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

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

Q.1. Explain the remedy of Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. What are its essential conditions and legal consequences?
[Long Answer]

Introduction

Restitution of Conjugal Rights is a matrimonial remedy provided under Section 9 of the Hindu Marriage Act, 1955, where one spouse can seek the court’s intervention to compel the other spouse to resume cohabitation. This remedy aims to preserve the marital relationship and prevent breakdown of marriage.

Meaning of Restitution of Conjugal Rights

The term Conjugal Rights refers to the right of a husband or wife to the company, companionship, and consortium of the other spouse. When either spouse withdraws from the society of the other without reasonable cause, the aggrieved party can file a petition under Section 9 to restore these rights.

Statutory Provision: Section 9 of the Hindu Marriage Act, 1955

“When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the District Court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.”

Essential Conditions for Granting the Decree

To obtain a decree for restitution of conjugal rights, the petitioner must prove the following:

Valid Marriage: There must be a valid marriage subsisting between the parties under the Hindu Marriage Act.
Withdrawal from Society: One spouse has withdrawn from the society (cohabitation) of the other.
Without Reasonable Cause: The withdrawal must be without a just or reasonable excuse.
Bona Fide Intention: The petitioner must genuinely wish to resume marital life.
No Legal Ground of Refusal: There must not be any ground (such as cruelty, adultery, etc.) which would make the restitution unjust.

Burden of Proof

The petitioner must prove the fact of withdrawal.
The respondent has to prove that the withdrawal was with reasonable excuse.

Case Law: Swaraj Garg v. K.M. Garg, AIR 1978 Del 296
The court held that the burden lies on the respondent to prove a reasonable excuse for withdrawal.

Defenses Available to the Respondent

The respondent (withdrawing spouse) can oppose the petition on the following grounds:

Cruelty or Ill-treatment
Adultery
Mental or physical incapacity
Existence of any matrimonial relief ground (Section 13 grounds)
Lack of bona fide intention by the petitioner

Case Law: T. Sareetha v. T. Venkata Subbaiah, AIR 1983 AP 356
The Andhra Pradesh High Court held that forcing a person to cohabit violated the right to privacy and personal liberty under Article 21. However, this was later overruled by the Supreme Court.

Case Law: Saroj Rani v. Sudarshan Kumar Chadha, AIR 1984 SC 1562
The Supreme Court upheld the constitutional validity of Section 9 and held that the remedy of restitution of conjugal rights does not violate Articles 14 and 21.

Legal Consequences of a Decree for Restitution of Conjugal Rights

Enforcement of Marital Cohabitation:
The decree obligates the spouse to resume cohabitation, though physical force cannot be used to compel compliance.
Execution of Decree:
If the decree is not complied with, it can be enforced like a civil decree under Order 21, Rule 32 of the CPC.
Ground for Divorce:
Under Section 13(1-A)(ii) of the Hindu Marriage Act, non-compliance with a decree of restitution of conjugal rights for more than one year becomes a ground for divorce.
Maintenance and Other Reliefs:
If the decree is not followed, the petitioner may also be entitled to claim maintenance under Section 125 CrPC or Hindu Adoption and Maintenance Act, 1956.

Criticism and Controversy

The remedy is criticized for being coercive and against bodily autonomy and dignity, especially of women.
Critics argue that it is ineffective in genuinely restoring marital harmony and is often used as a defense in maintenance cases.
Some courts have questioned its relevance in modern matrimonial law.

Conclusion

Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955 is a unique remedy aimed at preserving the marital bond. While it promotes reconciliation, its utility and morality remain subjects of legal and ethical debate. Courts have recognized the remedy’s constitutionality, yet its enforcement and effectiveness depend on the individual circumstances of each case.

Q.2. What is meant by Nullity of Marriage under the Hindu Marriage Act, 1955? Distinguish between Void and Voidable marriages with relevant provisions and case laws.
[Long Answer]

Introduction

The concept of nullity of marriage refers to the legal declaration by a court that a marriage is either void or voidable under the law. Under the Hindu Marriage Act, 1955, such marriages are not considered valid, and legal remedies are provided to annul them.

Meaning of Nullity of Marriage

The term nullity implies that a marriage is legally invalid, and thus it never had any legal existence. Under the Hindu Marriage Act, 1955, the provisions for nullity of marriage are laid down in:

Section 11 – For Void marriages
Section 12 – For Voidable marriages

1. Void Marriages [Section 11 of the Hindu Marriage Act, 1955]

A void marriage is a marriage that is invalid from the very beginning (ab initio). It has no legal existence and is treated as if no marriage ever took place.

