidable Marriage (Section 12): The aggrieved party may seek annulment on grounds like coercion, fraud, impotence, or unsoundness of mind. The petition must be filed within a reasonable period (usually within one year of discovering the defect).
In both cases, if the marriage is annulled, the wife can still claim maintenance under Section 25 and children born out of such marriages are deemed legitimate under Section 16.
Thus, the Act balances legal sanctity with social justice.

Q24. How is consent important in Hindu marriage?

Answer:
Traditionally, Hindu marriage was viewed as a sacrament, not requiring the express consent of the bride or groom. However, under the Hindu Marriage Act, 1955, mental capacity and valid consent have become crucial legal prerequisites.
As per Section 5(ii), a valid Hindu marriage requires that both parties:

Must be capable of giving consent,
Must not suffer from unsoundness of mind, and
Should be fit for marriage and procreation of children.
In case of forced marriage, fraud, or lack of consent, the marriage becomes voidable under Section 12. Courts have held that free and informed consent is essential for marital autonomy and dignity.
Thus, the importance of consent represents a shift from ritualistic traditions to individual rights and legal awareness.

Q25. What is the legal status of a child born from a void or voidable marriage under Hindu Law?

Answer:
Under Section 16 of the Hindu Marriage Act, 1955, children born from void or voidable marriages are deemed legitimate. This provision ensures that the child does not suffer due to the illegality or annulment of the parents’ marriage.
Key points:

The child enjoys legitimacy for all purposes, including inheritance from the parents.
However, the child cannot inherit ancestral joint family property from other relatives (like uncles or cousins) under coparcenary rights.
The legitimacy applies irrespective of whether the marriage is later declared void or annulled.
This progressive provision ensures that the child’s rights are protected and aligns with Article 39(e) and (f) of the Constitution regarding child welfare.

Unit-II

Q1. What is Restitution of Conjugal Rights under Hindu Marriage Act?

Answer:
Restitution of Conjugal Rights is a legal remedy provided under Section 9 of the Hindu Marriage Act, 1955. It allows a spouse to petition the court when the other spouse has withdrawn from their company without any reasonable cause.
The objective is to restore marital cohabitation and fulfill matrimonial obligations such as companionship, affection, and support.
The court, upon satisfaction, may pass a decree directing the erring spouse to return to the matrimonial home. However, enforcement is limited—failure to obey may lead to consequences like divorce under Section 13(1A).
It is often used as a preliminary step to prove desertion or prepare for divorce. Critics argue it violates personal liberty and bodily autonomy, while supporters see it as a reconciliation tool.

Q2. What is a decree of nullity of marriage under Hindu Law?

Answer:
A decree of nullity is a legal declaration that a marriage is void or voidable under Sections 11 and 12 of the Hindu Marriage Act.

Void marriages (Section 11) are invalid from the beginning—for example, if a party has a living spouse or the marriage falls within prohibited degrees.
Voidable marriages (Section 12) are valid until annulled—reasons include lack of consent, coercion, fraud, or incapacity.
Either spouse can seek a decree of nullity in a family court. Once granted, the marriage is considered as never having existed legally.
However, under Section 16, children from such marriages are deemed legitimate. This remedy protects individuals trapped in marriages lacking legal or ethical foundation.

Q3. What is Judicial Separation under Hindu Marriage Act?

Answer:
Section 10 of the Hindu Marriage Act, 1955 provides for Judicial Separation. It allows spouses to live separately without terminating the marriage.
Grounds include cruelty, adultery, desertion, conversion, mental disorder, venereal disease, renunciation, etc., similar to divorce grounds.
Unlike divorce, judicial separation offers a chance for reconciliation. It suspends matrimonial rights and duties but does not end the marital status.
After one year of non-resumption of cohabitation post-decree, either party may seek divorce under Section 13(1A).
It is a middle path for those unwilling or not ready to take the final step of divorce and offers legal protection while living apart.

Q4. What are the grounds for divorce under Hindu Marriage Act, 1955?

Answer:
Section 13 of the Hindu Marriage Act, 1955 lays down several grounds for divorce:

Adultery
Cruelty
Desertion for 2 years
Conversion to another religion
Unsound mind
Incurable leprosy or venereal disease
Renunciation of the world
Presumed death (missing for 7 years)
Additional grounds are available to wives, such as:

Husband having another wife alive
Rape, sodomy, or bestiality by husband
Marriage before attaining 15 years of age
These grounds must be proven with evidence. The Act also allows mutual consent divorce under Section 13B. The objective is to protect individual dignity and offer a legal remedy to an irreparably broken marriage.

Q5. What is Divorce by Mutual Consent under Hindu Law?

Answer:
Section 13B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent. It enables both spouses to mutually agree to dissolve their marriage peacefully.
Conditions include:

One year of marriage must be completed
Parties must have lived separately for at least one year
Mutual agreement that the marriage has irretrievably broken down
A joint petition is filed in Family Court, followed by a six-month waiting period (which may be waived in certain cases as per Supreme Court).
After the second motion, if both parties still consent, the court grants the decree.
This remedy is faster, less acrimonious, and avoids lengthy litigation. It is ideal where reconciliation is impossible, and both parties seek a dignified exit.

Q6. What is Maintenance Pendente Lite under Section 24?

Answer:
Section 24 of the Hindu Marriage Act provides for maintenance pendente lite (during the pendency of proceedings) and legal expenses.
Either spouse, lacking sufficient income, can claim support from the other for:

Maintenance during the litigation
Expenses of the case
The court, after examining both parties’ income and needs, may order a reasonable amount.
It ensures that economically weaker spouses, especially women, can access justice and survive during proceedings. The provision reflects social justice and gender sensitivity in matrimonial law.

Q7. What is Permanent Alimony under Section 25 of Hindu Marriage Act?

Answer:
Section 25 allows the court to grant permanent alimony and maintenance to either spouse after the dissolution or annulment of marriage.
It can be a lump-sum or periodic payment, considering:

Income and property of both parties
Conduct of the parties
Other relevant circumstances
The court may vary or cancel the amount if circumstances change or the recipient remarries.
This remedy ensures post-marital financial security, especially for women who may be homemakers or lack independent income. It aims to prevent destitution after divorce or separation.

Q8. What are the legal provisions regarding custody of children under Hindu Law?

Answer:
Section 26 of the Hindu Marriage Act governs the custody, maintenance, and education of minor children.
Either spouse can apply for custody during or after legal proceedings. The court considers:

Welfare of the child (paramount consideration)
Child’s age, preference (if mature), emotional and physical needs
Earning capacity and conduct of parents
Custody can be granted to either parent or jointly, with visitation rights to the other.
Separate provisions under Guardians and Wards Act, 1890 also apply.
The aim is to safeguard the child’s best interests, not parental claims or rights.

Q9. How is child maintenance decided under Hindu Law?

Answer:
Child maintenance is covered under Section 26 of the Hindu Marriage Act and also under personal laws and the CrPC Section 125.
The court ensures that children are provided:

Basic needs (food, shelter, education, healthcare)
Protection and emotional stability
Factors considered:
Income of both parents
Needs and status of the child
Custodial arrangement
Maintenance continues until the child becomes a major, or longer in the case of disability or education.
The aim is to ensure children are not deprived of support due to parental separation.

Q10. Do live-in relationship partners have maintenance rights under Indian law?

Answer:
Yes, under Indian law, partners in live-in relationships may claim maintenance under certain conditions. The Protection of Women from Domestic Violence Act, 2005, extends legal remedies to women in “relationships in the nature of marriage.”
Conditions considered by courts:

Duration of cohabitation
Shared household
Public perception as husband-wife
Mutual commitment
If these elements are proven, the woman can claim maintenance, protection, and even residence rights.
The Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) clarified that genuine relationships akin to marriage are entitled to legal protection.
This provision prevents exploitation and gives dignity to women in long-term partnerships.

