FAMILY LAW – PART A
SAQ 11 – 15 (Each Question Carries 4 Marks – Attempt All)
Q11. Explain Mutual Consent Divorce.
Answer:
Mutual consent divorce is a form of divorce where both husband and wife agree to dissolve the marriage peacefully. It avoids lengthy litigation and is based on free will of both parties.
It is provided under Section 13B of the Hindu Marriage Act, 1955.
Conditions:
• Parties must have lived separately for at least one year.
• They must mutually agree that marriage has broken down.
• They must file a joint petition before the court.
• Consent must be free and voluntary.
The process includes two motions. After the cooling-off period (normally six months), the court grants divorce if both parties still agree.
Example:
Husband and wife mutually decide they cannot live together and jointly apply for divorce.
Section Related:
✔ Section 13B – Hindu Marriage Act, 1955.
Simple Explanation: Divorce granted when both spouses agree.
Q12. Explain Coparcenary Property.
Answer:
Coparcenary property refers to ancestral property in which members acquire rights by birth under the Mitakshara school of Hindu law.
After the Hindu Succession (Amendment) Act, 2005, daughters are also coparceners by birth and have equal rights as sons.
Features:
• Right arises by birth.
• Every coparcener can demand partition.
• Unity of ownership until partition.
• Share changes with births and deaths.
Example:
A daughter can demand equal share in ancestral property along with her brother.
Section Related:
✔ Section 6 – Hindu Succession Act, 1956 (Amended 2005).
Simple Explanation: Ancestral property where children get rights by birth.
Q13. Explain Doctrine of Factum Valet.
Answer:
The doctrine of Factum Valet means “what ought not to have been done, if done, becomes valid.”
If an act is completed and the law does not expressly declare it void, it may still be treated as valid even if it was irregular.
This doctrine applies only when the act is prohibited but not declared void.
Example:
An irregular religious ceremony, once completed, may still remain valid if not declared void by law.
Simple Meaning:
✔ A completed act may remain valid if law does not declare it void.
Simple Explanation: If something is done wrongly but completed, it may still be valid.
Q14. Explain Pious Obligation.
Answer:
Pious obligation is a traditional Hindu law concept where sons had a moral and religious duty to repay their father’s lawful debts.
Under Mitakshara law, sons were liable to repay debts unless they were illegal or immoral.
After the Hindu Succession (Amendment) Act, 2005, this doctrine has been abolished for future debts.
Example:
If a father takes a lawful loan and dies, sons may repay it from ancestral property.
Section Related:
✔ Modified after 2005 Amendment.
Simple Explanation: Sons had a duty to repay father’s lawful debts.
Q15. Explain Mitakshara School.
Answer:
Mitakshara is one of the main schools of Hindu law followed in most parts of India.
Under Mitakshara:
• Property rights arise by birth.
• Coparcenary system exists.
• Any coparcener can demand partition.
• There is community of interest and unity of possession.
After the 2005 Amendment, daughters are also coparceners with equal rights.
Example:
A daughter can claim equal share in ancestral property.
Simple Meaning:
✔ Property rights arise by birth.
Simple Explanation: Under Mitakshara, children get property rights from birth.