Grounds for Void Marriage (Section 11):

According to Section 11, a marriage is void if it contravenes any of the conditions specified in Section 5 (i), (iv), and (v) of the Act:

Bigamy (Section 5(i)):
If either party has a living spouse at the time of marriage.
Prohibited Degrees of Relationship (Section 5(iv)):
If the parties are within the degrees of prohibited relationship, unless permitted by custom.
Sapinda Relationship (Section 5(v)):
If the parties are sapindas of each other, unless permitted by custom.

Legal Effect of Void Marriage:

The marriage is null and void ab initio.
Either party can file a petition for decree of nullity under Section 11.
Children born from such marriage are considered legitimate under Section 16.
No marital rights or obligations exist between the parties.

Relevant Case Law:

Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (AIR 1988 SC 644)
Held that a marriage solemnized during the subsistence of the first marriage is void.

2. Voidable Marriages [Section 12 of the Hindu Marriage Act, 1955]

A voidable marriage is valid until annulled by a competent court. It remains valid and binding unless one party challenges it and obtains a decree of nullity.

Grounds for Voidable Marriage (Section 12):

A marriage is voidable on any of the following grounds:

Impotency (Section 12(1)(a)):
If either party is incapable of consummating the marriage due to physical or mental incapacity.
Consent obtained by force or fraud (Section 12(1)(c)):
If the marriage consent was obtained by force or fraud regarding the nature of the ceremony or material facts about the other party.
Mental disorder (Section 12(1)(b)):
If the respondent was of unsound mind at the time of marriage and incapable of giving valid consent or suffering from mental disorder.
Pregnancy by another person (Section 12(1)(d)):
If the respondent was pregnant by another person at the time of marriage, and the petitioner was unaware of it.

Time Limits for Filing (Provisos to Section 12):

For fraud or force – Petition must be filed within one year of discovering the fraud or force.
For pregnancy by another – Petition must be filed within one year of marriage and no marital intercourse after discovery.

Legal Effect of Voidable Marriage:

The marriage is valid until annulled by a decree.
If annulled, it becomes void from the date of decree.
Children born before annulment are legitimate under Section 16.

Relevant Case Law:

Gautam Kundu v. State of West Bengal (AIR 1993 SC 2295)
DNA test and fraud in marriage discussed.
Dastane v. Dastane (AIR 1975 SC 1534)
Established the test of cruelty and mental disorder in matrimonial matters.

Difference Between Void and Voidable Marriages

Point of Difference	Void Marriage	Voidable Marriage
Provision	Section 11	Section 12
Nature	Invalid from the beginning	Valid unless annulled
Effect	Treated as if marriage never existed	Becomes invalid after decree
Right to File	Either party or any person	Only aggrieved party
Children	Legitimate under Section 16	Legitimate under Section 16
Remarriage	No need for decree, free to remarry	Decree of annulment required before remarriage
Examples	Bigamy, Sapinda relationship	Fraud, Impotency, Mental disorder

Conclusion

The Hindu Marriage Act, 1955, ensures the sanctity of marriage while also providing relief to individuals trapped in marriages that are legally defective. The distinction between void and voidable marriages under Sections 11 and 12 is crucial, as it affects the rights and status of spouses and children. While void marriages have no legal standing, voidable marriages retain legal force until declared null by the court. Judicial interpretation has further clarified these concepts, ensuring that justice prevails in complex matrimonial matters.

Q.3. Discuss the concept of Judicial Separation under Section 10 of the Hindu Marriage Act, 1955. How is it different from divorce? What are its effects?
[Long Answer]

Introduction

Judicial Separation is a legal remedy available to spouses who are unable to live together but do not wish to completely terminate the marriage. It is a formal separation granted by the court under Section 10 of the Hindu Marriage Act, 1955, which allows spouses to live apart without dissolving the marital bond.

This concept serves as a cooling-off period, offering a chance for reconciliation before resorting to divorce.

Meaning of Judicial Separation

Judicial Separation means legal suspension of conjugal rights between spouses. The marriage is not dissolved, but the obligation to cohabit and fulfill marital duties is temporarily terminated by the decree of the court.

It provides relief to a party who has been wronged in the marriage, without breaking the marital tie.

Statutory Provision: Section 10 of the Hindu Marriage Act, 1955

“Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition for a decree of judicial separation on any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife, also on any of the grounds specified in sub-section (2) thereof.“

Thus, Section 10 allows either husband or wife to seek judicial separation on the same grounds as divorce under Section 13.