Q11. What is the concept of Restitution of Conjugal Rights under Hindu Marriage Act, 1955?
Ans:
Restitution of Conjugal Rights is a remedy provided under Section 9 of the Hindu Marriage Act, 1955. It allows a spouse to compel the other to resume marital cohabitation when the latter has withdrawn from the society of the other without reasonable cause. This provision aims to preserve the sanctity of marriage and provides an opportunity for reconciliation. The essential conditions include—(1) one spouse must have withdrawn from the society of the other, (2) the withdrawal must be without reasonable excuse, and (3) the aggrieved party must file a petition in a competent court. If the court is satisfied with the facts, it may pass a decree for restitution. Non-compliance with this decree for over a year can become a ground for divorce under Section 13(1A). Though constitutionally challenged in cases like Saroj Rani v. Sudarshan Kumar Chadha, it was upheld by the Supreme Court as constitutionally valid. However, critics argue that it may violate personal liberty and individual autonomy.

Q12. What are the grounds for Nullity of Marriage under Hindu Marriage Act?
Ans:
Under Sections 11 and 12 of the Hindu Marriage Act, 1955, a marriage can be declared null and void or voidable depending on the nature of the defect. Section 11 deals with void marriages, which are treated as never having occurred. Grounds include: (1) Bigamy – one party already has a living spouse, (2) parties are within prohibited degrees of relationship, or (3) marriage between sapindas without valid custom. Such marriages are void ab initio.
Section 12 deals with voidable marriages, which are valid until annulled by a court. Grounds include: (1) Impotency, (2) Marriage obtained by force or fraud, (3) Consent obtained by coercion, and (4) Woman being pregnant by another man at the time of marriage without the husband’s knowledge. Only the aggrieved party may seek annulment under Section 12, and certain time limits apply. The decree of nullity results in the marriage being considered legally as though it never happened, though children born are deemed legitimate under Section 16.

Q13. What is Judicial Separation and how does it differ from Divorce?
Ans:
Judicial Separation is a legal remedy available under Section 10 of the Hindu Marriage Act, 1955. It allows spouses to live apart without ending the marital relationship. The grounds for judicial separation are similar to those for divorce under Section 13, such as cruelty, adultery, desertion, etc. Once a decree is granted, the obligation to cohabit is suspended, but the marital bond continues.
The key difference between judicial separation and divorce is that divorce dissolves the marriage entirely, whereas judicial separation suspends marital obligations but keeps the relationship legally intact. Judicial separation is often preferred by those who do not want an immediate dissolution of marriage due to social or personal reasons. Additionally, non-resumption of cohabitation for over a year after a judicial separation decree becomes a valid ground for divorce under Section 13(1A). This remedy provides a “cooling-off” period to consider reconciliation before taking the final step of divorce.

Q14. Discuss the concept of Divorce under the Hindu Marriage Act, 1955.
Ans:
Divorce under the Hindu Marriage Act, 1955, is provided under Section 13 and results in the permanent dissolution of the marriage. Grounds for divorce include adultery, cruelty, desertion for two years, conversion to another religion, unsoundness of mind, venereal disease, renunciation of the world, and presumed death.
Section 13B also allows for divorce by mutual consent, which requires both parties to have lived separately for at least one year and to agree that the marriage has broken down irretrievably.
The Act also provides for special grounds available only to wives, such as the husband’s marriage before the commencement of the Act or rape/unnatural offences post-marriage. Divorce proceedings must be filed in a family court with proper jurisdiction. The decree of divorce ends all marital rights and obligations, but issues like alimony, maintenance, and custody may still be adjudicated. Over time, divorce laws have evolved to accommodate changing societal norms, ensuring fair and humane treatment for both spouses.

Q15. What is ‘Maintenance pendente lite’ under Hindu Marriage Act, 1955?
Ans:
‘Maintenance pendente lite’ refers to temporary financial support provided during the pendency of matrimonial proceedings. Under Section 24 of the Hindu Marriage Act, 1955, either spouse (husband or wife) can claim maintenance if they lack sufficient independent income to support themselves and conduct the legal proceedings.
The court, after considering the applicant’s financial needs and the respondent’s income, may direct monthly payments for maintenance and litigation expenses. This provision ensures that a financially weaker spouse can maintain themselves and afford legal representation while the case is pending.
For example, in Manokaran v. M. Devaki, the court held that inability to maintain oneself is a sufficient ground for seeking interim maintenance. The provision applies regardless of the outcome of the case and is essential for ensuring fairness and equality in matrimonial disputes.

Q16. Explain the concept of Permanent Alimony under the Hindu Marriage Act.
Ans:
Section 25 of the Hindu Marriage Act, 1955 deals with permanent alimony and maintenance. It empowers the court to grant financial support to either spouse after passing a decree of divorce, judicial separation, or annulment.
The amount and duration of alimony depend on factors like the income and assets of both spouses, their conduct, age, and other circumstances. The court may order a lump sum or monthly/periodic payments. It can also vary, suspend, or rescind the order upon change of circumstances (e.g., remarriage or improved financial condition of the recipient).
The objective is to prevent the financial hardship of a dependent spouse post-separation. For instance, in Kanchan v. Kamalendra, the court ruled that even a working wife can claim alimony if her income is insufficient for her standard of living. This provision promotes gender-neutral justice and ensures dignity for the weaker party after marital breakdown.

Q17. What are the provisions for custody and maintenance of children under the Act?
Ans:
The Hindu Marriage Act, under Section 26, deals with the custody, maintenance, and education of minor children during or after matrimonial proceedings. The court can pass interim or final orders for custody in a way that ensures the welfare of the child, which is the paramount consideration.
Factors considered include the child’s age, emotional and educational needs, parental financial stability, and the child’s preference (if mature enough). The court can award custody to one parent and visitation rights to the other. It may also direct monthly payments for maintenance and education.
The provision is gender-neutral, and either parent may be granted custody depending on the child’s welfare. For example, in Roxann Sharma v. Arun Sharma, the Supreme Court reiterated that a mother’s custody of a minor child should not be disturbed unless it adversely affects the child’s welfare.

Q18. What is the legal status of live-in relationships in India?
Ans:
While not formally recognized as marriage, live-in relationships are considered legitimate under Indian law if they are stable and long-term. The Supreme Court in D. Velusamy v. D. Patchaiammal held that live-in relationships resembling marriage may be entitled to protection under the Protection of Women from Domestic Violence Act, 2005.
The woman in such a relationship may claim maintenance if the relationship is “in the nature of marriage”—meaning cohabitation for a significant duration with social recognition and shared responsibilities. However, casual or secret relationships do not qualify. The courts aim to protect the rights of vulnerable partners, especially women, by ensuring economic and social justice. Children born from such relationships are also considered legitimate and entitled to inheritance from parents.

Q19. Can a woman in a live-in relationship claim maintenance under Indian law?
Ans:
Yes, a woman in a live-in relationship may claim maintenance under Section 20 of the Domestic Violence Act, 2005, provided the relationship is “in the nature of marriage.” This means the couple must have lived together for a reasonable time, presented themselves as husband and wife, and shared domestic life.
In Chanmuniya v. Virendra Kumar Singh Kushwaha, the Supreme Court held that women in live-in relationships are entitled to maintenance if the relationship fulfills certain criteria such as shared household, long-term cohabitation, and public perception as a couple.
The objective is to protect women from destitution and exploitation. However, proving the nature and stability of the relationship is crucial. Courts examine social and financial interdependence, common residence, and public acknowledgment before granting maintenance.

