fam2

Question 1

marriage bw 2 hindus only.
case law: 3 cases
Gullipilli Sowria Raj vs B——(AIIR —— DMC 164 SC)

Answer 1

Gullipilli Sowria Raj v Bhandaru Pavani AIR 2009 SC 1085
A Christian man and a Hindu woman married by way of Hindu ceremonies. The wife filed for nullity as she alleged that she was not aware that he was a Christian. The husband argued that such a marriage could be solemnised, as the word “may” in s 8 of the HMA, which reads “… may be solemnised between any two Hindus” permitted a Hindu to marry a non-Hindu. Held: The SC held that the word “may” referred to marriage and not the party’s religion. Hence, the marriage was void.

Question 2

——– AIR —- Ker 363: under hma, marriage can validly be solemnized bw 2 hindus only.

Answer 2

Vijay Kumari v VK Devabalan , AIR 2003 Ker 363
marriage between the fourth defendant (a Hindu man) and Mariya Augustine (a Christian) was invalid under the Hindu Marriage Act, as the law requires both parties to be Hindus. Consequently, the children of this marriage were Christians and thus not governed by Hindu Mitakshara law.
the Kerala HC held that the son of a Hindu converted to Christianity, and a Christian could not become the coparcener in a HJF as both parties to the marriage were not Hindus at the time.

Question 3

————- @ Raja vs Shanthakumari –year– Madras HC

Answer 3

K. Shanmugha Raja
2018

The appellant, a Hindu, and the respondent, a Christian, were married in 2003 according to Hindu rites. The appellant claimed that the respondent deserted him soon after the marriage, pressured him to convert to Christianity, and concealed her religious background. He also denied fathering the child born shortly after their separation. However, a DNA test confirmed his paternity. The court ruled that the Hindu Marriage Act does not apply since the couple belongs to different religions,since appellant is Hindu and the respondent is Christian, the provisions of the Hindu Marriage Act are inapplicable to their marriage. Therefore, the petit and so petition dismissed.

Question 4

sec 3 of pcma?

Answer 4

3. Child marriages to be voidable at the option of contracting party being a child.

Question 5

sec 4?

Answer 5

Provision for maintenance and residence to female contracting party to child marriage.

Question 6

sec 5?

Answer 6

Custody and maintenance of children of child marriages.

Question 7

SEC 6?

Answer 7

Legitimacy of children born of child marriages.

Question 8

Punishment for male adult marrying a child.
Whoever, being a male adult above -
yea—-rs of age, contracts a child marriage shall be punishable with rigorous imprisonment which may
extend to —- years or with fine which may extend to — lakh rupees or with both.

Answer 8

SEC 9
18 yrs
2 yrs
1 lakh

so 2 yr prison/1 lakh fine/both

Question 9

Punishment for solemnising a child marriage.
sec 11?

Answer 9

sec 10
Punishment for promoting or permitting solemnisation of child marriages.

for both sec 10 and 11, punsihment: 2 yrs rihourous imprison AND one lakh fine (both)

Question 10

Marriage of a minor child to be void in certain circumstances. which scrtion and what circumstances

Answer 10

sec 12
Where a child, being a
minor—
(a) is taken or enticed out of the keeping of the lawful guardian; or
(b) by force compelled, or by any deceitful means induced to go from any place; or
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(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor
is married after which the minor is sold or trafficked or used for immoral purposes,
such marriage shall be null and void.