Grounds for Judicial Separation

The grounds for judicial separation are identical to those for divorce under Section 13(1) and 13(2), which include:

Cruelty
Adultery
Desertion (for 2 years or more)
Conversion to another religion
Unsoundness of mind or mental disorder
Virulent and incurable leprosy
Venereal disease in communicable form
Renunciation of the world (Sannyasa)
Presumed death (not heard of for 7 years)

Additional grounds for wife (Section 13(2)):

Husband has another wife living.
Husband guilty of rape, sodomy, or bestiality.
Non-resumption of cohabitation after maintenance order under Section 125 CrPC.

Legal Effect of Judicial Separation

A decree of judicial separation has the following effects:

Suspension of Conjugal Rights
The obligation of cohabitation ends, but the marriage continues to exist legally.
Right to Live Separately
Both spouses can live separately without being accused of desertion.
Ground for Divorce
Non-resumption of cohabitation for one year or more after the decree can be a ground for divorce under Section 13(1-A)(i).
No Right to Remarry
Since the marriage is not dissolved, neither party can remarry during judicial separation.
Possibility of Reconciliation
The parties may resume cohabitation at any time without any legal formality, thus reviving marital rights.

Difference Between Judicial Separation and Divorce

Point of Difference	Judicial Separation	Divorce
Provision	Section 10	Section 13
Status of Marriage	Marriage remains intact	Marriage is dissolved
Right to Remarry	Not allowed	Allowed after decree
Possibility of Reconciliation	Yes, by mutual cohabitation	No, unless remarried
Conjugal Rights	Suspended	Terminated
Purpose	Temporary relief, chance of reunion	Permanent end of marital relationship
Effect	Legal separation	Dissolution of marriage

Relevant Case Law

Smt. R. Lakshmi Narayan v. Santhi (AIR 2001 SC 2110)
The court held that judicial separation is a last attempt to preserve the marriage and should be preferred over divorce when reconciliation is possible.
K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226
The court observed that if parties have lived apart for a long time and all chances of reconciliation have failed, divorce may be granted even if judicial separation was previously sought.

Conclusion

Judicial Separation under Section 10 of the Hindu Marriage Act, 1955, serves as a middle path between continuing a troubled marriage and seeking its complete dissolution. It provides a legal framework to suspend marital obligations while giving both spouses time and space to consider reconciliation. Unlike divorce, it does not end the marriage, but it can become a stepping stone to divorce if differences persist. This remedy reflects the law’s attempt to balance the preservation of marriage with individual dignity and mental peace.

Q.4. Explain the grounds on which a Hindu marriage can be dissolved by Divorce under the Hindu Marriage Act, 1955. Also elaborate on additional grounds available to wife.
[Long Answer]

Introduction

Under Hindu law, marriage is considered a sacrament, but the Hindu Marriage Act, 1955 recognizes that a marriage may break down due to various reasons. Hence, it provides a legal framework for the dissolution of marriage through divorce under Section 13 of the Act.

Divorce puts an end to the marital relationship and allows either spouse to remarry.

Statutory Provision: Section 13 of the Hindu Marriage Act, 1955

Section 13(1) and (2) enumerate the grounds on which either spouse (husband or wife) can seek divorce. Additionally, Section 13(2) provides exclusive grounds available only to the wife.

I. Grounds for Divorce under Section 13(1) – Common to Both Spouses

Any marriage solemnized under the Act may be dissolved by a decree of divorce on the following grounds:

1. Adultery [Section 13(1)(i)]

If the other spouse has, after the marriage, voluntarily had sexual intercourse with any person other than their spouse.

Case Law: Dastane v. Dastane (AIR 1975 SC 1534) – Although focused on cruelty, this case discussed the standard of proof in matrimonial cases (preponderance of probability).

2. Cruelty [Section 13(1)(ia)]

If the other spouse has treated the petitioner with cruelty (physical or mental).

Case Law: Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 – The Supreme Court elaborated various instances of mental cruelty.

3. Desertion [Section 13(1)(ib)]

If the spouse has deserted the petitioner for a continuous period of not less than two years immediately preceding the petition.

Desertion means intentional abandonment of the other spouse without reasonable cause.

4. Conversion [Section 13(1)(ii)]

If the other spouse has ceased to be a Hindu by converting to another religion.

5. Unsoundness of Mind [Section 13(1)(iii)]

If the spouse is incurably of unsound mind or has a mental disorder making it unreasonable to live with them.

Case Law: Ram Narain Gupta v. Rameshwari Gupta (AIR 1988 SC 2260) – The court explained what constitutes mental disorder.