Q20. How does the Hindu Marriage Act ensure welfare of children during divorce proceedings?
Ans:
Under Section 26 of the Hindu Marriage Act, 1955, courts are empowered to make suitable arrangements for the custody, maintenance, and education of children during or after divorce proceedings. The primary consideration is the child’s welfare, including emotional, physical, and financial aspects.
The court may grant interim or permanent custody to one parent while allowing visitation rights to the other. Maintenance may be fixed based on the earning capacity of both parents and the child’s needs.
Courts also ensure that the decision is not influenced by the personal disputes of parents but focused on what best serves the child’s growth and well-being. In some cases, children’s preferences are also taken into account. This provision ensures that parental separation does not lead to neglect or suffering of minors.

प्रश्न 21: स्थायी गुज़ारा भत्ता (Permanent Alimony) क्या है?
उत्तर:
स्थायी गुज़ारा भत्ता (Permanent Alimony) हिंदू विवाह अधिनियम, 1955 की धारा 25 के तहत दिया गया एक वित्तीय समर्थन है, जिसे न्यायालय तलाक, न्यायिक पृथक्करण या विवाह की घोषणा शून्य/शून्यकरणीय होने पर पति या पत्नी में से किसी एक को आदेशित कर सकता है। यह भत्ता एकमुश्त राशि के रूप में या नियमित किस्तों में दिया जा सकता है।
न्यायालय इसे निर्धारित करते समय कई कारकों को ध्यान में रखता है—जैसे दोनों पक्षों की आय, संपत्ति, जीवन शैली, स्वास्थ्य, और दायित्व। यदि पत्नी या पति, जिसे गुज़ारा भत्ता दिया गया है, पुनः विवाह कर लेता है या शारीरिक संबंधों में लिप्त पाया जाता है, तो न्यायालय इस भत्ते को समाप्त कर सकता है।
इस प्रावधान का उद्देश्य आर्थिक रूप से कमजोर पक्ष को जीवन यापन में सहायता प्रदान करना है। स्थायी गुज़ारा भत्ता दोनों पक्षों के लिए उपलब्ध है, चाहे वह पुरुष हो या महिला।

प्रश्न 22: बच्चों की हिरासत (Custody of Children) का निर्धारण कैसे होता है?
उत्तर:
हिंदू विवाह अधिनियम, 1955 की धारा 26 के अंतर्गत, तलाक, पृथक्करण या विवाह शून्यता के मामलों में बच्चों की हिरासत, भरण-पोषण और शिक्षा से संबंधित आदेश पारित किए जा सकते हैं।
न्यायालय यह तय करते समय बच्चे की भलाई (welfare of child) को सर्वोपरि मानता है। इसमें शारीरिक, मानसिक, नैतिक और भावनात्मक विकास शामिल होता है। माता-पिता की आयु, आर्थिक स्थिति, चरित्र, बच्चे के साथ भावनात्मक संबंध और बच्चे की इच्छाएं भी विचार में ली जाती हैं।
हिरासत अस्थायी (interim) या स्थायी (permanent) रूप से दी जा सकती है। अदालत यह भी निर्देश दे सकती है कि दूसरा माता-पिता मुलाकात (visitation) का अधिकार कैसे प्राप्त करे।
बालक के सर्वोत्तम हित में निर्णय दिया जाता है, न कि केवल माता या पिता के अधिकार के आधार पर।

प्रश्न 23: बच्चों के भरण-पोषण (Maintenance of Children) के लिए क्या प्रावधान हैं?
उत्तर:
हिंदू विवाह अधिनियम की धारा 26 बच्चों के भरण-पोषण से संबंधित है। जब विवाह-विच्छेद, पृथक्करण या विवाह को अमान्य घोषित किया जाता है, तब अदालत बच्चों के लिए वित्तीय सहायता का आदेश दे सकती है।
यह सहायता उनके भोजन, शिक्षा, स्वास्थ्य और अन्य आवश्यकताओं के लिए होती है। यह आदेश अस्थायी (Interim) और अंतिम (Permanent) दोनों हो सकते हैं।
अदालत माता-पिता की आय, बच्चों की उम्र, ज़रूरतें और रहन-सहन का स्तर देखकर यह निर्णय लेती है।
यह व्यवस्था तब तक लागू रहती है जब तक बच्चा बालिग न हो जाए। यदि बच्चा मानसिक या शारीरिक रूप से अक्षम है, तो सहायता जारी रह सकती है।
यह अधिकार बच्चों की भलाई सुनिश्चित करने के लिए आवश्यक माना गया है और कानून उन्हें संरक्षण प्रदान करता है।

प्रश्न 24: ‘Live-in relationship’ में रहने वाली महिला को भरण-पोषण का क्या अधिकार है?
उत्तर:
भारत में ‘live-in relationship’ को पूर्णतः मान्यता प्राप्त नहीं है, परंतु सर्वोच्च न्यायालय के कई निर्णयों के माध्यम से इसे कुछ हद तक कानूनी सुरक्षा दी गई है।
यदि एक महिला लंबे समय तक पुरुष के साथ सहमति से पति-पत्नी जैसे संबंध में रहती है, तो उसे ‘पत्नी’ के समान अधिकार मिल सकते हैं, जिसमें भरण-पोषण का अधिकार भी शामिल है।
‘Protection of Women from Domestic Violence Act, 2005’ के तहत live-in partner को ‘aggrieved person’ माना गया है और वह भरण-पोषण की मांग कर सकती है।
हालांकि यह आवश्यक है कि संबंध “marriage-like” हों—अर्थात् सार्वजनिक रूप से स्वीकृत, स्थायी, और पति-पत्नी की भूमिका निभाते हों।
यदि live-in relationship केवल अस्थायी या अनैतिक हो, तो ऐसे मामलों में भरण-पोषण नहीं मिल सकता।
न्यायालय इस पर निर्णय देते समय रिश्ते की प्रकृति, अवधि और महिला की निर्भरता को महत्व देता है।

प्रश्न 25: विवाह के समय पत्नी को छोड़े गए बच्चों की देखभाल की जिम्मेदारी किस पर होती है?
उत्तर:
यदि विवाह के बाद पति पत्नी और बच्चों को छोड़ देता है, तो बच्चों की देखभाल और भरण-पोषण की जिम्मेदारी कानूनी रूप से पिता पर होती है। हिंदू विवाह अधिनियम, 1955 की धारा 26 और ‘Guardian and Wards Act, 1890’ के तहत न्यायालय यह सुनिश्चित करता है कि बच्चों की भलाई सुनिश्चित हो।
पिता यदि बच्चों को छोड़ देता है और पत्नी अकेली बच्चों का पालन-पोषण कर रही हो, तो वह न्यायालय से भरण-पोषण के लिए आवेदन कर सकती है।
इसके अलावा, ‘CrPC की धारा 125’ के तहत भी पत्नी बच्चों के लिए भरण-पोषण का दावा कर सकती है।
न्यायालय बच्चे की पढ़ाई, स्वास्थ्य, पालन-पोषण और रहन-सहन को ध्यान में रखते हुए पिता को मासिक गुज़ारा भत्ता देने का आदेश दे सकता है।
यदि पिता अनुपस्थित है या असमर्थ है, तो न्यायालय अन्य उपाय जैसे रिश्तेदारों से सहायता या सरकारी योजनाओं की सिफारिश कर सकता है।
बच्चे की भलाई सर्वोपरि होती है।

Unit-iii

Q.1: What is the concept of adoption under Hindu law?
Ans:
Adoption under Hindu law is a legal process through which a person takes a child into their family, giving the child the same rights as a biological child. It is governed by the Hindu Adoption and Maintenance Act, 1956. The Act allows both male and female Hindus to adopt, subject to certain conditions. Adoption is irrevocable and severs all ties with the biological family of the adopted child. A person can adopt only if they are a major and of sound mind. A male must obtain the consent of his living wife unless exempted under specific grounds like renunciation, unsoundness of mind, or conversion. A female Hindu can adopt independently if she is unmarried, divorced, or a widow. The child to be adopted must be a Hindu, unmarried, and below 15 years of age unless there is a custom that permits otherwise. The adopted child must belong to the opposite gender if the adopter already has a child of that gender. The primary purpose of adoption in Hindu law is not only child welfare but also the continuation of lineage and performance of religious duties.

