Marriage in Hindu Law for CLAT - Practice Questions & MCQ

Read the following passage and answer the question.
Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers a status of husband and wife on parties of the marriage, and a status of legitimacy on the children of the marriage. For a valid marriage, in most systems of law, two conditions are necessary: (a) parties must have the capacity to marry, and (b) they must undergo the necessary ceremonies and rites of marriage. In some ancient communities, both requirements were nominal. Performance of certain shastric ceremonies is still necessary for a valid Hindu marriage. If the parties to the marriage have undergone the necessary ceremonies of marriage, they cannot be heard to say that they merely intended to be a man and a concubine. If requisite ceremonies are not performed, they cannot claim to be a husband and a wife whatever might have been their intention, unless some custom is invoked under which the performance of a ceremony is not necessary, or a presumption of law exists.
From ancient times to 1955, having more than one spouse was recognized in Hindu law. However, such a practice has been abolished and monogamy has been made a rule for all persons who are governed by the principles of the Hindu law. Monogamy means that one is permitted to have only one wife or one husband at a time. The provisions of the Hindu Marriage Act make a bigamous marriage void and makes it a penal offence for both Hindu males and females under the relevant provisions of the Indian Penal Code. It is not certain when the shastric limitation on marriages within certain degrees of generation came to be established. However, the Dharamshastras considered the sexual relationship with one’s mother, one’s sister, or one’s daughter, or even with one’s son’s wife as the highest sin. The prohibition of the sapinda relationship extended only to the third or fourth degree of kinship in ancient Hindu law. 
Question
Which of the following Hindu law jurist propounded the rule that a true wife must preserve her chastity as much after as before the death of her husband in Hindu law?

Read the following passage and answer the question.
Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers a status of husband and wife on parties of the marriage, and a status of legitimacy on the children of the marriage. For a valid marriage, in most systems of law, two conditions are necessary: (a) parties must have the capacity to marry, and (b) they must undergo the necessary ceremonies and rites of marriage. In some ancient communities, both requirements were nominal. Performance of certain shastric ceremonies is still necessary for a valid Hindu marriage. If the parties to the marriage have undergone the necessary ceremonies of marriage, they cannot be heard to say that they merely intended to be a man and a concubine. If requisite ceremonies are not performed, they cannot claim to be a husband and a wife whatever might have been their intention, unless some custom is invoked under which the performance of a ceremony is not necessary, or a presumption of law exists.
From ancient times to 1955, having more than one spouse was recognized in Hindu law. However, such a practice has been abolished and monogamy has been made a rule for all persons who are governed by the principles of the Hindu law. Monogamy means that one is permitted to have only one wife or one husband at a time. The provisions of the Hindu Marriage Act make a bigamous marriage void and makes it a penal offence for both Hindu males and females under the relevant provisions of the Indian Penal Code. It is not certain when the shastric limitation on marriages within certain degrees of generation came to be established. However, the Dharamshastras considered the sexual relationship with one’s mother, one’s sister, or one’s daughter, or even with one’s son’s wife as the highest sin. The prohibition of the sapinda relationship extended only to the third or fourth degree of kinship in ancient Hindu law. 
Question
Which of the following concept was not recognized by the Hindu law of marriage?

Read the following passage and answer the question.
Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers a status of husband and wife on parties of the marriage, and a status of legitimacy on the children of the marriage. For a valid marriage, in most systems of law, two conditions are necessary: (a) parties must have the capacity to marry, and (b) they must undergo the necessary ceremonies and rites of marriage. In some ancient communities, both requirements were nominal. Performance of certain shastric ceremonies is still necessary for a valid Hindu marriage. If the parties to the marriage have undergone the necessary ceremonies of marriage, they cannot be heard to say that they merely intended to be a man and a concubine. If requisite ceremonies are not performed, they cannot claim to be a husband and a wife whatever might have been their intention, unless some custom is invoked under which the performance of a ceremony is not necessary, or a presumption of law exists.
From ancient times to 1955, having more than one spouse was recognized in Hindu law. However, such a practice has been abolished and monogamy has been made a rule for all persons who are governed by the principles of the Hindu law. Monogamy means that one is permitted to have only one wife or one husband at a time. The provisions of the Hindu Marriage Act make a bigamous marriage void and makes it a penal offence for both Hindu males and females under the relevant provisions of the Indian Penal Code. It is not certain when the shastric limitation on marriages within certain degrees of generation came to be established. However, the Dharamshastras considered the sexual relationship with one’s mother, one’s sister, or one’s daughter, or even with one’s son’s wife as the highest sin. The prohibition of the sapinda relationship extended only to the third or fourth degree of kinship in ancient Hindu law. 
Question
The prohibition of a sapinda relationship in a Hindu marriage is based on which of the following rules prescribed under Hindu law?