6. Leprosy [Section 13(1)(iv)]

(Repealed by the Personal Laws (Amendment) Act, 2019)

Earlier: If the other spouse was suffering from a virulent and incurable form of leprosy.

7. Venereal Disease [Section 13(1)(v)]

If the spouse is suffering from a communicable venereal disease.

8. Renunciation [Section 13(1)(vi)]

If the spouse has renounced the world by entering a religious order (i.e., has become a sannyasi or monk).

9. Presumption of Death [Section 13(1)(vii)]

If the spouse has not been heard of as being alive for at least seven years by those who would naturally have heard of them if they were alive.

II. Additional Grounds for Divorce under Section 13(2) – Available Only to Wife

A wife may also present a petition for divorce on the following additional grounds:

1. Bigamy [Section 13(2)(i)]

If the husband has married again or has another wife living at the time of the marriage, provided such other wife is alive at the time of the petition.

2. Rape, Sodomy or Bestiality [Section 13(2)(ii)]

If the husband has been guilty of rape, sodomy or bestiality after the marriage.

3. Non-Resumption of Cohabitation after Maintenance Order [Section 13(2)(iii)]

If the wife obtained a decree or order for maintenance under Section 125 CrPC or Section 18 of the Hindu Adoption and Maintenance Act, and there has been no cohabitation for one year or more thereafter.

4. Marriage Before 15 Years of Age [Section 13(2)(iv)]

If the marriage was solemnized before the wife attained the age of 15 years, and she repudiated the marriage before attaining the age of 18 years, whether the marriage was consummated or not.

This provision protects child brides and gives them a right to exit the marriage upon attaining maturity.

III. Other Provisions Related to Divorce

1. Section 13(1-A) – Post-Decree Grounds for Divorce

Either party may file for divorce on the basis of:

Non-resumption of cohabitation for one year after a decree of judicial separation [Section 13(1-A)(i)].
Non-restitution of conjugal rights for one year after a decree under Section 9 [Section 13(1-A)(ii)].

2. Section 13-B – Divorce by Mutual Consent

Both parties can jointly file a petition for divorce by mutual consent:

If they have lived separately for one year or more.
If they mutually agree that the marriage has broken down irretrievably.

Case Law: Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 – The Supreme Court held that the 6-month cooling-off period in mutual consent divorce under Section 13-B(2) is not mandatory and can be waived in appropriate cases.

Effects of a Decree of Divorce

Dissolution of Marital Status:
The marriage is legally ended.
Right to Remarry:
Either party may remarry after the decree becomes final.
Custody and Maintenance:
The court may decide custody of children and grant maintenance/alimony under Section 25.
Legitimacy of Children:
Children born before the decree of divorce are deemed legitimate under Section 16.
Bar to Inheritance:
Divorced spouses lose the right to inherit property from each other.

Conclusion

The Hindu Marriage Act, 1955, has brought a significant transformation in Hindu personal law by recognizing divorce and ensuring that both husband and wife can seek relief on equitable grounds. Additionally, it provides special safeguards to women by granting them certain exclusive grounds for divorce. These provisions reflect a balance between the sanctity of marriage and the rights and dignity of individuals. Judicial interpretations and social progress continue to shape these provisions in line with constitutional values and human rights.

Q.5. What do you understand by Maintenance pendente lite and expenses of proceedings under Section 24 of the Hindu Marriage Act, 1955? Discuss its scope and judicial interpretation.
[Long Answer]

Introduction

Marriage litigation often causes financial strain, especially on the economically weaker spouse. To ensure fairness and equality of arms during proceedings, the Hindu Marriage Act, 1955 under Section 24 provides for maintenance pendente lite (temporary maintenance during litigation) and expenses of proceedings.

This section empowers either spouse to claim interim financial support from the other during the pendency of proceedings under the Act.

Text of Section 24 – Hindu Marriage Act, 1955

“Where in any proceeding under this Act, it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the petitioner, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.”

Key Terms Explained

1. Maintenance Pendente Lite

Latin: “during litigation”
Temporary maintenance granted to a spouse who lacks sufficient income for sustenance during the pendency of legal proceedings.

2. Expenses of Proceedings

Refers to litigation costs such as legal fees, court fees, travel expenses, and other necessary charges incurred during the proceedings.

Scope and Purpose of Section 24

Welfare-Oriented Provision: Ensures that a financially weaker spouse (husband or wife) can pursue or defend matrimonial proceedings with dignity and adequate support.
Gender Neutral: Both husband and wife can claim maintenance under this section.
Applies to all proceedings under the Act – including divorce, judicial separation, restitution of conjugal rights, and nullity of marriage.

