UPES Integrated LLB Admissions 2025
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13 Questions around this concept.
In the landmark case of Danial Latifi v. Union of India (2001), the Supreme Court of India interpreted a provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Which of the following statements correctly encapsulates the apex court's ruling in this case?
Which of the following is NOT a reason for a wife to request a divorce under the Indian Divorce Act, 1869, which applies to Christians in India?
Which of the following claims about maintenance is true in the context of Indian Family Law?
Which of the following best exemplifies how personal laws interact with the aforementioned Constitutional Articles in the context of family law?
Introduction:
Grounds for Divorce:
Hindu Marriage Act, 1955:
Muslim Personal Laws:
Christian Marriage Act, 1872:
Special Marriage Act, 1954:
Divorce Procedures:
Constitutional Provisions:
Indian Divorce Act,1955
In 1869, a draft of the Indian Divorce Act was introduced into Indian law.
The process and laws surrounding divorce in India vary depending on the couple's culture. As previously mentioned, the Indian Divorce Act, 1869 governs divorce among Christians, the Hindu Marriage Act, 1955 governs it for Hindus, Buddhists, Sikhs, and Jains, the Dissolution of Muslim Marriages Act, 1939 governs it for Muslims, the Parsi Marriage and Divorce Act, 1936 governs it for Parsis, and the Special Marriage Act, 1956 governs it for civil and intercommunity marriages
1. Applicability:The Indian Divorce Act applies to marriages solemnized among Christians. It covers Indian Christians, as well as those who may not be of Indian origin but have married in India.
2. Grounds for Divorce:The Act provides specific grounds on which divorce can be sought, including adultery, cruelty, desertion for at least two years, conversion to another religion, unsoundness of mind, and venereal disease in a communicable form.
3. Jurisdiction:The Act provides for jurisdictional rules, specifying which court has the authority to hear divorce cases. The court should have jurisdiction in the place where the marriage was solemnized, where the respondent resides, or where the parties last resided together as a couple.
4. Maintenance and Alimony:The Act includes provisions for the maintenance and alimony of the spouse and children. The court can order the husband to provide maintenance for his wife and children.
5. Judicial Separation:The Act allows for judicial separation, which is a legal step before divorce. During judicial separation, the couple lives apart, but they remain married. If they choose to reconcile, they can revoke the separation.
6. Adultery and Cruelty:Adultery and cruelty are recognized as significant grounds for divorce under the Indian Divorce Act. Cruelty can be physical or mental abuse inflicted by one spouse upon the other.
7. Custody of Children:The Act addresses issues related to the custody and upbringing of children. The court considers the welfare of the child as the paramount consideration in determining custody.
8. Restrictions on Remarriage:The Act places certain restrictions on the remarriage of divorced parties. For instance, if a spouse has committed adultery or converted to another religion, the innocent party may not remarry unless the guilty party has died or has been missing for a significant period.
9. Procedures and Forms:The Act provides procedures for filing divorce petitions and outlines the required forms and documentation.
10. Amendments:Over the years, the Indian Divorce Act has undergone amendments to address contemporary issues and concerns. These amendments have sought to bring about changes in the Act in line with evolving societal norms.
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