• Similarly, the Jewish personal law is not codified and under this law the marriageable age is the age of puberty which is fixed at 12 years. (i) Extra-judicial divorces under personal law of Muslims. She can also exercise her option of puberty by repudiation of the marriage. Option of Puberty and implemented under Section 13 (2) (iv), a Hindu wife may petition for divorce on the ground that her marriage was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining the age of 15, but before attaining 18 years of age. 34. iii).There should be no other legal ground for refusal of the relief. 809 of 1976 Course Objectives: Family Law I is the study of Sources of Hindu and Muslim Law, along with Marriage, Divorce guardianship and adoption Laws. It states that restitution of conjugal rights is a relief given to the married person in case of withdrawal from society of other either by the husband or the wife without any just and reasonable ground. In any case, presently the Muslims are controlled by the Indian Majority Act, 1875, apart from . 189 of 1975 and Criminal Misc. Write a . However, a widow has to observe a compulsory period of iddat(4month 10days) after the death of her husband, before entering into another marriage tie. Petn. Adopted from the Muslim law of Khayyar a Bulugh i.e. Option of Puberty: This option is used by a person whose marriage was performed during his/her minority . Discuss option of puberty under Hindu marriage Act? 1. It would, therefore, necessarily follow that the minor should exercise the option after the age of 15 years unless there was evidence to the contrary that the puberty had been attained earlier and the burden of proving this shall . Before the Dissolution of Muslim Marriage Act, 1939 Muslim wife has no right to seek divorce except on the ground of false charges of adultery, mental illnesses, impotency of the husband. July 11, 2021. Bangladesh, People s Republic of. But there is no option of puberty under Hindu law in Bangladesh. Option of Puberty: This option is used by a person whose marriage was performed during his/her minority . She can apply for divorce between the ages of 15 to 18 and once she attains the age of 18 years she cannot apply for . Discuss the concept of Legitimacy under the Hindu and the Muslim Law. Explain the following: a) guilt theory b) option of puberty 10 12. 10 13. A minor is one who has not accomplished the majority age. Desertion, Option of Puberty, Mutual Consent, Irretrievable Breakdown of Marr iage: Seventy-first Report of Law Commission of India; Marriage Laws Amendment Bill 2013. . Write short notes on any five: a) Option of Puberty b) Any three essentials of marriage in Family laws of Goa. Alternatively, there is the option of puberty and under this law the age of puberty is 15 years. There is a certain age in both male and female after getting to which they reach the age of puberty. Credi t Units: 04. Explain under what ground matrimonial relief can be barred under Hindu marriage Act-1955. Divorce was not an option neither opted in older times. 3. Upload. Cruelty. how it is created and revoked? The Nature of Muslim Marriage- Contract or Sacrament: Under the Muslim law marriage is considered as a civil contract.The Arabic word nikah literally means the union of sexes and in laws this term means marriage. Option of puberty. 9. 2. hindu male converting to muslim for . What are the essentials of a valid custom under Hindu Law ? The husband's apostasy is not a ground on which she may seek dissolution. What are provisions relating to interim maintenance under Special Marriage act 1954? Normally speaking, a man and a woman should conclude the contract between themselves but in the case of minors i.e., who have not attained the age of puberty as recognised by Muhammadan . Though Hedaya says the minimum age of puberty for a boy is 12 years and for a girl it is 9 years; it has been fixed at 15 years of age by the Privy Council in the year 1916. Option of puberty. b. deprives the wife of her option of puberty only under certain circumstances There was a case in Ramesh Kumar v. Kannapuram Gramapanchayat. These grounds are discussed under Section 13 (1) of the Hindu Marriage Act, 1955. 1315: divorce under muslim law . 4.3 Nullity of marriage 4.4 Option of puberty 4.5 Restitution of conjugal rights 4.6 . 35. Who is Muslims? 