Q.2: Who can adopt under the Hindu Adoption and Maintenance Act, 1956?
Ans:
Under the Hindu Adoption and Maintenance Act, 1956, both male and female Hindus are eligible to adopt, subject to certain conditions. A male Hindu can adopt if he is of sound mind, a major, and has the consent of his living wife unless she has renounced the world, is of unsound mind, or has ceased to be a Hindu. A female Hindu, whether unmarried, widowed, divorced, or legally separated, can also adopt if she is a major and of sound mind. However, a married woman cannot adopt independently while her husband is alive unless he falls under the above exceptions. Additionally, the person adopting must not already have a child of the same gender as the child being adopted. The age of the child to be adopted must be under 15 years and the child must be Hindu, unmarried, and not previously adopted. Thus, the law ensures that adoption is in line with religious customs while safeguarding the interests of both adoptive parents and children.

Q.3: What are the conditions for a valid adoption under Hindu law?
Ans:
For a valid adoption under the Hindu Adoption and Maintenance Act, 1956, several conditions must be fulfilled. Firstly, the person adopting must be a Hindu, of sound mind, and not a minor. A male adopter must obtain the consent of his living wife unless she has renounced the world, is of unsound mind, or is no longer a Hindu. Secondly, the person giving the child in adoption must be legally competent—this could be the father, mother, or guardian, depending on the circumstances. Thirdly, the child must be a Hindu, unmarried, and under 15 years of age, unless there is a prevailing custom allowing otherwise. Moreover, if the adopter already has a son or grandson, he cannot adopt another son; similarly, if he has a daughter or granddaughter, he cannot adopt another daughter. The adoption must result in a legal transfer of the child from the biological to the adoptive family, with all associated rights and responsibilities. All these conditions ensure that adoption is carried out for the welfare of the child and in conformity with religious and legal norms.

Q.4: What are the effects of a valid adoption?
Ans:
Once an adoption is valid under the Hindu Adoption and Maintenance Act, 1956, it results in the complete legal transfer of the child from the biological family to the adoptive family. The adopted child is deemed to be the child of the adoptive parents for all legal purposes, as if born to them. The child ceases to have any ties with the biological family in terms of inheritance rights, maintenance, or familial duties. Instead, the child gains all rights, including property rights, in the adoptive family. The adopted child also assumes the same obligations and responsibilities as a biological child. However, this legal severance from the biological family does not affect any past liabilities incurred before adoption. Importantly, adoption is irrevocable under Hindu law, which means once it is validly done, it cannot be canceled by either party. The purpose is to secure the welfare and integration of the adopted child into a new family unit fully and permanently.

Q.5: What is maintenance under Hindu law and who is entitled to it?
Ans:
Maintenance under Hindu law refers to financial support provided to certain dependents, which includes essentials like food, clothing, shelter, education, and medical care. As per the Hindu Adoption and Maintenance Act, 1956, a Hindu is obligated to maintain his wife (even if separated but not remarried), his minor children (legitimate and illegitimate), unmarried daughters, aged or infirm parents, and legitimate dependents. A wife is entitled to maintenance during the marriage and even after separation or divorce unless she is unchaste or has remarried. Similarly, children are entitled to maintenance till they become adults, and daughters until they marry. Widowed daughters-in-law can also claim maintenance under certain conditions. The amount and mode of maintenance depend on various factors, including the status and income of the person liable and the needs of the dependent. The aim is to ensure that no dependent is left destitute or without support due to familial or marital breakdowns.

Q.6: What are the rights of a Hindu wife to claim maintenance?
Ans:
A Hindu wife has a statutory right to claim maintenance under Section 18 of the Hindu Adoption and Maintenance Act, 1956. She is entitled to be maintained by her husband during her lifetime, whether she lives with him or separately, provided the separation is with just cause. Grounds for living separately include cruelty, desertion, husband’s second marriage, or if he has a contagious disease or leads an immoral life. The wife may also claim separate residence and maintenance without losing her right to alimony. The amount of maintenance is determined based on the husband’s financial capacity, standard of living, and other dependents. Even after divorce, a Hindu wife can claim maintenance under Section 25 of the Hindu Marriage Act, 1955. However, if the wife is unchaste or remarries, her right to maintenance is forfeited. The purpose of this provision is to ensure the financial security and dignity of a wife who may be abandoned, ill-treated, or wronged by her husband.

Q.7: What is the law regarding guardianship under Hindu law?
Ans:
Guardianship under Hindu law is governed by the Hindu Minority and Guardianship Act, 1956. A guardian is a person legally appointed to take care of the person or property of a minor. A minor is defined as a person below 18 years of age. There are different types of guardians: natural guardians, testamentary guardians, and guardians appointed by the court. The father is the natural guardian of a minor boy or unmarried girl, and after him, the mother is the guardian. In the case of an illegitimate child, the mother is the primary guardian. For a minor married girl, the husband is the guardian. Testamentary guardians are those appointed through a will. A guardian must act in the minor’s best interest and cannot dispose of immovable property without the court’s permission. The Act gives preference to natural guardians but emphasizes the welfare of the child as paramount, especially in custody and guardianship disputes.

Q.8: Who is considered a natural guardian under Hindu law?
Ans:
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor boy or unmarried girl is the father, and after him, the mother. However, the custody of a child under the age of five years is generally given to the mother, as it is presumed to be in the child’s best interest. For an illegitimate child, the mother is the natural guardian, followed by the father. In the case of an adopted minor, the adoptive father is the natural guardian, and after him, the adoptive mother. It is important to note that a natural guardian must be a Hindu and cannot be disqualified due to renunciation, conversion, or unsoundness of mind. The Supreme Court has emphasized in several cases that the welfare of the child is paramount, and even a natural guardian may be overridden if it is not in the child’s best interest.

Q.9: What are the powers and limitations of a guardian under Hindu law?
Ans:
Under the Hindu Minority and Guardianship Act, 1956, a guardian has the responsibility to protect the person and property of a minor. However, the powers of a guardian, especially regarding property, are not absolute. A natural guardian can perform acts necessary or reasonable for the benefit of the minor’s estate but cannot bind the minor to personal covenants. Importantly, they cannot mortgage, lease, or transfer any immovable property of the minor for more than five years or beyond the minor attaining majority, without prior permission from the court. Any unauthorized transaction can be declared void. The court grants permission only if the act is in the best interest of the minor. The guardian must act prudently and honestly, as they are considered trustees of the minor’s welfare. Courts can remove a guardian if they act against the minor’s interest, abuse their position, or become incapable of performing their duties.

Q.10: What is the distinction between a natural and a court-appointed guardian?
Ans:
A natural guardian is one recognized by law due to the biological relationship with the minor, such as the father or mother under the Hindu Minority and Guardianship Act, 1956. They automatically hold the right and responsibility to take care of the minor and their property, subject to legal constraints. In contrast, a court-appointed guardian is assigned by a court under the Guardians and Wards Act, 1890, when no natural or testamentary guardian is available or suitable. The court may also intervene if the natural guardian is unfit or the welfare of the child is at risk. While natural guardians act by virtue of their relationship, court-appointed guardians function under judicial supervision and require permission for major decisions. Both types of guardians must act in the best interest of the child, but court-appointed guardians are more closely regulated to prevent misuse or neglect.

Q.11Who can be adopted under the Hindu Adoption and Maintenance Act, 1956?

उत्तर:
Under the Hindu Adoption and Maintenance Act, 1956, only a Hindu child can be adopted. A child is eligible for adoption if:

He/she is a Hindu.
He/she has not already been adopted.
He/she is unmarried, unless there is a custom or usage permitting married persons to be adopted.
He/she is below the age of 15 years, unless there’s a custom that allows otherwise.
These conditions ensure that adoption is in line with Hindu customs and prevents misuse. The Act clearly prohibits adoption of non-Hindu children or those already adopted, ensuring legal clarity and social acceptance. This provision protects the welfare of the child and respects religious boundaries.

