This document contains lecture notes on the Hindu Marriage Act 1955, Muslim Marriage Act, Hindu Adoption and Maintenance Act 1956, Hindu Minority Guardianship Act 1956, and Special Marriage Act 1954 from Chanderprabhu Jain College. It discusses the essential elements, ceremonies, dissolution, and grounds for divorce under the different marriage laws. It also summarizes the provisions related to adoption, maintenance, guardianship, and emerging trends in marriage and family law like surrogacy, live-in relationships, and same-sex marriage.
1. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BA LLB
(Third Semester)
Paper code-201
Hindu Marriage Act, 1955
BA LLB
(Third Semester)
Paper code-201
Hindu Marriage Act, 1955
By: Mr. Naveen
Jaspal
Assistant Professor
(Law)
2. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Learning outcomes
Define what is meant by Hindu Marriage Act in India according to
the act.
Factors that can determine the relationship between Husband and
Wife.
3. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
What are essentials of HMA?
Monogamy ,Mental Capacity, Age of the Parties, Degrees of
Prohibited Relationship.
4. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Ceremonies necessary for a Hindu
Marriage.
Rites and Ceremonies.
Seven steps by Bride and Bridegroom.
Sacred Fire.
5. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Effect of breach of
essentials conditions of
valid marriage?
As per section – 5 of Hindu
Marriage Act, 1955.
Completion Spouse age of
majority according to act
1955.
6. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Divorce and Divorce by Mutual Consent, according to marriage laws
amendment act, 1976.
1.Under section – 13-
2.Divorce by mutual 13- B.
.
7. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
Various grounds of obtaining
Decree according to HMA?
1.Restitution of conjugal rights.
2.Judicial seperation.
3.Divorce.
4.What is the provision of divorce by mutual
Consent.
8. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
Uniformity in Religious grounds.
1.sanskara.
2.Sacred relationship.
3.Hindus, sikhs, jains &Buddists.
4.Caste considerations.
9. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Tips
.
Confidence building in relations.
Removal of misconceptions.
Act as gentle personality.
Be positive always not to be possessive in any
point of time.
Manage and control household activities properly.
10. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UNIT - IIUNIT - II
11. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Learning outcomes
Define what is meant by Muslim Marriage Act in India according to
the act.
Factors that can determine the relationship between Husband and
Wife.
12. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
What are essentials of Muslim
Marriage?
•Objects and nature of marriage and its validity
•Obligations arising out of marriage
1. Classical law
2. Statutory law
13. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Ceremonies necessary for a Muslim
Marriage.
Civil contract
Mahr.
Quboolnama
Age of majority
14. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Kinds of Muslim marriage
Sahih or valid marriage
Batil or Void marriage
Fasid or irregular/ invalid marriage
15. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Dissolution of Muslim Marriage
Act, 1939
Talaq : Concept and modes
Grounds : 1. Under classical law
2. Under statutory law
.
16. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
How marriage is dissolved:
1.Automatically by expired of the term fixed
2.At any time by the husband “ Making a gift of
the term” to the wife even before the expire of the
term.
17. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
Different kinds of Divorce under
Mohammedan law
1.By husband at his will without the intervention
of a court .
2.By mutual consent of the husband and the
wife , also without intervention of a court.
3.By judicial decree on the suit of the husband or
the wife
4.By operation of the law
18. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Modes of Talaq :
1.Talaq-ul-sunnat,which is again subdivided into-
a. Talaq-e-ahsan
b. Talaq-e-hasan
c.Talaq-e-biddat
2. illa
3. Zihar
4. Khula
5. Mubarat
6. Lian of false charge of adultery
7. Judicial divorce
.
19. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UNIT - IIIUNIT - III
By: Mr. Naveen
Jaspal
Assistant Professor
(Law)
20. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Learning outcomes
Capacity of a male Hindu to take in adoption (section 7)
Capacity of a female Hindu to take in adoption (section 8)
21. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Essential requisites of a valid
adoption
• No adoption shall be valid unless:
1. The person adoption has the capacity and
also the right to take in adoption
2. The person giving in adoption has the
capacity to do so
3. The person adopted is capable of being
taken in adoption
4. The adoption is made in compliance with
the other conditions mentioned in chapeter 11 of
the act
22. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Other conditions to be fulfilled
according to section 11.
