CLAT PG Family Law Syllabus

Family Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Family Law in CLAT PG, not a summary of it.

1. 1

   Hindu Marriage Act

   2 topics

   • Conditions for Marriage
   • Grounds for Divorce
2. 2

   Special Marriage Act

   2 topics

   • Conditions for Marriage
   • Grounds for Divorce
3. 3

   Hindu Adoption and Maintenance Act

   2 topics

   • Conditions for Adoption
   • Maintenance of Wife, Children, Parents
4. 4

   Hindu Succession Act

   2 topics

   • Intestate Succession
   • Testamentary Succession

Family Law flashcards for CLAT PG

22 of 51 cards from the Family Law deck — real questions with worked answers.

1. Under Section 5 of the Hindu Marriage Act, 1955, what is the minimum age for a valid marriage for the bridegroom and the bride?

   The bridegroom must have completed 21 years and the bride must have completed 18 years of age at the time of marriage.

2. What does the condition of monogamy under Section 5(i) of the Hindu Marriage Act require?

   Neither party should have a living spouse at the time of marriage; a bigamous marriage is void and punishable under Sections 494/495 IPC.

3. What mental capacity conditions are laid down in Section 5(ii) of the Hindu Marriage Act, 1955?

   At marriage, neither party should be (a) incapable of giving valid consent due to unsoundness of mind, (b) though capable, suffering from a mental disorder making them unfit for marriage and procreation, or (c) subject to recurrent attacks of insanity.

4. What is the condition regarding 'sapinda' relationship under the Hindu Marriage Act?

   The parties must not be sapindas of each other unless a custom or usage governing each permits such a marriage (Section 5(v)).

5. What is the condition regarding 'prohibited degrees of relationship' under the Hindu Marriage Act?

   The parties must not be within the degrees of prohibited relationship unless a custom or usage governing each permits such a marriage (Section 5(iv)).

6. What is the effect of contravening the age condition (Section 5(iii)) of the Hindu Marriage Act on the validity of the marriage?

   The marriage remains valid (neither void nor voidable); it only attracts penal consequences under Section 18 and the Prohibition of Child Marriage Act, 2006.

7. Which conditions of a Hindu marriage, if contravened, render the marriage void under Section 11 of the Hindu Marriage Act?

   Contravention of Section 5(i) (bigamy), 5(iv) (prohibited degrees), and 5(v) (sapinda relationship) makes the marriage void.

8. What is the meaning of 'sapinda relationship' under Section 3(f) of the Hindu Marriage Act?

   Sapinda relationship extends as far as the third generation (inclusive) through the mother and the fifth generation (inclusive) through the father, counting from the person concerned as the first generation.

9. Are ceremonies essential for a valid Hindu marriage, and what does Section 7 provide?

   Yes; a Hindu marriage may be solemnized in accordance with the customary rites of either party, and where saptapadi (seven steps) is included, the marriage becomes complete and binding on the seventh step.

10. What are the conditions for a valid marriage under the Special Marriage Act, 1954?

    No living spouse; capacity to consent (sound mind); bridegroom 21 and bride 18; not within prohibited degrees (unless custom permits); a 30-day notice and registration before the Marriage Officer.

11. List the fault grounds for divorce available to BOTH spouses under Section 13(1) of the Hindu Marriage Act.

    Adultery, cruelty, desertion (2+ years), conversion to another religion, unsoundness of mind/mental disorder, virulent and incurable leprosy (now omitted), venereal disease, renunciation of the world, and presumption of death (not heard of for 7 years).

12. What additional grounds for divorce are available ONLY to the wife under Section 13(2) of the Hindu Marriage Act?

    (1) Husband has another living wife from before the Act; (2) husband guilty of rape, sodomy or bestiality; (3) non-resumption of cohabitation for 1 year after a maintenance order/decree; (4) wife was married before 15 and repudiated the marriage between 15 and 18.

13. What is the statutory period of desertion required as a ground for divorce under the Hindu Marriage Act?

    Desertion for a continuous period of at least two years immediately preceding the presentation of the petition.

14. What are the essential elements of 'desertion' as a ground for divorce?

    Two elements for the deserting spouse — (1) factum of separation and (2) animus deserendi (intention to permanently end cohabitation); and for the deserted spouse — absence of consent and absence of conduct giving reasonable cause to leave.

15. What are the requirements of Section 13B (divorce by mutual consent) under the Hindu Marriage Act?

    Parties must have lived separately for one year or more, be unable to live together, and have mutually agreed to dissolve the marriage; a joint petition is followed by a motion after 6 months but within 18 months.

16. Can the 6-month 'cooling-off' period under Section 13B(2) be waived, and by which authority?

    Yes; the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held the 6-month period is directory, not mandatory, and can be waived by the court in appropriate cases.

17. What is the irretrievable breakdown of marriage as a ground for divorce in India?

    It is not a statutory ground under the Hindu Marriage Act, but the Supreme Court can grant divorce on this basis using its powers under Article 142 of the Constitution (e.g., Shilpa Sailesh v. Varun Sreenivasan, 2023).

18. How has the legal status of adultery as a ground for divorce been affected by Joseph Shine v. Union of India (2018)?

    Adultery was decriminalized (Section 497 IPC struck down) but it remains a valid civil ground for divorce and judicial separation under matrimonial laws.

19. What is the difference between a void and a voidable marriage under the Hindu Marriage Act?

    A void marriage (Section 11) is null from the start and needs no decree; a voidable marriage (Section 12) is valid until annulled by a decree at the option of the aggrieved party.

20. On what grounds may a Hindu marriage be annulled as voidable under Section 12 of the Hindu Marriage Act?

    (a) Impotence/non-consummation; (b) contravention of mental-capacity condition under Section 5(ii); (c) consent obtained by force or fraud; (d) respondent wife was pregnant by another person at the time of marriage.

21. Who is capable of taking a child in adoption under the Hindu Adoptions and Maintenance Act, 1956?

    Any Hindu male or female who is of sound mind, a major, and not a minor; a married person needs the consent of the spouse (unless the spouse has renounced the world, ceased to be Hindu, or is of unsound mind).

22. What is the condition regarding existing children when adopting a son or daughter under the HAMA, 1956?

    If adopting a son, the adopter must not already have a Hindu son, son's son or son's son's son living; if adopting a daughter, the adopter must not already have a Hindu daughter or son's daughter living.

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