Essential Conditions for Grant of Relief under Section 24

Pending Matrimonial Proceeding:
The claim must arise during a pending proceeding under the Hindu Marriage Act.
Lack of Independent Income:
The applicant must not have sufficient independent income for:
- Personal sustenance.
- Bearing expenses of the case.
Reasonable Income of Respondent:
The respondent should have sufficient means to pay the maintenance.
Application by the Petitioner or Respondent:
Either party may apply, and the court decides the quantum and duration of maintenance based on facts.

Factors Considered by Court

While deciding on the quantum of maintenance pendente lite, courts consider:

Income and financial status of both parties.
Reasonable needs of the applicant.
Standard of living enjoyed during the marriage.
Any dependent children or obligations.
Conduct of parties is generally not a deciding factor.

Note: The objective is not to punish the richer spouse but to ensure parity and fairness in access to justice.

Judicial Interpretation and Landmark Cases

🔹 Chitra Lekha v. Ranjit Rai (AIR 1977 Del 176)

The court held that maintenance under Section 24 is not merely for survival but also to maintain the same standard of living as during marriage.

🔹 Bhuwan Mohan Singh v. Meena (AIR 2015 SC 3040)

The Supreme Court stressed on the timely disposal of applications under Section 24. Maintenance ensures right to dignified life and access to justice.

🔹 Manokaran v. M. Devaki (AIR 2003 Mad 212)

The Madras High Court held that even working women can claim maintenance under Section 24 if their income is not sufficient for sustenance and litigation costs.

🔹 T. Arivandandam v. T.V. Satyapal (AIR 1977 SC 2421)

Held that the discretion under Section 24 should be exercised reasonably and not used to delay or harass the other party.

Maintenance under Section 24 vs. Other Maintenance Provisions

Provision	Scope	Beneficiaries	Nature
Section 24, HMA	Only during pendency of matrimonial proceedings	Either spouse	Temporary
Section 25, HMA	Permanent alimony after decree	Either spouse	Permanent
Section 125, CrPC	Maintenance for wife, children, parents	Wife (including divorced), children, parents	Statutory remedy
Hindu Adoption and Maintenance Act, 1956	For dependent wife/children	Wife, widowed daughter-in-law, etc.	Civil remedy

Effect of Decree on Section 24 Maintenance

Once the final decree (e.g., divorce) is passed, Section 24 ceases to apply.
The party may then apply under Section 25 for permanent alimony and maintenance.

Abuse and Delay Concerns

In some cases, parties misuse Section 24 to delay proceedings or demand excessive maintenance.
Courts have emphasized speedy disposal of such applications to prevent misuse.

Supreme Court has advised that Section 24 applications should be decided within 60 days from the date of service of notice (as per Bhuwan Mohan Singh v. Meena).

Conclusion

Section 24 of the Hindu Marriage Act, 1955 is a crucial protective provision ensuring that a spouse without sufficient means is not rendered helpless in matrimonial litigation. It promotes fairness, access to justice, and gender neutrality. However, courts must exercise careful discretion to prevent misuse and ensure that genuine hardship is alleviated swiftly. Judicial interpretations have upheld its social welfare objective, making it a cornerstone of matrimonial justice in India.

Q.6. Define Permanent Alimony and Maintenance under Section 25 of the Hindu Marriage Act, 1955. What factors are considered by the court while granting it?
[Long Answer]

Introduction

Marriage is a social and legal institution, but when it breaks down, the economically weaker spouse may suffer financial hardship. To protect such individuals, Section 25 of the Hindu Marriage Act, 1955 provides for permanent alimony and maintenance. This section enables either the husband or the wife to claim financial support from the other even after the conclusion of matrimonial proceedings such as divorce, judicial separation, or annulment.

Definition: Section 25 – Permanent Alimony and Maintenance

Section 25(1) of the Hindu Marriage Act, 1955 states:
“Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant, having regard to the respondent’s own income and other property, if any, and the income and other property of the applicant…”

Meaning of Permanent Alimony

Permanent alimony refers to a financial arrangement granted by the court to a spouse after the conclusion of matrimonial proceedings.
It may be awarded as:
- A lump sum payment, or
- A periodic monthly/annual payment during the life of the applicant or until remarriage or change in circumstances.

Scope of Section 25

Applies after a final decree is passed (e.g., divorce, annulment, judicial separation, restitution of conjugal rights).
Gender Neutral: Either the husband or wife can apply.
Court’s Discretion: The court has the discretion to determine the amount and mode of payment.