Adoptive mother or father by whom the adoption is made
must not have a Hindu son, son’s son
If the adoption is of a son or a daughter, father or mother
by whom the adoption is made must not have a Hindu
daughter or son’s daughter living at the time of adoption
If the adoption is by a male and the person to be adopted is
female the adoptive father is atleast 21 years older than the
person to be adopted and vice a versa for female
The same child may not be adopted simultaneously by two
or more persons
23. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Section 8 of the Hindu Adoption and
Maintenance Act 1956 provides:
Female Hindu has also the capacity to make a son or
daughter in adoption if:
1. She is of sound mind
2. She is not a minor
3. She is not married or if married her marriage has been
dissolved or husband is dead or has completely and finally
renounced the world or has ceased to be Hindu or has been
declared by court of competent jurisdiction to be of unsound
mind
24. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
According to section 10
No person shall be capable of being taken in adoption
unless the following conditions are fulfilled namely:
a. He or she is a Hindu
b. He or she has not already being adopted
c. He or she has not been married unless there is a
custom or usage applicable to the parties which permit
person who are married being taken in adoption
.
25. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
According to section 21of Hindu
Adoption and Maintenance act 1956
1.Dependent means
a. His or her father
b. His or her mother
c. His widow, so long as she does re-marry
d. His or her son or the son of his pre
deceased son so long as he is a minor.
e. His or her unmarried daughter or the
unmarried daughter of his pre deceased son so
long as she remains unmarried
26. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
According to section 23 of Hindu
Adoption and Maintenance Act 1956
Amount of maintenance means:
a. It shall be in the discretion of the court to determine whether any, and
if so , what maintenance shall be awarded under the provisions of this act
b. In determining the amount of maintenance , if any, to be awarded to a
wife, children or aged or infirm parents under this act as follows
1. The position and status of the parties
2. The reasonable wants of the claim
3.If the claimant is living separately whether the claimant is justified in
doing so.
4.The value of the claimant’s property and any income derived from
such property, or from the claimant’s on earning or from any other source
27. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
According to section 6 of Hindu
Minority Guardianship act 1956
The natural guardian of Hindu minor in respect of the minor’s
person as well as in respect of respect of minor’s property are:
a. In the case of a boy or an unmarried girl- the father, and after
him the mother provided that the custody of a minor who has not
completed the age of five years shall ordinarily be with the mother
b. In the case of an illegitimate boy or an illegitimate girl the
mother, and after her the father
c. In the case of a married girl- the husband
Rights of natural guardian
1.Right to custody 3. Right to control movement
2.Right to control education 4. Right to determine the religion
.
28. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UNIT - IVUNIT - IV
By: Mr. Naveen
Jaspal
Assistant Professor
(Law)
29. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Learning outcomes
Provisions of Special Marriage Ac,9154
Emerging trends:
1. Surrogacy
2. Live-in Relationship
3. In-Vitro
4. Domestic violence act 2005
5. Same sex marriage
30. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Special Marriage act 1954
• Apply to whole of India except J&K
• Under this act two persons irrespective of their
religion and caste can get married
• Conditions of valid marriage –monogamy,
soundness of mind, age limit, prohibited
relationship
• Solemnization of marriage
31. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Surrogacy
Surrogacy means an arrangement in which a woman
carries and delivers a child for an other couple or person
Wrongs in surrogacy- exploitative , health issues and lack
of legal protection
In December 2005 introduction and implementation fo
National guidelines for Accreditation, supervision and
Regulation of assisted reproductive technology(ART) Clinics
in India by ICMR, MHoFW and Government of India
32. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Live-in Relationship
Cohabitation is an arrangement whereby two people decide
to live together on a long term or permanent basis in an
emotional / or sexually intimate relationship
Supreme court set Justice Malimath Committee which
submitted its report in 2003, observed that if man and woman
are living together for a reasonable long period they deemed
to be married to each other
33. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
IVF
Meaning- In-Vitro fertilization
Supervised by ART guidelines 2010
ART has three tier system of infertility management
centers-
LEVEL 1
LEVEL 2
LEVEL3
.
34. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
Domestic Violence Act, 2005.
1.Act guarantees Art- 14,15 & 21
2. Introduced to provide a remedy in the civil law
for the protection of women from being sufferer of
the domestic violence & to avert domestic
violence in the society.
3.Acts of domestic violence are :
a. Physical violence –beating,slapping etc
b. Sexual violence- forced intercourse
c. Verbal and emotional-
35. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
Acts of domestic violence are :
a. Physical violence –beating,slapping etc
b. Sexual violence- forced intercourse
c. Verbal and emotional- insult ,yelling etc
d. Economic violence –Not providing food, medicines, not allowing to
take up job, taking away salary etc
Reliefs under DV act 2005
a. Protection
b. Residence
c. Monetary relief
d. Custody
36. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
SAME SEX MARRIAGE
Homosexuals- Please having attraction
towards same sex
Wide variation in legal treatment of lesbians,
gay bisexuals and transgender( LGBT)
High court if Delhi declared section 377 of IPC
illegal
Seventeen states in India have legalised gay
marriages
.
37. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
THANK YOU
.
38. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
THANK YOU
.
39. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
THANK YOU
.
40. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
THANK YOU
.