7. Examine the rights & liabilities of a Guardian. Briefly state the sources of Muslim law 37. (3) Repudiation of marriage by wife by . c. 15 years. . Examine legislation as a modern source of Hindu Law. If a husband renounces Islam, the marriage stands automatically dissolved. d) Abdul a Muslim male makes a gift of his undivided share in dwelling house to his friend Shahid but remains in possession of the same. 4. The option of puberty and Repudiation of marriage "Option of puberty" is a right which is given to both the parties of the Muslim marriage to repudiate i.e. cohabitation by the spouses in spite of a decree for maintenance of wife and option of puberty .These special grounds have been incorporated by the marriage laws (Amendment)Act, 1976 . Marriage is dissolved on the death of either party under Islamic Law, unlike Hindu Law. There are divergence of opinion with regard to the nature of Muslim marriage. c) Harish a Hindu male-member of an undivided family died in 2010 leaving behind his two sons, one unmarried daughter and one married daughter. Similarly, a male also had the same right of option of puberty. As per Muhammad law, the option of puberty is a right available to the parties of the marriage to repudiate the marriage if it was entered by them before they attained the age of puberty. 190 of 1975, Criminal Revn. Answer any TWO . Rules relating to the option of puberty under Muslim law, may be stated as under: (i) The option of . ii).The withdrawal is without any reasonable cause or excuse or lawful ground. Bars to Matrimonial relief. Under section 2(1) of the act any person would be considered as 'Hindu' for the purpose of law, if he is: . By judicial decree under the dissolution of Muslim . Dower. This cl. man is evidence against himself. Senior Executive - IP. 5. state the salient features & grounds for divorce provided to the husband & wife under the indian divorce act, 1869. case laws 1. marriage without dower. For the purpose of marriage in Muslim Personal Law. Guardianship. Case No. Each question carries 4 marks. [viii] 7. 2.1.2 Succession to property of Hindu . Section 38 of the Special Marriages Act, 1954 validates the child's . 1323: right of a divorced muslim woman to claim maintenance . Describe the remedies available to the wife in case of non-payment of Mater to her. __________________ "Nay! 10 (ii) Can a girl who was married at the age of 14 and spent two years in her husband's house claim divorce in exercise of her right to option of puberty under Hindu and Muslim law? Describe the different modes of Talaq recognised under Muslim I Alw. 10 14. All personal laws emphasize the importance of consent as an essential for a valid marriage but it is sometimes not taken into consideration by people. • Under the Indian Christian Marriage Act, minors must give a notice for 14 days and if there are no . Hindu Law Under s. 13(1)(ii) of the Hindu Marriage Act, 1955: . Explain 'sahih', 'batil' and 'fasid' marriages. Under Muslim personal laws here is option of puberty by Dissolution of Muslim marriage Act 1939. SECTION - B. It is at the option of the parties to continue with marriage or to annul marriage by decree of court. Option 2. 2.1 Hindus 2.1.1 Historical perspective of traditional Hindu law as a background of the study of Hindu succession Act, 1956. explain the essentials & kinds of waqf. Q.12. Grounds are as follow Impotency of the respondent Incapacity to give valid consent or forced consent of parties or mental illness or person unfit for procreation of child Under aged marriage Conversion [S. 13 (1) (ii)] - When one partner converts to another and ceases to be Hindu. The marriage under Muhammadan law is in the nature of a contract and as such requires the free and unfettered consent of the parties to it. . 1955 discusses repudiation of marriage on the option of puberty of the girl. 10. But in case of marriage under Muslim law, this act is not applicable because the concept of marriage under Muslim religion is governed by the Muslim Personal law. This right is similar to the option of puberty under Mohammedan law. June 27, 2021. . Fault theory: 1. disqualified heirs under hindu law . The modes for dissolution of marriage under Muslim law are: By the husband at his will, - Talaq. Dowry. Upgrade to Premium to read the full document. 1229: multiple choice questions . By the wife under a power delegated to her, - Talaq-e-tafwid. 38. Under Hindu Marriage Act, Parsi Marriage and Divorce Act and Indian Divorce Act adultery, cruelty, . B) Modern Law : Hindu Marriage is a holy union, since religious rites and ceremonies (Kanyadan and Saptpadi) are strictly complied with, in solemnization of a marriage ( Section . Alternatively, there is the option of puberty and under this law the age of puberty is 15 years. This rule applies equally whether a) a woman has had intimacy with her husband during his life-time or not b) she had any kind of privacy with him or not c) she had come to live with him or not d) she menstruates or not e) she is old or young f) she reached the age of puberty or not. Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228 219 6. a. deprives the wife of her option of puberty always. Codes: (A) (A) is correct, but (R) is incorrect. The option is lost for the wife, if she permits the marriage to be consummated after she attains puberty but mere consummation is not sufficient unless it happens with the wife's consent. Thus if his wife remarries even before the expiry of . 36. 7. However, the most striking feature and the . The option can be ratified on attaining puberty by-Express declaration; Payment of Dower; Cohabitation when a muslim wife can get divorce. 1. No. However, if the couple or either the boy or girl have not attained the minimum required age for marriage and yet get married, it is not void. Some jurists are of the opinion that muslim marriage is . However, a widow has to observe a compulsory period of iddat(4month 10days) after the death of her husband, before entering into another marriage tie. Option of puberty: section 13(2) . SECTION-II (4x8=32) 8. 1.3 Property under Mitakshara law separate property and Coparcenary property . (B) (A) and (R) both are correct. . . A uniform code will pave the way for national integration and secularism. Unit V: Minority and Guardianship under Hindu Law The Hindu Minority and Guardianship Act, 1956 Case: 01. The report introduces the reader to the concept and origin of restitution . Get a free 30 day trial. • Under the Indian Christian Marriage Act, minors must give a notice for 14 days and if there are no . Comprehensive Study of Muslim Law. 1241: mohammedan laws . But, under Shia law a minors marriage must be approved by the minor on attaining puberty. Rules relating to the 'option of puberty' under Muslim law, may be stated as under: . Write short notes on : a) Adultery . So a Muslim girl marriage before 18, she has option to divorce before 19. Mithilesh Kumar (AIR 1979) - The Allahabad High Court laid down that, the institution of matrimony under the Hindu Law is a sacrament not a mere socio legal contract. Option of puberty is legal right given to minor wife to terminate the marriage once she turns major to avoid the marriage contract, entered by her guardian. 21 years. Explaining "capacity for marriage" under Muslim Personal Law, Article 195 from Mulla's book says, "Every Mohomedan (Muslim) of sound mind, who has attained puberty, may enter into a . Write a note on the regime of general . to cancel the marriage, if solemnized during minority, with the consent of their guardian. Westernization. Grounds for Divorce under the Hindu Marriage Act, 1955. Custody under Hindu Law: . 'The option of puberty' can be exercised by the female before attaining the age of. The Full Bench fortified its conclusion by a reference to the Marriage laws (Amendment) Act, 1976 which has introduced clause (iv) In sub-section 2 of s. 13. Describe the procedure of pronouncing different kinds of Talaq. T o find out the legal incidence of e personal laws of Hindus and Muslims shall be discussed in depth. Explain in detail the capacity of giver and taker in adoption under the Hindu Law. • Similarly, the Jewish personal law is not codified and under this law the marriageable age is the age of puberty which is fixed at 12 years. b. An option of Puberty (Repudiation of the . . Distribute his property. Society means the cohabitation and . . 18 years. Adoption. Schools of Hindu Law. The most important advantage would be in the upliftment in the status of women in society. (2x3=6) a) Option of puberty b) Registration of marriage c) Dayabhage school. SOURCES OF HINDU LAW. prabhakar singh (Expert) 17 November 2011 According to Shia law, therefore, unless the minor on attaining majority, expressly ratifies the marriage, it is no marriage at all in the eyes of law. Maintenance. Option Of Puberty Under Hindu Law Marriage in contravention of 5 (iii) is neither void nor voidable BUT divorce can be granted at instance of wife (Option of Puberty) AIR 1977 AP 43 IN THE HIGH COURT OF ANDHRA PRADESH Criminal Revn. The Hindu marriage act, 1955 originally based divorce on the faulty theory and enshrined a nice fault found in section 13(1) on which either husband or wife could sue for divorce and 2 fault grounds in section 13(2) on which wife could sue . 