Passage 

Read the following passage and answer the question

Section 5 of the Hindu Marriage Act, 1955, says the conditions for a Hindu marriage; a marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely: (1) neither has a party living with the spouse at the time of marriage; (2)At the time of the marriage, neither party,-(a) Is incapable of giving valid consent, to it in consequence of unsoundness of mind; or, (b) Though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or(c) Has been subject to recurrent attacks of insanity. (3) The bridegroom has completed the age of twenty-one years and the bride the age of completed eighteen years at the time of marriage;(4)The parties are not within the decrees of prohibited relationship unless the custom permits the marriage;(5)The parties are not Sapindas of each other unless the custom or usage permits the marriage between two;

Marriage solemnised between the two Hindus, anyone already married subsequent marriage was void. The two parties should not be married at the time of marriage. The parties were unsound minds at the time of marriage, the marriage was void. The party was of sound mind, but the party was affected by any recurrent attacks or unfit for the procreation of a child in this marriage also not considered a valid marriage. The bridegroom was a complete age of 21 and the bride was a complete age of 18 after only fixing the marriage.

Conditions for Voidable Marriage under Hindu law, according to Section 12 are: (1) As to impotence;- under old clause (a), a decree of nullity on the ground of impotence, it had shown that the disability was existing from the time of marriage onward. But, now this provision was omitted. The fact of the non-consummation of the marriage owes to the respondent’s impotence is all that needs to be proved under the amendment clause. It was the most advanced provision. (2) That the marriage was in contravention of the condition specified in clause (ii) of section 5; (3) The consent to the marriage has been obtained from force or fraud. (4). The respondent was pregnant at the time of marriage by some other person other than the petitioner.

Question

K is a Hindu priest, who was first to marry a Hindu girl, thereafter, he came to know that the Islamic religion allows four marriages. Then he converted to Islam and married to an Islamic girl. He thinks now he was Muslim and also applies the Muslim law only. Determine the legality of marriages.

Passage 

Read the following passage and answer the question

Section 5 of the Hindu Marriage Act, 1955, says the conditions for a Hindu marriage; a marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely: (1) neither has a party living with the spouse at the time of marriage; (2)At the time of the marriage, neither party,-(a) Is incapable of giving valid consent, to it in consequence of unsoundness of mind; or, (b) Though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or(c) Has been subject to recurrent attacks of insanity. (3) The bridegroom has completed the age of twenty-one years and the bride the age of completed eighteen years at the time of marriage;(4)The parties are not within the decrees of prohibited relationship unless the custom permits the marriage;(5)The parties are not Sapindas of each other unless the custom or usage permits the marriage between two;

Marriage solemnised between the two Hindus, anyone already married subsequent marriage was void. The two parties should not be married at the time of marriage. The parties were unsound minds at the time of marriage, the marriage was void. The party was of sound mind, but the party was affected by any recurrent attacks or unfit for the procreation of a child in this marriage also not considered a valid marriage. The bridegroom was a complete age of 21 and the bride was a complete age of 18 after only fixing the marriage.

Conditions for Voidable Marriage under Hindu law, according to Section 12 are: (1) As to impotence;- under old clause (a), a decree of nullity on the ground of impotence, it had shown that the disability was existing from the time of marriage onward. But, now this provision was omitted. The fact of the non-consummation of the marriage owes to the respondent’s impotence is all that needs to be proved under the amendment clause. It was the most advanced provision. (2) That the marriage was in contravention of the condition specified in clause (ii) of section 5; (3) The consent to the marriage has been obtained from force or fraud. (4). The respondent was pregnant at the time of marriage by some other person other than the petitioner.

Question

Sumit runs a shop in Hanuman Gali, Jaipur. In his community, there is a tradition of marriage at an early age. His parents married him at the age of 21 but Sakshi, his wife, is at the age of 17. According to the provisions of the Hindu Marriage Act, ascertain the status of their marriage.

Read the given passage and answer question that follow 

For obtaining the decree of divorce under the Hindu Marriage Act the following conditions must be satisfied. They are as follows: 

 if any person after the solemnization of marriage had voluntary intercourse with any person other than his or her spouse, then the other person can file a suit for divorce in a court of law. Cruelty is one of the main reasons of divorce among the parties to the marriage. Desertion means leaving the partner for a period of time without informing them about the reason of leaving. any person who has ceased to be a Hindu by converting to any other religion, after the solemnization of marriage,  any person who is of unsound mind and cannot possibly be cured or has been suffering continuously or temporarily from a mental disorder of such a kind and to such an extent, that it makes impossible for the other person to live peacefully. if one of the parties to the marriage is suffering from a virulent or incurable form of leprosy. if any of the parties to the marriage are suffering from a venereal disease which is communicable and that it puts a risk to the life of the other if any person has renounced the world by entering into a religious order, after the solemnization of marriage , thereby leaving the other party. if any person, after the solemnization of the marriage is not heard as of being alive for a period of seven years or more by those people who would have normally heard if that person was alive.

Question : A, a Hindu marries B her cousin and from that marriage, a child was born named C. Now C marries Z her cousin after 15 years of their marriage C files for divorce seeking illegal marriage, whether this marriage can be dissolved on this ground?