प्रश्न 12: What are the conditions for a valid adoption by a male Hindu?
उत्तर:
As per Section 7 of the Hindu Adoption and Maintenance Act, 1956, a male Hindu can adopt if:

He is of sound mind.
He is a major (i.e., above 18 years).
If he is married, the consent of his living wife is necessary, unless she has renounced the world, ceased to be Hindu, or has been declared of unsound mind by a court.
These conditions ensure that the adoption is not done arbitrarily or against the interest of the wife. It emphasizes the role of the wife in the joint decision-making process, promoting gender parity in family matters. The law aims to ensure adoption is legally valid and morally responsible.

Q13: What are the conditions for a valid adoption by a female Hindu?
उत्तर:
Under Section 8 of the Hindu Adoption and Maintenance Act, 1956, a female Hindu can adopt if:

She is of sound mind and a major.
She is unmarried, or if married:
- Her husband is dead,
- Has completely renounced the world,
- Has ceased to be Hindu,
- Has been declared of unsound mind by a court.
  A married woman cannot adopt a child during the lifetime of her husband unless the above exceptions apply. This provision ensures that the husband’s authority is respected during marriage but also empowers women in cases where the husband is unavailable or incapacitated. This ensures fairness and clarity in adoption by women.

Q14: What are the effects of adoption under Hindu Law?
उत्तर:
Once a valid adoption is made under the Hindu Adoption and Maintenance Act, 1956, the adopted child is deemed to be the child of the adoptive parents for all purposes.
Effects include:

The child severs all ties from the biological family.
Gains the same rights and obligations in the adoptive family as a natural-born child.
Inherits property from adoptive parents but not from biological parents.
The adoptive parents become responsible for the child’s maintenance and welfare.
This legal transformation ensures that the adopted child is fully integrated into the new family and enjoys equal status. It promotes the welfare and identity of the adopted child, avoiding any legal ambiguity in inheritance and relationships.

Q15: What is the legal obligation of a Hindu to maintain dependents?
उत्तर:
Section 22 of the Hindu Adoption and Maintenance Act, 1956, lays down the obligation of a Hindu to maintain certain dependents. Even after death, the estate of a Hindu is liable to maintain:

Widowed daughter-in-law,
Minor legitimate children,
Aged or infirm parents,
Illegitimate children (to a limited extent).
This duty is not merely moral but legally enforceable. The purpose is to ensure no family member is left destitute. Maintenance includes food, clothing, shelter, medical care, and education. The law reflects the Indian ethos of familial duty and support, extending legal protection to vulnerable members.

Q16: Who can claim maintenance under the Hindu Adoption and Maintenance Act, 1956?
उत्तर:
Under the Act, the following persons can claim maintenance:

A wife from her husband (including separated or abandoned wives).
Children (legitimate and illegitimate) from parents.
Aged or infirm parents from children.
Widowed daughter-in-law from father-in-law.
Dependents from the deceased Hindu’s estate.
This provision ensures social security within the family structure. The Act emphasizes moral and financial responsibility among family members and provides legal remedies for those in need. It is a significant step towards social welfare in Hindu personal law.

Q17: What is the difference between maintenance pendente lite and permanent alimony?
उत्तर:
Maintenance pendente lite refers to financial support granted during the pendency of a legal proceeding (like divorce), under Section 24 of the Hindu Marriage Act, 1955.
Permanent alimony, under Section 25, is granted after the disposal of the case and is either a lump sum or periodic payment.
While the former is temporary and procedural in nature, the latter is substantive and long-term. Maintenance pendente lite ensures the weaker party can sustain the legal battle, whereas permanent alimony ensures post-divorce financial security. Both remedies aim to balance power and ensure justice, especially for financially dependent spouses.

Q18: Define guardianship under Hindu law.
उत्तर:
Guardianship refers to the legal responsibility for the care and control of a minor child and their property. Under the Hindu Minority and Guardianship Act, 1956:

The father is the natural guardian of a minor boy or unmarried girl.
After the father’s death, the mother becomes the natural guardian.
For illegitimate children, the mother is the first guardian.
The guardian is expected to act in the best interest of the child. Guardianship ensures the child’s education, health, and upbringing are not neglected. The law balances parental authority with child welfare, making the guardian accountable.

Q19: Can a minor be adopted under Hindu law?
उत्तर:
Yes, under Section 10 of the Hindu Adoption and Maintenance Act, 1956, a minor can be adopted. A minor is defined as a person under 15 years of age. However, if there is a custom permitting adoption of a person above 15, it is allowed.
The adoption must fulfill all legal conditions, such as consent of natural guardians and capacity of the adoptive parents. The adopted minor gains full status of a biological child in the new family. This provision protects the child’s future and integrates them into a stable family environment.

Q20: What are the rights of a mother as a guardian under Hindu law?
उत्तर:
Under the Hindu Minority and Guardianship Act, 1956, the mother becomes the natural guardian of a minor only after the father’s death. However, for illegitimate children, the mother is the first natural guardian.
She has full authority over the child’s education, health, and welfare. The mother can also be appointed as a guardian by court. The modern trend in judiciary favors equality and recognizes the mother’s right to act as an independent guardian in the best interest of the child, especially in cases of custody disputes. This strengthens women’s rights and child welfare under personal law.

Unit-IV

Q.1: What is intestate succession under Hindu law?
Ans: Intestate succession refers to the process of distributing the property of a Hindu person who dies without making a valid will. The Hindu Succession Act, 1956 governs the rules of intestate succession among Hindus, Buddhists, Jains, and Sikhs. In such cases, the legal heirs are identified and the property is distributed according to a set hierarchy. For Hindu males, the property is first inherited by Class I heirs, including wife, sons, daughters, and mother. If no Class I heirs exist, then it goes to Class II heirs, and so on. For Hindu females, the property devolves first upon her children and husband, then to her parents. The Act ensures a clear and uniform method of inheritance and has been amended over time to ensure gender equality, particularly with the 2005 amendment, which granted daughters equal rights in coparcenary property.

Q.2: Explain the rules of succession to the property of a Hindu male.
Ans: The Hindu Succession Act, 1956 outlines the succession rules for a Hindu male dying intestate. The property first goes to Class I heirs, which include sons, daughters, widow, and mother. If none are alive, then the property devolves to Class II heirs, which include father, siblings, and other relatives. If neither Class I nor Class II heirs exist, the property passes to agnates (relatives through male lineage) and then cognates (relatives through female lineage). If no legal heir is available, the property goes to the government (escheat). The 2005 amendment to the Act further ensured that daughters, whether married or not, are treated equally as sons in ancestral property and as coparceners in joint Hindu families governed by Mitakshara law.

Q.3: How does succession work in case of a Hindu female dying intestate?
Ans: When a Hindu female dies intestate, the rules of succession are outlined in Section 15 and 16 of the Hindu Succession Act, 1956. The property is first inherited by her children (sons and daughters), husband, and the children of any predeceased child. If they are not alive, it goes to her heirs from her father’s side, then to her mother’s side. However, if she inherited property from her husband or father-in-law, it goes back to her husband’s heirs, and if she inherited from her father or mother, it reverts to her parental heirs. This distinction preserves the lineal inheritance path. The succession rules in case of Hindu females ensure a structured but sometimes debated gendered hierarchy, especially when the property is inherited from others.

Q.4: What is the Hindu Succession (Amendment) Act, 2005?
Ans: The Hindu Succession (Amendment) Act, 2005 is a landmark amendment that sought to eliminate gender discrimination in inheritance laws. Prior to this amendment, only male members had rights in coparcenary property under Mitakshara law. The 2005 amendment gave daughters equal rights as sons in ancestral property, making them coparceners by birth. They also got equal liabilities. This empowered Hindu daughters with property rights within the joint family system and ensured legal recognition of their inheritance rights regardless of marital status. The amendment applied retrospectively and was a major step towards gender justice in Hindu personal law.