13. This will promote equality and justice because if there could be a uniform criminal act, then why not a common civil act, too. 1297: principal schools in muslim law . Female under Hindu marriage should not be pregnant at the moment of marriage by another person. (iii) Maintenance 'Pendente: lif e' and permanent maintenance under Hindu M arriage Act, 1955. The first core essential is both parties must be Hindu. puberty (option of puberty). August 5, 2021. The concept of restitution of conjugal rights has been define in section 9 of the Hindu Marriage Act, 1955. Consummation of marriage before the age of puberty. Under Hindu law renouncing from the worldly affairs by entering any religious order amounts to civil death and it may amount to desertion of the petitioner. 2. Moreover, child's interest is the main criteria and the choice of the child above the age of nine is considered by the court. d. either (a) or (b) or (c). 2. Under Muslim law, the guardian is required for the purpose of marriage, for protecting the minor's persona and protecting the property. 1308: repudiation of marriage by option of puberty . Already have an account? 8. Desertion under the Hindu marriage Act falls under the category: Actual desertion. Under Muslim law, a wife can take following defenses against husband's claim for restitution of conjugal rights: (1) False charge of adultery against wife by her husband. How a divorced wife can demand maintenance or alimony money? Judicial Separation is an instrument devised under law to afford some time for introspection to both the parties of a troubled marriage. Adultery: The act of voluntarily indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. 4. define waqf. CH-1 (Child custody and Guardianship in Hindu law) The Hindu law of guardianship has been codified and reformed by the Hindu Minority and guardianship Act,1956. The aim of the ppt is to understand what restitution of conjugal rights implies with respect to different Indian personal laws and to do a comparative study of the provisions for restitution of conjugal rights available under Hindu and Muslim Law. 9. Parliament on 13 th February 2019 passed, Personal Law Amendment bill[vii] removing leprosy as a ground for divorce under five personal laws including the Hindu Marriage Act. Option of puberty in Muslim Law is taken for the age of legal competence. By mutual consent of the husband and wife, - Khula and Mubarat. The legal system is based in part on English common law.Bangladesh seceded from Pakistan in December 1971. 4. However, the actual meaning of Option of Puberty is: The time of life when sex glands become functional. The marriage is voidable at the option of either party. There are certain requirements under the provision of Restitution of conjugal rights under all Personal law : i).The withdrawal by the respondent from the society of the petitioner. Or Explain She modes which has recognised by the Muslim Law for the enli eeittent of dower. Assertion (A): "Option of Puberty" is an easy process to repudiate the marriage under Hindu Law. ADVERTISEMENTS: (2) The wife had demanded her prompt dower which had not been paid provided no consummation has taken place. They have to accept the flaws and to live with it. 33. Guardianship of person of minors 2. India is also a signatory to a UN Resolution which calls for the elimination of discrimination against persons suffering from leprosy. 1331: acknowledgement of . A person who is authorized under the law to protect the person or property of a minor is called a guardian. According to Section 13 (1) (i) to the Act, if the spouse is indulged in adultery at any point of time after the marriage, then this can be a . Under Hindu law and as well as Secular law, the custody of the child under the age of five is usually awarded to the mother. 39. With the help of the provisions of the act[3],it will be convenient to discuss the subject matter under suitable sub-headings. Reason (R): "Option of Puberty" is not an easy process to repudiate the marriage under Muslim Law. "Puberty" under Muhammadan law is presumed, in the absence of evidence, on completion of the age of 15 years. a. Discuss the conditions for marriage under the Hindu Marriage Act. Share your documents to get free Premium access. Here she got married to a man who was Hindu under the rituals of the Niar Community. (iv) confers upon a bride below the age of 15 years the right of repudiation after attaining age. Law degree examination - April, 2020. . 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