Factors Considered by the Court While Granting Permanent Alimony

The court evaluates various factors while granting permanent alimony and maintenance, including:

1. Income and Property of Both Parties

The earning capacity, income sources, and assets (movable/immovable) of both the applicant and the respondent are taken into account.

Case Law: Shailja v. Khobbanna (2018) 12 SCC 199
The Supreme Court held that a capable and qualified spouse cannot avoid maintenance by claiming unemployment.

2. Financial Needs and Standard of Living

The court considers the standard of living enjoyed by the applicant during the marriage.
Maintenance should allow the applicant to live a life of similar dignity and comfort.

3. Age and Health of the Applicant

An older or physically/mentally unwell spouse may be granted higher maintenance due to dependency.

4. Duration of Marriage

A longer marriage generally results in a higher award as the dependence and expectations are greater.

Case Law: Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017) 14 SCC 200
The Supreme Court held that 25% of the husband’s net salary can be a reasonable amount of alimony, depending on circumstances.

5. Conduct of the Parties

While generally not a deciding factor, in exceptional cases, misconduct (such as cruelty, desertion, adultery) may influence the court’s decision.

6. Custody and Responsibility of Children

If the applicant is the custodian of children, additional financial support may be required for their upbringing.

7. Remarriage or Change in Circumstances

If the recipient remarries or gains substantial income, the court may alter, reduce, or cancel the maintenance under Section 25(2).

Modification or Termination (Section 25(2))

“If the court is satisfied that there is a change in the circumstances of either party, it may at the instance of either party, vary, modify or rescind any such order.”

Maintenance may be revoked or reduced if:
- The recipient remarries,
- The financial condition of the payee improves, or
- The payer suffers financial hardship.

Enforcement of Maintenance Orders

Orders under Section 25 are enforceable like civil decrees under the Civil Procedure Code (CPC).
In case of non-payment, the applicant can initiate execution proceedings, or even seek contempt of court.

Permanent Alimony under Section 25 vs. Interim Maintenance under Section 24

Aspect	Section 24	Section 25
Stage	During pendency of case	After conclusion of proceedings
Nature	Temporary (interim)	Permanent
Purpose	To support during litigation	Long-term financial security
Payment	Monthly (usually)	Lump sum or periodic
Eligibility	Either spouse	Either spouse

Judicial Trends and Observations

Courts have repeatedly emphasized that maintenance is a right, not charity.
Delayed applications may still be allowed if there is genuine hardship.
Courts discourage frivolous or exaggerated claims, and weigh economic realities.

Case Law: Rajnesh v. Neha (2020) 12 SCC 415
The Supreme Court issued guidelines for uniform maintenance orders and directed all parties to file detailed affidavits of assets and liabilities.

Conclusion

Section 25 of the Hindu Marriage Act, 1955 is a welfare-oriented provision that aims to ensure that a financially dependent spouse is not left destitute after the termination of marriage. It reflects the principles of fairness, equity, and dignity, and is guided by the idea that marriage brings responsibilities that must not be disregarded even after its legal dissolution. The courts, through various judgments, have given the section a liberal and humane interpretation, reinforcing the right to livelihood and dignified existence post-marriage.

Q.7. What are the provisions relating to custody, maintenance, and education of children under Section 26 of the Hindu Marriage Act, 1955? Discuss with relevant case laws.
[Long Answer]

Introduction:

Section 26 of the Hindu Marriage Act, 1955 deals with the rights and welfare of children of the parties to a marriage during or after legal proceedings such as divorce, judicial separation, or nullity. It empowers the court to make suitable orders regarding the custody, maintenance, and education of minor children in accordance with the welfare of the child, which is the paramount consideration.

Text of Section 26 – Custody of children:

“In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance, and education of minor children, consistently with their wishes (wherever possible), and may, after the decree, upon application by petition for the purpose, make from time to time all such orders and provisions with respect to the custody, maintenance, and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending.”

Key Features of Section 26:

Applicability:
- Applies only to minor children (i.e., below 18 years).
- Operates during the pendency of legal proceedings or even after the decree.
Scope:
- Orders can be passed for:
  - Custody
  - Maintenance
  - Education
- The provision is applicable in any matrimonial proceeding under the Act.
Interim and Final Orders:
- Court may make interim orders during the proceeding.
- Can also modify or pass fresh orders after the decree.
Best Interest of the Child:
- Welfare of the child is the paramount consideration, overriding the legal rights of parents.
Modification and Enforcement:
- Orders are subject to modification on change of circumstances.
- Non-compliance can lead to execution proceedings or contempt of court.