Q.5: What is the significance of the Andhra Pradesh Amendment to the Hindu Succession Act?
Ans: The Andhra Pradesh Hindu Succession (Amendment) Act, 1986 was a progressive step taken before the national amendment of 2005. It granted equal coparcenary rights to daughters in Hindu joint family property governed by the Mitakshara law. Under this state amendment, daughters were considered coparceners from birth, just like sons, and had the right to demand partition. This law applied only in the state of Andhra Pradesh and served as a model for the national-level 2005 amendment. It reflected the state’s commitment to promoting gender equality in inheritance matters and ensuring that daughters were not denied their rightful share in family property.

Q.6: Define notional partition under Hindu succession.
Ans: Notional partition is a legal fiction used under Hindu succession law to determine the share of a deceased coparcener at the time of his death. It assumes that a partition occurred immediately before the death of the coparcener, and the shares of all coparceners are calculated accordingly. This concept is used to determine the share of the deceased that will devolve to his heirs under the Hindu Succession Act. It is crucial in assessing the property rights of heirs, especially daughters after the 2005 amendment, as it helps in identifying what portion of property each coparcener was entitled to before death, even if no actual partition took place.

Q.7: What is enlargement of limited estate into absolute estate under Section 14?
Ans: Section 14 of the Hindu Succession Act, 1956 transformed the rights of Hindu women by converting their limited estate into an absolute one. Before the Act, a woman often held only a “limited estate” with restricted rights, especially over inherited or gifted property. Section 14(1) ensured that any property a Hindu woman possessed (acquired before or after the Act) became her absolute property with full ownership rights. However, Section 14(2) provided that property granted for a specific purpose (e.g., maintenance) through will or gift might still remain a limited estate. This provision empowered women and was a progressive move toward gender justice in Hindu law.

Q.8: How does the Hindu Succession Act treat daughters in coparcenary property?
Ans: After the 2005 amendment to the Hindu Succession Act, daughters are recognized as coparceners by birth in the same manner as sons. They have equal rights in the ancestral property and can demand partition. They also bear equal liabilities. This amendment overturned the earlier patriarchal structure which excluded daughters from joint family property. The Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) clarified that these rights are conferred by birth and are not dependent on whether the father was alive on the date of the amendment. The law thus ensures daughters’ parity with sons in coparcenary matters.

Q.9: What is the concept of Surrogacy under Hindu law?
Ans: Surrogacy is not specifically governed under traditional Hindu law, but it has emerged as a relevant legal issue in modern times. Surrogacy refers to an arrangement where a woman (surrogate mother) agrees to carry and deliver a child for another person or couple. The Hindu law does not prohibit surrogacy, and Hindu couples have availed surrogacy under medical and ART regulations. The Surrogacy (Regulation) Act, 2021 now governs this aspect in India. It permits only altruistic surrogacy and prohibits commercial surrogacy. Hindu couples must be legally married for at least five years and childless or medically unable to conceive. Though not part of ancient texts, surrogacy is now addressed within the modern legal framework to ensure ethical practices.

Q.10: How does Hindu law view property rights of children born via surrogacy?
Ans: Under modern Indian legal framework, children born via surrogacy enjoy the same legal rights as biological children. According to the Surrogacy (Regulation) Act, 2021 and ART (Assisted Reproductive Technology) laws, such children are considered the legitimate child of the intended couple. Hindu law, though silent on surrogacy specifically, does not distinguish between a naturally born and a surrogate-born child once legality is established. They have equal rights to succession and inheritance from their legal parents. As per Section 8 of the Hindu Succession Act, such a child is treated as a Class I heir and inherits the estate like any biological child. This ensures the child’s welfare and protects their rights.

Q11. What is the concept of notional partition under Hindu Succession Act, 1956?
Ans: Notional partition is a legal fiction under the Hindu Succession Act, 1956, primarily for the purpose of determining the share of the deceased in coparcenary property at the time of his death. It assumes a hypothetical division of the joint family property as if the deceased had partitioned it just before his death. The objective is to ascertain his share which will devolve by succession and not by survivorship. This concept is vital when a Hindu male dies intestate, and his property is to be divided among heirs under the law. This provision has been reinforced after the 2005 Amendment, which gives daughters the same rights as sons in coparcenary property.

Q12. How does the 2005 Amendment to Hindu Succession Act affect women’s inheritance rights?
Ans: The Hindu Succession (Amendment) Act, 2005 marked a revolutionary change in women’s inheritance rights. It removed the gender disparity by granting daughters equal rights as sons in the coparcenary property of a joint Hindu family governed by Mitakshara law. Daughters became coparceners by birth, with the same rights and liabilities. This change allowed daughters to claim partition, demand their share, and dispose of it as they wish. It overruled previous judgments that denied daughters equal inheritance, ensuring gender justice and aligning with constitutional principles of equality.

Q13. How is succession to the property of a Hindu male decided in case of intestate death?
Ans: In case a Hindu male dies intestate (without making a will), his property devolves as per Section 8 of the Hindu Succession Act, 1956. The legal heirs are divided into four classes: Class I, II, agnates, and cognates. Class I heirs include the widow, sons, daughters, and mother, who inherit simultaneously and equally. If there are no Class I heirs, the property goes to Class II heirs like father, siblings, etc. If none of these exist, the property goes to agnates and then to cognates. This ensures fair distribution among the closest relatives.

Q14. How does succession differ in the case of a Hindu female dying intestate?
Ans: The Hindu Succession Act, 1956 treats female succession separately under Section 15 and 16. If a Hindu female dies intestate, her property devolves first to her sons, daughters (including children of any predeceased child), and husband. If none are present, it goes to the heirs of her husband, followed by her parents’ heirs. However, any property inherited by her from her father or mother reverts to their heirs if she dies without children. Similarly, property inherited from her husband or father-in-law returns to their heirs. This rule ensures that the inherited property goes back to the source family.

Q15. What is meant by enlargement of a woman’s limited estate to full ownership?
Ans: Under the Hindu Succession Act, 1956, Section 14(1) provides for the enlargement of a Hindu woman’s limited estate into her absolute estate. Earlier, women only had a limited right (like life interest) in property. This provision declares that any property possessed by a Hindu female, whether acquired before or after the commencement of the Act, becomes her absolute property if acquired by way of gift, inheritance, partition, maintenance, or arrears of maintenance. This progressive provision gave women full ownership and power to dispose of property, eliminating the ancient concept of ‘limited estate.’

Q16. Explain the general rules of succession under the Hindu Succession Act, 1956.
Ans: The general rules of succession are laid down in Sections 8 to 13 of the Hindu Succession Act, 1956. These rules apply in cases of intestate succession. For males, succession starts with Class I heirs. If none exist, it moves to Class II, then agnates and cognates. For females, property goes to her children and husband first. The succession also follows principles such as simultaneous inheritance, equal distribution, and elimination of survivorship in joint family property. The 2005 Amendment emphasized equality by allowing daughters equal rights in coparcenary property. The Act ensures clarity, hierarchy, and fairness in inheritance.

Q17. What is the Hindu Succession (Andhra Pradesh Amendment) Act, 1986?
Ans: The Hindu Succession (Andhra Pradesh Amendment) Act, 1986 was a progressive regional law that provided daughters equal rights in coparcenary property in Andhra Pradesh, ahead of the 2005 central amendment. It amended Section 6 of the Hindu Succession Act and gave daughters the status of a coparcener in Mitakshara joint family property by birth, equal to sons. This law recognized daughters’ right to demand partition, alienate their share, and claim maintenance and survivorship rights. It was a landmark move that inspired the nationwide 2005 Amendment to promote gender equality in inheritance.

