FAMILY LAW – PART A
SAQ 26 – 30 (Each Question Carries 4 Marks – Attempt All)
Q26. Explain Inter-Country Adoption.
Answer:
Inter-country adoption means adoption of a child from one country by adoptive parents residing in another country.
In India, such adoptions are regulated under the Juvenile Justice (Care and Protection of Children) Act, 2015 and guidelines issued by CARA (Central Adoption Resource Authority).
The main objective is to ensure the welfare, safety and best interests of the child. It is permitted only when no suitable Indian family is available for adoption.
Strict procedures are followed, including home study reports, background verification, court approval and monitoring after adoption.
Example:
An NRI couple adopting an orphan child from India through CARA procedure.
Law Related:
✔ Juvenile Justice Act, 2015 & CARA Guidelines.
Simple Explanation: Adoption of a child by parents living in another country under legal safeguards.
Q27. Explain Ceremonies of Hindu Marriage.
Answer:
A Hindu marriage is valid only when it is performed according to customary rites and ceremonies of either party.
The most important ceremony is Saptapadi (seven steps around the sacred fire). When the bride and groom take seven steps together, the marriage becomes complete and binding.
Other rituals may include Kanyadaan, Homa and Panigrahana, depending on custom.
Without proper ceremonies, the marriage may be considered invalid.
Example:
If a couple performs Saptapadi before the sacred fire, their marriage becomes legally valid.
Section Related:
✔ Section 7 – Hindu Marriage Act, 1955.
Simple Explanation: Hindu marriage becomes valid when customary rituals like Saptapadi are performed.
Q28. Explain Desertion.
Answer:
Desertion means intentional permanent abandonment of one spouse by the other without reasonable cause and without consent.
It is a ground for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955.
Two essential elements are:
• Factum of separation (physical separation).
• Animus deserendi (intention to desert).
The desertion must continue for at least two years before filing a divorce petition.
Example:
If a husband leaves his wife without reason and does not return for more than two years, it amounts to desertion.
Section Related:
✔ Section 13(1)(ib) – Hindu Marriage Act, 1955.
Simple Explanation: Leaving a spouse permanently without valid reason.
Q29. Explain Eligibility to Adopt.
Answer:
Under the Hindu Adoption and Maintenance Act, 1956, a person must fulfil certain conditions to adopt a child.
A Hindu male or female who is major and of sound mind can adopt.
If a married male adopts, consent of the wife is necessary unless she is of unsound mind, has renounced the world, or ceased to be Hindu.
The adoptive parent must not already have a child of the same gender (in certain conditions under HAMA).
Example:
A Hindu couple without a daughter may legally adopt a girl child following proper legal procedure.
Section Related:
✔ Sections 7 & 8 – Hindu Adoption and Maintenance Act, 1956.
Simple Explanation: Only a major Hindu of sound mind fulfilling legal conditions can adopt.
Q30. Explain Marriage Officer.
Answer:
A Marriage Officer is a person appointed by the State Government under the Special Marriage Act, 1954 to solemnize and register marriages.
The Marriage Officer verifies documents, publishes notice of intended marriage, and ensures that legal conditions are fulfilled.
After completion of formalities and solemnization, the Marriage Officer enters the details in the Marriage Certificate Book and issues a certificate.
The marriage certificate signed by the Marriage Officer is conclusive proof of marriage.
Example:
A couple marrying under the Special Marriage Act appears before the Marriage Officer for registration.
Section Related:
✔ Special Marriage Act, 1954.
Simple Explanation: Government officer who legally solemnizes and registers marriages.