family law hindu law

 FAMILY LAW

1.       If parties to a hindu marriage are SAPINDA to each other, the marriage is  VOID SEC 11 HMA , THREE conditions, sapinda, bigamy, prohibitive degree related , the marriage is VOID

2.       CHILDREN born to annulled voidable marriages or void marriages under sec 11, 12 of HMA, they are legitimate children but they can get proprety of onoly their parents and not relatives

3.       Hindu dies , made A will before death, succession applies INDIAN SUCCESSION ACT. NOT HINDU SUCCESSION ACT.

4.       RELIEFS PROVIDED BY HMA sec 24 : maintenance pendente lite; expenses of proceedings; permanent alimony; and maintenance

5.       Maintenance pendente lite and litigation expenses are payable from date of application in divorce procedings HMA not from date of divorce petition

6.       Family courts act does not apply to divorce and marriage and not adoption

7.       Hindu succession act mentions, four classes , class I , ii , agnates, cognates are  types of heir of hindu male

8.       Sec 8 [ hindu male] of hindu succession act, who will rank first as a heir,  widow equals mother widow of predeceased son are equal class I heirs

9.       Succession in case of hindu female is governed by sec 15 Hindua succession act

10.   Hindu male or female under hindu adoptions and maintenance act can have both adopted son and a adopted daughter

11.   Conditions for valid marriage are covered under sec 5 of HMA : five clauses , bigamy, consent, age, prohibited degree of relations , sapinda

12.   Disqualification from inheritance on ground of murder who is victim sec 25 hindu succession act .

13.   Dower in muslim law is not dowry, obligation on husband as respect for wife, it is not sale price of woman ,, it is a consideration in a marriage which ius contract in muslim marriage

14.   Under sec 18-2, hindu adop[tion maintenance act a wife is entitled to a separate residence and maintenance, if the husband is guilty of desertion, cruelty, and /or conversion,

15.   A muslim male A says in the presence of X and Y , IHAVE MARRIED MYSELF TO B, WHO IS NOT PRESENT, ON RECEIVING THE INFORMATION B SAYS I HAVE ACCEPTED IT, IT MEANS NIKAAH  IS NOT COMPLETED AS BOTH OFFER NAD ACCEPTANCE HAVE NOT BEEN MADE AT THE SAME TIME AND SAME PLACE .

16.   A MUSLIM MALE CANNOT MARRY WIFE MOTHER, SON WIFE, FOSTER SISTER. RELATION THROUGH MARRIAGE, RELATION THROUGH BLOOD, FOSTERAGE CANNOT MARRY.

17.   LAKSHMI AND RAM married under special marriage act, RAM died leaving Lakshmi behind, his mother, his son and a daughter  the intestate and Testamentary succession to his property would be governed by  NO WILL-   hindu succession act , ; with will - testamentary succession  under Indian succession act

18.   A gift for  consideration under muslim law is called   HIBA JUST GIFT, HIBA  BIL IWAAZ , PAST CONSIDERATION

19.   WHICH ACT DOES NOT CONTAIN PROVISION FOR MAINTENANCE MUSLIM WOMEN PROTECTION OF RIGHTS ON MARRIAGE ACT – TRIPLE TALAQ ACT .

20.   Prohibition of child marriage act has provision relating to maintenance

21.   Special marriage act has provisoin for maintenance

22.   Parsi marriage and divorce act has provison for maintenance

23.    

Comments

Post a Comment

Popular posts from this blog

aibe 19

  1.  REGISTEREDD SOCIETY IS AUTHORITY FOR ARTICLE 12 AJAY HASIA V KHALID MUJIB CASE 2.  FUNDAMENTAL RIGHTS CANNOT BE WAIVED  ART 13 DOCTRINE OF WAIVER a.  BASESWAR NATH V IT COMMISSIONER 3.  Constitutional amendment was clause 4b inserted in article 16 a.  81 4.  106 constitutional amendment a.  238AA, women reservation b.  334A added giving women reservation after first censurs after 2023 for 15 years 5.  Sec 3, sec 6, sec 10 , sec 10 doctrine of severability was removed as unconstitutional 6.  Reports of CAG arelating to accounts of state submitted  151 arti to governer 7.  SC court of record art 129 8.  Parliament powers immunities art 105 9.  CAA gst 101 INTRODUCED 10.  IMPEACH PRESIDENT INDEX ART 61EITHER HOUSE OF PARTLIAMENT 11.  FORCE TO BE CRIMINAL FORCE BNS WITOUT CONSENT CAUSE INJURY CREATE ANNOY , FEAR 12.  Bns max fine for using duplicate currency mote bank note  182-1 three ...
Read more

PGLCET MCQ

 LABOUR HOW MANY LABOUR LAWS CONSOLIDATED INTO FOUR LABOUR CODES = 29 ACTS NOW FOUR CODES  CODE ON WAGES,  INDUSTRIAL RELATIONS CODE CODE ON SOCIAL SECURITY OCCUPATIONAL SAFETRY HEALTH AND WORKING CONDITIONS CODE  SOCIAL SECURITY CODE REPEALS ESI, MATERNITY BENEFIT , PAYMENT OF GRATUITY ACT AND DOES NOT REPEAL FACTORIES ACT [ GOES INTO OCCUPATION CODE ] RETRENCHMENT ON INDUSTRIAL DISPUTES ACT  = TERMINATION BY EMPLOYER OF SERVICES OF WORKMAN, LACK OF WORK BECAUSE OF BUSINESS REASONS , EXCEPT DISCIPLINARY ACTION , VOLUNTARY RETIREMENT, RETIREMENT BY SUPERANNUATION  CESSATON OF WORK BY EMPLOYEES IS STRIKE  NOTICE OF 14 DAYS NOTICE FOR STRIKE  WORKMAN UNDER INDUSTRIAL DISP;UTES ACT DOES NOT INCLUDE ADMN WORK TRADE UNION REGISTRATION NEEDS MIN WORKMEN IS SEVEN 7, UNDER SEC 4 OF TRADE UNION ACT  UNFAIR LABOR PRACTICES IS IN INDUSTRIAL DISPUTES ACT  MATERNITY BENEFIT ACT ENSURES MANDATORY CRECHE FACILITY IN  ALL FIRMS WITH 50 WORKERS...
Read more

AIBE 18 SOLVED

 FREEDOM AND TRADE FREEDOM 19.1.G TAKEN FROM AUSTRALIA  WRIT TO ENFORCE PUBLIC DUTY MANDAMUS  WRIT 32 SC 226 HC WRIT IS CONSTITUTIONAL REMEDY KHINDI TRANSLATION OF COI  ART 394A - 58 AMENDMENT 1987 COLOURABLE LEGISLATION CASE BIHAR V KAMESWAR SINGH - WHAT YOU CANNOT DIRECTLY YOU CANNOT DO INDIRECTLY , ART 246 LAW MAKING POWERS BERU BARI CASE ADVISORY OPINION RESULTED IN AMENDMENT 9TH AMENDMENT 1960 7TH YEAR 7 AMENDMENT REMOVED 7 PART REMOVED , 1956 REQPUGNANCY BETWEEN CENTER AND STATE = ART 254 CONCURRENT LIST LEGISLATION ENGLISH TO HINDI PERIOD TO CHANGE OFFICAIL LANGUAGE OF UNION -15 YEARS  
Read more