FAMILY LAW – PART A
SAQ 6 – 10 (Important Short Notes with Examples)
Q6. Explain Adoption.
Answer:
Adoption is the legal process by which a child is permanently taken as the lawful child of another person.
Under the Hindu Adoption and Maintenance Act, 1956, an adopted child gets the same rights as a natural-born child, including inheritance rights.
Essential conditions:
• Adoptive parent must be Hindu, major and of sound mind.
• Consent of spouse is required if married.
• The child must be capable of being adopted.
• Only one child of the same gender can be adopted if there is already a living child of that gender.
After valid adoption, all ties with the biological family are severed and the child becomes a member of the adoptive family.
Example:
A Hindu couple adopts a girl legally. She becomes their lawful daughter and can inherit their property.
✔ Hindu Adoption and Maintenance Act, 1956.
Simple Explanation: Adoption means legally taking a child as your own with full rights.
Q7. Explain Joint Family.
Answer:
A Joint Hindu Family consists of persons descended from a common ancestor along with their wives and unmarried daughters.
Under Mitakshara law, coparceners acquire interest in ancestral property by birth.
The head of the family is called the Karta, who manages the affairs and property of the family.
The joint family continues until partition is demanded and legally effected.
Example:
A grandfather, his sons and grandsons living together and sharing ancestral land form a joint family.
✔ Key Feature: Unity of possession and common ownership.
Simple Explanation: Family living together with common ancestral property.
Q8. Explain Dayabhaga School.
Answer:
Dayabhaga is a school of Hindu Law mainly followed in West Bengal and Assam.
Under this school, sons do not get rights in ancestral property by birth. The father remains absolute owner during his lifetime.
Property devolves by succession after the father's death, not by survivorship.
Example:
A son under Dayabhaga cannot demand partition while the father is alive.
✔ Important Feature: No birthright in property.
Simple Explanation: Rights arise only after father's death.
Q9. Explain Void Marriage.
Answer:
A void marriage is a marriage which is null and invalid from the beginning (void ab initio). It has no legal existence.
Under Section 11 of the Hindu Marriage Act, 1955, a marriage is void if:
• Either party has a living spouse (bigamy).
• Parties are within prohibited degrees of relationship.
• Parties are sapindas of each other (unless custom permits).
Such marriage can be declared null by the court through a decree of nullity.
Effects:
• No valid marital status arises.
• Children born are considered legitimate under Section 16.
Example:
If a married man marries again while his wife is alive, the second marriage is void.
✔ Sections 11 & 16 – Hindu Marriage Act, 1955.
Simple Explanation: Marriage that is legally invalid from the beginning.
Q10. Explain Registration of Marriage.
Answer:
Registration of marriage means official recording of marriage by a competent authority to provide legal proof.
Under the Hindu Marriage Act and Special Marriage Act, marriages may be registered before the Marriage Registrar.
Though not mandatory for validity of a Hindu marriage, courts recommend registration to prevent fraud and disputes.
Advantages:
• Documentary proof of marriage.
• Useful for passport, visa and legal claims.
• Protects rights of wife and children.
Example:
A couple registers their marriage and receives a certificate used for visa application.
✔ Provides legal security and evidentiary value.
Simple Explanation: Official recording of marriage for legal proof.