Factors Considered by Court:

Welfare and best interest of the child
Age and gender of the child
Wishes of the child (if old enough to express)
Financial status of parents
Character and conduct of the parties
Health, education, and emotional needs of the child
Comfort, security, and moral upbringing

Case Laws:

Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42
- Held: Welfare of the minor child is paramount. The father may have a legal right, but it is subservient to the child’s best interest.
Roxann Sharma v. Arun Sharma (2015) 8 SCC 318
- Supreme Court granted custody of a minor child to the mother. It emphasized that the custody should not be mechanical but based on child’s welfare.
J.V. Govindaraj v. State of Tamil Nadu (1997) 6 SCC 78
- The court held that interim custody could be modified later depending on the changing needs and welfare of the child.
Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511
- In a matrimonial dispute involving cruelty, the child’s welfare became central in determining custodial rights.

Difference Between Custody and Guardianship:

Custody	Guardianship
Deals with physical possession and day-to-day care	Involves legal authority over the child
Decided under matrimonial law	Decided under Guardians and Wards Act or personal law
Temporary and revisable	More stable and long-term

Conclusion:

Section 26 of the Hindu Marriage Act, 1955 plays a crucial role in safeguarding the rights of minor children amidst matrimonial disputes. The guiding principle is always the welfare and best interests of the child, which surpasses the personal rights or interests of either parent. The courts exercise wide discretion under this provision to ensure that minor children do not suffer due to the breakdown of the marriage.

8. Discuss the legal status of live-in relationships in India with special reference to the rights of partners, particularly the right of maintenance under Indian law.

Introduction to Live-in Relationship

A live-in relationship refers to a domestic arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. Though not formally recognized as a marriage, live-in relationships have gained judicial recognition in India due to evolving societal norms and interpretations of law.

Legal Status of Live-in Relationships in India

There is no specific legislation governing live-in relationships in India. However, various judgments by the Supreme Court and High Courts have granted such relationships legal recognition under certain circumstances:

Not Illegal or Immoral: In Khushboo v. Kanaimmal (2010), the Supreme Court held that a live-in relationship between two consenting adults is not illegal or unlawful.
Presumption of Marriage: In Badri Prasad v. Dy. Director of Consolidation (1978), the Supreme Court recognized a 50-year live-in relationship as a valid marriage, creating a presumption of marriage under Section 114 of the Indian Evidence Act.
Domestic Relationship under PWDV Act: The Protection of Women from Domestic Violence Act, 2005 (PWDVA) includes women in a “relationship in the nature of marriage,” thus extending legal remedies (like maintenance, protection, and residence rights) to partners in a live-in relationship.

Right of Maintenance in Live-in Relationships

Though the Hindu Marriage Act, 1955 applies strictly to “spouses,” the courts have creatively interpreted maintenance rights for women in live-in relationships through Section 125 of the Criminal Procedure Code, 1973 and the PWDVA, 2005.

A. Under Section 125 CrPC:

In Chanmuniya v. Virendra Kumar Singh Kushwaha (2011), the Supreme Court held that a woman living in a relationship akin to marriage is entitled to maintenance under Section 125 CrPC.
The court emphasized the need to protect women from destitution, regardless of marital status.

B. Under Protection of Women from Domestic Violence Act, 2005:

Section 2(f) defines a “domestic relationship” to include live-in relationships “in the nature of marriage.”
Section 20 provides that maintenance may be granted to an aggrieved woman.
In D. Velusamy v. D. Patchaiammal (2010), the Supreme Court laid down five essential conditions to consider a live-in relationship as being in the “nature of marriage”:
1. The couple must hold themselves out to society as being akin to spouses.
2. They must be of legal age to marry.
3. They must be otherwise qualified to enter into a legal marriage.
4. They must have voluntarily cohabited for a significant period.
5. There must be mutual dependence, shared household, and financial/emotional support.

Rights of Children from Live-in Relationships

The Supreme Court in Tulsa & Ors. v. Durghatiya & Ors. (2008) held that children born from live-in relationships are not illegitimate if their parents lived together for a long period.
Such children are entitled to inheritance rights under Hindu Succession Act, 1956 and other applicable laws.

Challenges and Criticism

No statutory framework yet: The lack of legislation results in inconsistent judicial interpretations.
Women’s rights depend heavily on satisfying the test laid down in D. Velusamy, making enforcement difficult.
Social stigma and lack of awareness among affected women.

