CLAT PG Family Law Flashcards

24 sample cards from the Family Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Under Section 125 of the CrPC (now Section 144 BNSS), who can claim maintenance?

   A wife (unable to maintain herself), legitimate or illegitimate minor children, a major child unable to maintain itself due to physical/mental abnormality, and parents unable to maintain themselves.

2. Does 'wife' under Section 125 CrPC include a divorced woman?

   Yes; the Explanation to Section 125(1) includes a woman who has been divorced and has not remarried, so she can claim maintenance until remarriage.

3. On what grounds can a wife be denied maintenance under Section 125(4) CrPC?

   If she is living in adultery, refuses to live with her husband without sufficient reason, or if they are living separately by mutual consent.

4. What is the position on a Muslim divorced woman's right to maintenance after Shah Bano and the 1986 Act?

   In Shah Bano (1985) the SC held Section 125 CrPC applies; later cases (Danial Latifi, and Shahjahan, 2024) confirm a Muslim divorced woman can claim maintenance under Section 125 CrPC in addition to remedies under the 1986 Act.

5. What is the husband's maintenance obligation toward his wife under Section 18 of the HAMA, 1956?

   A Hindu wife is entitled to be maintained by her husband during her lifetime, and may live separately without forfeiting her claim on grounds like desertion, cruelty, bigamy, or the husband having a concubine.

6. What is the maintenance obligation toward aged parents and infirm children under Section 20 of the HAMA, 1956?

   A Hindu is bound to maintain his/her legitimate or illegitimate minor children and aged or infirm parents who are unable to maintain themselves; 'parent' includes a childless stepmother.

7. What is the difference between maintenance under Section 125 CrPC and under the HAMA?

   Section 125 CrPC is a secular, summary, quasi-criminal remedy to prevent vagrancy applicable to all; the HAMA is a civil personal-law remedy with wider grounds and higher quantum but slower civil-court procedure.

8. What is 'permanent alimony' under Section 25 of the Hindu Marriage Act?

   At the time of or after passing any decree, the court may order the respondent to pay the applicant maintenance as a gross sum or periodical payment, having regard to income and conduct; it can be varied, modified, or rescinded.

9. What is the meaning of 'intestate succession'?

   Succession to the property of a person who dies without making a valid will (intestate); the property devolves according to the rules of the applicable succession law.

10. Who are the Class I heirs of a male Hindu dying intestate under the Hindu Succession Act, 1956?

    Class I heirs include the mother, widow, sons and daughters, and the children/widow of predeceased sons and daughters (and descendants), with several heirs added by the 2005 amendment such as grandchildren of predeceased daughters.

11. In what order does the property of a male Hindu dying intestate devolve under Section 8 of the Hindu Succession Act?

    First to Class I heirs simultaneously; if none, to Class II heirs; if none, to agnates; and lastly to cognates.

12. How is the property distributed among Class I heirs (per stirpes vs per capita)?

    Among Class I heirs the widow, mother and each branch share per capita at their level, while the heirs of a predeceased son/daughter take per stirpes (the branch shares one notional share of the deceased).

13. What major change did the Hindu Succession (Amendment) Act, 2005 bring regarding daughters?

    It made a daughter a coparcener in the joint Hindu family (Mitakshara coparcenary) by birth, with the same rights and liabilities as a son in ancestral property.

14. According to Vineeta Sharma v. Rakesh Sharma (2020), is a daughter's coparcenary right dependent on the father being alive in 2005?

    No; the SC held the daughter's coparcenary right is by birth and an unobstructed heritage, so the father need not have been alive on 9 September 2005 for the daughter to claim coparcenary rights.

15. How does the property of a female Hindu dying intestate devolve under Section 15 of the Hindu Succession Act?

    Generally first to her sons, daughters (including children of predeceased children) and husband; then to husband's heirs; then to her parents; then to father's heirs; and lastly to mother's heirs.

16. What special rule applies under Section 15(2) to property a female Hindu inherited from her parents or husband?

    Property inherited from her father/mother goes (in absence of her own children) to her father's heirs; property inherited from her husband/father-in-law goes (in absence of her own children) to her husband's heirs.

17. What is the rule of survivorship and how was it affected by the Hindu Succession Act?

    Earlier, on a coparcener's death his interest passed by survivorship to other coparceners; Section 6 (post-2005) abolished survivorship for coparcenary interest, which now devolves by testamentary or intestate succession.

18. What is 'testamentary succession'?

    Succession to property in accordance with a valid will (testament) executed by the deceased; the testator decides who inherits, overriding the rules of intestate succession to the extent of the will.

19. What is a 'will' as defined under Section 2(h) of the Indian Succession Act, 1925?

    A will is the legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.

20. What are the essential requirements for valid execution of a will under Section 63 of the Indian Succession Act, 1925?

    The testator must sign or affix his mark (or another signs in his presence by his direction), the signature must show intent to give effect to the writing as a will, and it must be attested by two or more witnesses who saw the testator sign.

21. What is a 'codicil' under the Indian Succession Act, 1925?

    A codicil is an instrument made in relation to a will, explaining, altering or adding to its dispositions, and is deemed to form part of the will.

22. What is 'probate' and when is it required?

    Probate is a copy of the will certified under the seal of a competent court granting administration to the executor; it is conclusive proof of the will's validity and is mandatory for wills made by Hindus, Buddhists, Sikhs or Jains in certain presidency towns.

23. Can a will be revoked, and how, under the Indian Succession Act, 1925?

    Yes; a will is revocable any time during the testator's life by another will/codicil, by a writing declaring intention to revoke (executed like a will), or by burning, tearing or destroying it with the intention to revoke.

24. What is the difference between a 'legacy' and a 'bequest', and what is a 'demonstrative legacy'?

    A bequest is a gift of personal property by will and a legacy is the property so given; a demonstrative legacy is a gift of a specified sum directed to be paid out of a particular fund, while a specific legacy is a gift of a specified existing thing.

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