Q18. How is the concept of surrogacy relevant to Hindu Law?
Ans: The concept of surrogacy refers to a practice where a woman (surrogate) carries a child for another person or couple. While Hindu Law traditionally does not mention surrogacy, modern issues have necessitated legal and ethical debates. Surrogacy raises questions of legitimacy, inheritance, guardianship, and rights of the child. The Surrogacy (Regulation) Act, 2021 now governs such cases. In the context of Hindu law, the legitimacy of the child born via surrogacy is critical for succession and inheritance. Courts have generally treated such children as legitimate if the intent and process are legal and documented.

Q19. What are the rights of a daughter-in-law in the property of her in-laws?
Ans: A daughter-in-law does not have an automatic right in the property of her in-laws unless her husband inherits or has a share in the property. If the husband dies intestate, the daughter-in-law may inherit his share as a legal heir. She can also claim maintenance and residence rights under the Domestic Violence Act, 2005. The Supreme Court has held that she has the right to reside in a shared household, even if not owned by her husband, provided it’s the matrimonial home. However, she cannot demand partition or ownership unless she inherits her husband’s share.

Q20. How does the Hindu Succession Act deal with the property of an adopted child?
Ans: Under Section 12 of the Hindu Adoption and Maintenance Act, 1956, once a child is adopted, he/she is deemed to be the child of the adoptive parents and loses all ties with the biological family. Therefore, under the Hindu Succession Act, an adopted child can inherit property from the adoptive parents just like a biological child. This includes both intestate and testamentary succession. However, if the adoption deed or will specifies any restriction, it must be followed. The adopted child has no right in the biological family’s property unless the biological parent specifically includes them in a will.

Q.20. What are the general rules of succession in the case of a Hindu male dying intestate?
Ans:
When a Hindu male dies without making a will (intestate), his property is distributed as per the rules under the Hindu Succession Act, 1956. The general rule is that the property devolves first upon the Class I heirs, which include the widow, sons, daughters, and the mother of the deceased. If no Class I heirs are present, then the property goes to Class II heirs, such as the father, brother, sister, etc. If neither class has claimants, then the property devolves upon agnates (related through male lineage) and then to cognates (related through male or female lineage). The principle of survivorship that applied earlier to joint family property has now been abolished for daughters as per the 2005 Amendment, giving them equal rights in coparcenary property.

Q.21. What are the general rules of succession for a Hindu female dying intestate?
Ans:
According to Section 15 of the Hindu Succession Act, 1956, if a Hindu female dies intestate, her property devolves firstly upon her children (sons and daughters), and husband. If none are available, the property then goes to the heirs of the husband, followed by the heirs of the father, and then the heirs of the mother. This order reflects a preference toward the husband’s lineage. However, if the property was inherited from her father or mother and she dies without any children, such property goes back to the source (i.e., her natal family). Similarly, if it was inherited from her husband or father-in-law and she dies without issue, it reverts to the husband’s heirs. This special return provision ensures ancestral property remains in the respective family lineage.

Q.22. What is the significance of the Hindu Succession (Amendment) Act, 2005?
Ans:
The Hindu Succession (Amendment) Act, 2005 brought a revolutionary change by granting equal rights to daughters in Hindu Mitakshara coparcenary property. Before the amendment, daughters were not considered coparceners and were not entitled to claim partition or ancestral property. Post-2005, daughters have the same rights and liabilities as sons in joint family property. They can now demand partition, become karta (head of family), and are equally liable for family debts. The amendment removed gender discrimination and aligned inheritance laws with constitutional equality. It overruled previous customs and court judgments and has been upheld by various Supreme Court verdicts. It applies retrospectively to living daughters, irrespective of their marital status.

Q.23. What is notional partition under the Hindu Succession Act?
Ans:
Notional partition is a legal fiction under Section 6 of the Hindu Succession Act, used to calculate the share of a deceased coparcener in Mitakshara joint family property. It assumes that the deceased coparcener had partitioned his share just before his death, although no actual partition had occurred. This notional share is then passed on to the heirs according to the rules of succession. For example, if a father dies leaving behind a wife, a son, and a daughter, his notional share in the joint property is first calculated as if he had separated during his lifetime. This calculated share is then inherited by his legal heirs equally. This concept is essential for fair division, especially post the 2005 amendment, which grants daughters equal rights in such shares.

Q.24. What does the concept of enlargement of limited estate into absolute estate mean?
Ans:
Under the Hindu Succession Act, 1956, Section 14 provides that a Hindu female holding a property as a limited owner (such as a life estate or widow’s estate) will be considered its absolute owner. This is called the enlargement of a limited estate into an absolute estate. The law was enacted to remove old patriarchal restrictions where women could enjoy the property only during their lifetime. Now, any property acquired by a female, whether before or after the Act, by inheritance, partition, gift, maintenance, or any other means, becomes her absolute property if she possesses it when the Act came into force. However, this does not apply to property received under a will or gift that clearly restricts ownership. This change empowers women legally and economically.

Q.25. What is the legal status of surrogacy under Hindu personal law?
Ans:
Surrogacy, though not explicitly dealt with under Hindu personal laws, is governed by general laws like the Surrogacy (Regulation) Act, 2021. Under Hindu law, the legitimacy and rights of a child born through surrogacy are recognized similarly to naturally born children. Once a surrogacy agreement is legally executed and the child is born, the intended parents are considered the legal parents. The Hindu Adoption and Maintenance Act and Hindu Succession Act do not bar such children from being adopted or inheriting property. However, in the absence of specific personal law provisions, statutory surrogacy regulations take precedence. Courts have upheld the legitimacy of such children under Article 21 (Right to Life), ensuring their right to identity, inheritance, and maintenance. Thus, while Hindu law is silent, general legal protections cover surrogate children.

Unit-V

Q1. What is a Hindu Joint Family?

Ans:
A Hindu Joint Family is an extended family arrangement recognized under Hindu law where members of a common ancestor reside together, share property, and perform religious rites collectively. It includes male members up to four generations along with unmarried daughters and wives. A Hindu Joint Family is created automatically by birth and not by agreement, and continues as long as members do not separate. It is a unique feature of Hindu Law, especially under the Mitakshara system, and is governed by the Hindu Succession Act, 1956. Female members have also gained inheritance rights after the 2005 amendment, contributing to the joint family.

Q2. What is a Coparcenary under Hindu Law?
Ans:
Coparcenary is a narrower body within the Hindu Joint Family. It consists of a father and his three lineal male descendants (sons, grandsons, and great-grandsons) under the Mitakshara school. After the Hindu Succession (Amendment) Act, 2005, daughters were also recognized as coparceners. Coparcenary property is held jointly by coparceners, and they acquire an interest in it by birth. It allows the right to seek partition and demand one’s share. The concept of coparcenary is central to property rights and succession under Hindu law.

Q3. What is the difference between Joint Family Property and Coparcenary Property?
Ans:
Joint Family Property includes ancestral property, property acquired jointly by members of the family, and property gifted to the joint family. Coparcenary Property, however, is a subset of Joint Family Property where only coparceners have a birthright and interest. Joint Family Property may be owned and managed by the Karta, and all members may benefit from it, but only coparceners have the legal right to demand partition or alienation. The distinction is crucial for determining property rights and obligations within the family.

Q4. Who is a Karta in a Hindu Joint Family?
Ans:
The Karta is the senior-most male member of a Hindu Joint Family who acts as its head and manager. He holds a position of trust and responsibility and is responsible for managing family affairs, properties, and representing the family in legal matters. After the 2005 amendment, daughters can also act as Kartas in certain circumstances. The Karta has extensive powers, including decision-making, entering into contracts, and alienating property for legal necessity. However, these powers are fiduciary and must benefit the family.

