EVALUATION SCHEME:

1. Short notes: 1.5 marks = 0.5 for case-laws/law; 0.5 for sections/illustrations; 0.5 for
explanation
2. Problems: 2 marks = IRAC = Issue & Rule/Law/Case-law/Section 1 marks; Reasoned
judgement = 1 mark
3. Essay type: 3 marks = 1 mark for case-laws analysis; 1 mark for legal provisions
analysis; 1 marks for originality/ attention to detail/ presentation of answer

SHORT NOTES (MAIN POINTS TO BE COVERED):

1. UCC:

a. At least one of the important cases Lily Thomas, Sarla Mudgal, John
Vallathom, Shah Bano or any other landmark SC/HC case on UCC
b. Art. 44 Constitution of India
c. Pros & Cons of UCC
d. Constitutional/Preambular mandate of Right to Equality vis--vis Right to
Religion whether UCC can balance these two
e. Conclusion in the form of opinion of the student/ analysis of the political
situation; extra marks for linking current affairs to theoretical aspects

2. Family Courts Act:

a. The rationale of its enactment Preamble of the Act, and a comment on are
they fulfilling the said goal they have been established to achieve
b. State govt. establishes in every town exceeding popln. Of 1 million
c. Work in tandem with counsellors, mediators, medical experts, NGOs, to save
the family
d. Appointment of family judges state govt. appoints with concurrence of HC;
at least 7 yrs experience as HC advocate/ judge in any tribunal/ any govt.
position requiring knowledge of law
e. Preference given to women
f. Persons committed to the need of preserving marriage
g. Upper age limit = 62
h. Jurisdiction of family courts = divorce, nullity, JS, RCR, custody, maintenance,
guardianship, legitimacy, s. 125, CrPC, etc
i. IN CAMERA proceedings
j. Direct appeals to HC within 30 days, no appeal in case of S. 125 maintenance

3. Maintenance pendent lite

a. Temporary
b. Payable from the date of presentation of the petition till the date of dismissal
of the suit/ passing of the decree.
c. Supposed to meet the immediate needs of the petitioner.
 d. Includes litigation expenses
e. ANY decree (RCR, JS, Divorce, Nullity)
f. Case-laws: Padmaja Sharma, etc.

Hindu Muslim Christian Parsi Law Secular

Law Law Law Law
s. 24, HMA S. 7(1)(f), ss. 36, 38, s. 39, s. 36, SMA
1955 FCA 1984 IDA PMDA (W only)
(H & W) (W only) (H & W)
s. 18, W only
HAMA
1956
(W only)
Conditions for interim maintenance:

Support to be given by the employed spouse in favour of the unemployed

spouse (having no source of independent income) during the pendency of
proceedings before the court.
Some proceedings under the Act
Spouse seeking maintenance applies to court for this purpose
Cost of proceedings + monthly maintenance
Court will not enter into the merits & demerits of the application made by
the parties
Should dispose the maintenance petition within 60 days of presenting it
(cannot be compounded with the main petition & delayed)
Person required to give maintenance should have some source of income/
property
Conversion does not destroy right to maintenance
Enforcement of maintenance order ceases once main application is
disposed off.
Amount fixed by assessing disposable income of the person liable to pay
Wife can claim simultaneously u/s 125 CrPC & s. 24, HMA 1955
No appeal from maintenance proceedings
Divorce doesnt end right to maintenance
Include claims for reimbursement of medical expenses as well
Bigamy by husband gives wife the right to claim separate residence &
maintenance
 Discretionary power of the court
Status of the parties in society
Husbands income
Husbands liability to maintain others besides his wife
Income of the wife
No. of other members in family
4. SMA:
a. Furthers the object of UCC
b. How it helps in advancing constitutional objectives
c. Main features of the Act inter-religious marriages
d. Procedure of marriage notice, publication, objection, vow in front of
marriage officer, 3 witnesses
e. Drawbacks of the Act losing of coparcenery rights
5. Connivance:
a. Knowledge of & active or passive consent to the wrong doing
b. Connivance means where a person knows that a wrongful act is being done
or is to be done, or where the person is under duty to interfere, does not
interfere or prevent it, in that case, it is said that the person has connived.
c. K.J. v. K., AIR 1952 Nag 395.
d. Difference between accessory and connivance: ACTIVE PARTICIPATION
e. Same sections as Accessory
PROBLEMS:
1. Explain concept of option of puberty. S. 2(vii), DMMA right to repudiate in between
15-18 years, provided marriage not consummated. Explain the meaning of right to
repudiate and that both male and female can exercise it among Muslims. Marriage
with uterine brother is void ab initio, so theres no question of repudation
2. Minor differences of opinion arent ground for RCR. In the present case, Swati just
suggested Suresh to quit, she didnt leave his society without reasonable excuse,
which is the predominant prerequisite for RCR. Hence Suresh wont succeed. Case-
laws: Swaraj Garg, Tirath Kaur, Gaya Prasad, Pravinaben; s. 9, HMA
3. Only hindu & Parsi husbands can get maintenance; s. 39, 40, PMDA, grounds for
claiming maintenance, insufficient income, non-maintenance by spouse, regard to be
had of income of both, execution by charge on property of wife. Christian husband
cannot get maintenance s. 37, IDA discrimination based on religion
4. Conversion of one to either of their religions, or marriage under SMA. Procedure
notice, publication, objection within 30 days, inquiry if objection raised, declaration
by parties & 3 witnesses, place & form of solemnization, marriage certificate,
registration Chapter II Solemnization of marriages
ESSAY TYPE:
1. S. 18, HAMA: Hindu wifes maintenance & right to separate residence if husband
guilty of desertion, cruelty,leprosy, bigamy, concubinage, conversion, any other
justified cause. Execptions: wife being unchaste/converts. Interim maintenance also
can be granted under this section Purusottam v. Annapurna; Second wife
 (Satyanarayana v. Seetharamamma; Stanley case of Mad HC;) & woman in live-in can
get maintenance-Chanmuniya vs Virendra Kumar Singh Kushwaha & Anr 2010;
second wife can get maintenance under S. 25 HMA also; live in partner & second wife
under s. 125 CrPC; Explain these provisions in detail objective of these provisions,
social reform intent, purposive construction
2. Explain meaning of RCR, origin, Explain provisions of RCR in various personal laws; s.
9 HMA, S.32 IDA, S.36 PMDA, S.22, SMA, case-law in Muslim law; case laws analysis:
sarita, harvinder kaur, saroj rani, shakila banu, conditions for obtaining RCR-
withdrawal from society without reasonable excuse, execution of RCR decree rules
32,33 CPC, Defences to RCR cruelty, desertion, adultery, etc.; misuse of RCR cases
where woman restrained from working elsewhere tirath kaur, pravinaben, Swaraj
garg; conclude with critical analysis of the above
3. Theories of divorce, case-laws: Naveen Kohli, etc. Mutual consent divorce: s. 13B,
HMA

HMA 1955

S. 13-B
S. 23(1)(bb)
S. 14
Explain these
provisions

Minimum
separate living
for 1 year
2 motions with a
gap of 6-18
months

Voluntary
Free consent

Petition of fault
ground can be
converted

Mutual consent under Muslim law: Khula (initiated by wife + consideration) &
Mubarat (mutual consent): explain in detail about these two concepts with
illustrations