Conclusion

Live-in relationships are increasingly recognized by Indian courts, especially in the context of protecting women and children. While the right to maintenance has been judicially accepted under CrPC and the PWDV Act, there remains an urgent need for a comprehensive law to uniformly regulate the rights and obligations arising out of such relationships. The judiciary has played a progressive role, but legislative clarity is still lacking.

Key Case Laws to Remember:

Khushboo v. Kanaimmal (2010)
Badri Prasad v. Dy. Director of Consolidation (1978)
Chanmuniya v. Virendra Kumar (2011)
D. Velusamy v. D. Patchaiammal (2010)
Tulsa v. Durghatiya (2008)

9. Discuss the main provisions of the Hindu Adoption and Maintenance Act, 1956 regarding the law of adoption, maintenance of dependents, and maintenance of wife, widowed daughter-in-law, and children. Also explain the rules regarding maintenance of parents.

The Hindu Adoption and Maintenance Act, 1956 (HAMA) is a part of the Hindu Code Bills, enacted to amend and codify the laws relating to adoption and maintenance among Hindus. It applies to Hindus, Buddhists, Jains, and Sikhs, and governs the legal procedure of adoption and rules of maintenance for dependents and family members.

I. LAW OF ADOPTION (Sections 6 to 17)

A. Who Can Adopt (Section 7 & 8):

A Hindu male of sound mind, who is not a minor, can adopt with the consent of his wife, unless she is dead, has renounced the world, ceased to be a Hindu, or has been declared insane.
A Hindu female, who is unmarried, or if married, whose husband is dead, renounced the world, ceased to be Hindu, or declared insane, can adopt.

B. Who Can Be Adopted (Section 10):

The child must be:
- Hindu by religion,
- Not already adopted,
- Unmarried (unless custom allows otherwise),
- Under the age of 15 years (unless there is a custom permitting adoption of an older child).

C. Valid Adoption Conditions (Section 6):

Legal capacity of adopter and adoptee.
Actual giving and taking of the child.
Intention of transferring the child from biological to adoptive family.

D. Other Important Rules:

Gender Rule (Section 11):
- If a male adopts a son, he must not have a living Hindu son, grandson, or great-grandson.
- If a female adopts a daughter, she must not have a living Hindu daughter or granddaughter.
Effect of Adoption (Section 12):
- Adopted child gets all rights and liabilities of a biological child.
Prohibition of Certain Adoptions (Section 17):
- Adoptions contrary to the act or custom are void.

II. LAW OF MAINTENANCE (Sections 18 to 28)

A. Maintenance of Wife (Section 18):

A Hindu wife is entitled to be maintained by her husband during her lifetime.

Even if living separately, she is entitled to maintenance if the husband is guilty of:
- Desertion
- Cruelty
- Bigamy
- Conversion to another religion
- Having a concubine or cohabiting with another woman
However, she is not entitled if:
- She ceases to be a Hindu,
- She is unchaste.

B. Maintenance of Widowed Daughter-in-law (Section 19):

Entitled to maintenance from her father-in-law, if:
- She has no means,
- She is unable to maintain herself,
- She has not remarried.

C. Maintenance of Children and Aged Parents (Section 20):

Children (legitimate or illegitimate) are entitled to maintenance from parents until majority.
Parents (father or mother) are entitled to be maintained by their son or daughter if they are unable to maintain themselves.

D. Maintenance of Dependents (Section 22):

Certain relatives of a deceased Hindu are entitled to maintenance from the estate of the deceased if they were dependent on him.

E. Amount of Maintenance (Section 23):

Court considers:

Position and status of the parties,
Reasonable wants of the claimant,
Income and property of the claimant and non-claimant,
Number of dependents,
Custom of the family.

F. Alteration and Cessation (Section 25):

Maintenance may be altered based on change in circumstances.
Ceases on remarriage of widow or unchastity of wife or widowed daughter-in-law.

Case Laws:

Kumar Sursen v. State of Bihar (2008) – SC upheld that adoption transfers all legal rights to the adoptive family.
Kirtikant D. Vadodaria v. State of Gujarat (1996) – Maintenance is a personal obligation arising out of the status of the relationship.
Savitaben Somabhai Bhatiya v. State of Gujarat (2005) – A woman in a live-in relationship is not entitled to maintenance under Section 125 CrPC unless marriage is proven.

Conclusion:

The Hindu Adoption and Maintenance Act, 1956 plays a crucial role in regulating the social responsibilities of Hindus. It ensures that orphans find legal families through valid adoption and secures the financial support of wives, children, widowed daughters-in-law, and dependent parents through maintenance provisions. The Act balances personal law with constitutional ideals of social justice and gender equality.