Q5. What are the powers of the Karta in a Hindu Joint Family?
Ans:
The Karta has extensive powers that are unique and not available to other members. These include the power to manage the family estate, represent the family in legal matters, and incur debts for family purposes. He can alienate joint family property for legal necessity, benefit of estate, or indispensable duty. The Karta can also compromise disputes, refer matters to arbitration, and make payments on behalf of the family. However, he is accountable to the coparceners and must not misuse his position.

Q6. What are the duties of a Karta in a Joint Family?
Ans:
The Karta’s duties include maintaining proper accounts of the family property, safeguarding joint family property, spending reasonably for family purposes, and acting in the best interests of the family. He must ensure fair distribution of income and manage the affairs without personal gain. In case of partition, he must divide the property equitably. While not legally bound to maintain accounts, courts may require them if allegations of mismanagement arise. His duties are fiduciary and rooted in trust.

Q7. What is Partition under Hindu Law?
Ans:
Partition is the division of Joint Family or Coparcenary Property among its members. It can be partial or total. On partition, the joint status is severed and the property is divided as per the legal share of each coparcener. Partition can be oral, written, or through a suit in court. After the 2005 amendment, daughters are also entitled to seek partition. Once partition occurs, the family loses its joint character, and the individual shares become separate property.

Q8. What is the concept of Pious Obligation in Hindu Law?
Ans:
Pious Obligation is a religious duty recognized under Hindu Law where a son, grandson, or great-grandson is bound to pay the debts of his father, grandfather, and great-grandfather, provided they are not immoral or illegal. This principle originates from Dharma and was traditionally linked to salvation. However, the Hindu Succession (Amendment) Act, 2005 abolished the son’s pious obligation to repay such debts, thereby changing the traditional liability framework. The obligation no longer binds heirs under modern law.

Q9. Can a Karta alienate Joint Family Property?
Ans:
Yes, a Karta can alienate Joint Family Property, but only under three valid circumstances: legal necessity, benefit of estate, and performance of indispensable duties (such as marriage, funeral, or religious ceremonies). The alienation must be for the benefit of the entire family, and not for personal reasons. If the alienation is challenged, the burden of proof lies on the alienee to justify its necessity. Unjustified alienation can be set aside at the instance of other coparceners.

Q10. What is the legal position of Debts and their repayment in a Hindu Joint Family?
Ans:
Traditionally, a Hindu son was liable to repay the debts of his father under the doctrine of pious obligation. These debts included both ancestral and personal debts unless they were illegal or immoral. However, the Hindu Succession (Amendment) Act, 2005 abolished this principle for all debts contracted after its commencement. Now, a son or daughter is not liable for the debts of the father solely by virtue of their coparcenary status. They are liable only to the extent of the property inherited by them.

Q11. What is the concept of Hindu Joint Family?
Answer:
A Hindu Joint Family, also called Hindu Undivided Family (HUF), is a family which includes all persons lineally descended from a common male ancestor, along with their wives and unmarried daughters. It is not created by an agreement or contract but by operation of law. The family continues until a partition takes place or the family ceases to exist. It includes coparceners (those who can claim a share) and other members. A key feature is collective ownership and joint residence. All family members have a right to maintenance and residence. The senior-most male member typically acts as the Karta (manager), although under modern law, even the eldest female can be Karta. The Hindu Joint Family is governed by the Mitakshara or Dayabhaga school of law, and is an essential aspect of Hindu personal law.

Q12. What is Coparcenary under Hindu Law?
Answer:
Coparcenary is a narrower body within the Hindu Joint Family, consisting of male members (and after the 2005 amendment, daughters as well) up to four generations descending from a common male ancestor. It includes the right to joint ownership, enjoyment, and demand for partition of the family property. Under Mitakshara law, a coparcener acquires an interest by birth, while under Dayabhaga law, he acquires it on the death of the father. The 2005 amendment to the Hindu Succession Act gave daughters equal rights in coparcenary property. Coparcenary is a unique concept where ownership and possession are blended, and any coparcener can demand partition. It ends when partition occurs or all members die, leaving no eligible successor.

Q13. Differentiate between Joint Family Property and Coparcenary Property.
Answer:
Joint Family Property refers to all properties owned by the Hindu Joint Family, which may include ancestral property, property acquired by joint efforts, and income from joint assets. Coparcenary Property is a part of joint family property in which coparceners have an equal birthright.
Key differences include:

Scope: Joint family property is broader, coparcenary property is limited to the coparceners.
Ownership: All members of the family have beneficial interest in joint property, but only coparceners can demand partition.
Right to demand partition: Only coparceners have this right.
Daughter’s rights: After 2005, daughters are coparceners with equal rights in coparcenary property.

Q14. Who is a Karta and what are his powers?
Answer:
Karta is the senior-most male member (or female, post-2005 judicial interpretations) of a Hindu Joint Family who manages the family affairs. He represents the family in legal, financial, and social matters. His powers include:

Management of joint property and business.
Incurring debts for family necessity.
Alienating property for legal necessity or benefit of the estate.
Representing the family in suits and contracts. However, the Karta is not a trustee and is not accountable unless he commits fraud or misappropriation. His powers are vast but are exercised in a fiduciary capacity for the family’s benefit.

Q15. What are the duties of a Karta?
Answer:
The Karta, while enjoying wide powers, also bears significant responsibilities:

Maintain and manage the family and its properties.
Keep accounts and distribute income fairly among members.
Protect and preserve joint family property.
Meet the obligations such as family debts and marriages.
Represent the family in legal matters and tax filings.
Make decisions in the family’s interest. He must act in good faith, avoiding selfish or dishonest conduct. Though he is not legally required to maintain detailed accounts, he must justify his actions if challenged in court.

Q16. What is meant by Partition under Hindu Law?
Answer:
Partition is the division of joint family property among coparceners, resulting in the severance of joint status. It can be total (entire property and all members separated) or partial (only some members separate or only some property divided). A coparcener has the right to demand partition. Partition may be by mutual agreement, by suit, or even by unilateral declaration (e.g., by father). Once partition is effected, the share becomes separate property. Daughters, post-2005, can also demand partition. Partition ends the coparcenary status with respect to separated members.

Q17. What is the doctrine of Pious Obligation?
Answer:
The Doctrine of Pious Obligation is a principle under Hindu Law which states that a Hindu son has a moral and legal duty to pay off his father’s debts, provided they are not illegal or immoral. This obligation extends to sons, grandsons, and great-grandsons under Mitakshara law. The doctrine is based on religious duty, and the liability was enforceable against ancestral property. However, the Hindu Succession (Amendment) Act, 2005 abolished this doctrine for debts contracted after the amendment date, thereby relieving sons from automatic liability.

Q18. Can a Karta alienate joint family property?
Answer:
Yes, a Karta can alienate joint family property but only under specific conditions:

For legal necessity (e.g., medical expenses, marriage).
For benefit of the estate (e.g., saving property from loss).
With the consent of all coparceners. The alienation must be bona fide and in the family’s interest. If these conditions are not met, the alienation can be challenged and set aside by other coparceners. Burden of proof lies on the alienee to prove the necessity if contested.

Q19. How is coparcenary interest determined at the time of partition?
Answer:
At the time of partition, each coparcener receives a share based on the number of coparceners alive. The share is not fixed until the actual partition occurs. For example, if a father and two sons exist, each will get one-third share. If a father dies before partition, his share devolves by succession. After the 2005 amendment, daughters are also coparceners and entitled to equal shares. The doctrine of notional partition is applied in succession cases to determine a deceased’s share hypothetically before distributing it.

Q20. What is the legal effect of partition on joint family and coparcenary?
Answer:
Partition results in the severance of the joint family and ends the coparcenary between the separated members. After partition:

The joint ownership is converted into individual ownership.
The coparcenary property becomes separate property.
Members are free to deal with their share independently.
A person once separated may be readmitted into the joint family, but not into coparcenary unless a new one is created.
Any future property acquired individually is not joint property. Partition legally transforms the structure of the family and its property rights.