FAMILY LAW I

WHAT IS FAMILY LAW?

(ALSO CALLED PERSONAL/ PRIVATE LAW)
DO WE NEED LAW TO GOVERN SOMETHING SO
PERSONAL?

LAW
 IF YOU WANT TO IMPROVE THE SOCIETY,
IMPROVE THE FAMILY
-CONFUCIUS
Family
Origin of Family
Society

Prehistoric
Birth of Groups
& Clans:
Law
period: Beasts, Constant fight Birth of Society,
anarchy for food & Family & Law
females
 KINDS OF FAMILY
Basis of Classification Type of Family

Ancestry & Authority Matrilineal Malabar region

Patrilineal

Affiliation Endogamous - Sapindaship

Exogamous

Size Nuclear

Extended

Residence Matrilocal

Patrilocal

Plurality Monogamous

Polygamous

Polyandrous
 HINDU UNDIVIDED FAMILY (HUF)

CREATURE OF LAW
A HINDU FAMILY IS PRESUMED TO BE JOINT; PRESUMPTION IS STRONGER IN CASE OF NEARER
RELATIONS
CONSISTS OF ALL MALES LINEALLY DESCENDED FROM A COMMON ANCESTOR, INCLUDING
THEIR WIVES, WIDOWS, ADOPTED CHILDREN, UNMARRIED DAUGHTERS
ELDEST SURVIVING MALE MEMBER OR THE FEMALE = KARTA/ MANAGER
FUNDAMENTAL PRINCIPLE = SAPINDASHIP
 WHAT IS FAMILY?
FUNDAMENTAL ECONOMIC & SOCIAL UNIT OF SOCIETY
BIOLOGICAL UNIT REGULARIZING SEX RELATIONSHIP
EMOTIONAL & PSYCHOLOGICAL INTENSITIES BIND ITS MEMBERS
UNIVERSAL & DURABLE
MOULDS THE CHARACTER OF ITS MEMBERS
PATRILOCAL, PATRIARCHAL, NUCLEAR, MONOGAMOUS, PATRILINEAL, ENDOGAMOUS
PROVIDES HOME
 BASIC FEATURES OF FAMILY
CLOSELY KNIT RELATIONS
LEGALISED MARITAL RELATIONSHIP THROUGH THE INSTITUTION OF MARRIAGE
PROCREATION AND LEGALISING THE CHILDREN
HAVING A DISTINCT IDENTIFIABLE FAMILY NAME (SURNAME)
COMMON HABITATION AND ECONOMIC BASE
PLAYS A PIVOTAL ROLE IN KEEPING THE SOCIETY WITHIN THE MORAL & CIVIL BOUNDS.
RELATIONSHIP OF FAMILY MEMBERS AMONG EACH OTHER IS BASED ON:
BLOOD
MARRIAGE (HETEROSEXUAL, IN INDIA)
ADOPTION
 DEFINITION OF FAMILY

BURGESS & LOCKE

FAMILY IS A SOCIAL GROUP OF PERSONS UNITED BY THE TIES OF MARRIAGE, BLOOD OR

ADOPTION
SINGLE HOUSEHOLD
INTERACTING WITH EACH OTHER IN THEIR RESPECTIVE SOCIAL ROLES OF HUSBAND, WIFE, MOTHER,
FATHER, SON, DAUGHTER, BROTHER, SISTER
CREATING COMMON CULTURE
 WHAT IS LAW?

LEGISLATIONS, CASE LAWSAND?

DIFFERENCE BETWEEN LAW AND JUSTICE: DOES LAW ALWAYS DO JUSTICE?
PERSPECTIVE TO UNDERSTAND FAMILY LAW
EG: LAW ON EQUAL PROPERTY RIGHTS FOR HINDU WOMEN

Peoples
Law (Lived-
in practices)

Formal Law
 SO WHAT IS FAMILY LAW?

D. M. WALKER, OXFORD COMPANION TO LAW:

STATE LAW CUSTOMARY FAMILY LAW IS AN AREA OF LAW DEALING

LAW WITH THE ISSUES RELATED TO FAMILY & ITS
MEMBERS
 SCOPE OF FAMILY LAW
Succession /
Inheritance

Joint Family & Marriage &

Partition Divorce

Adoption & Maintenance

Paternity

Religious Guardianship
Institutions
 WHY IS STUDYING FAMILY LAW IMPORTANT?

WHATS PERSONAL IS POLITICAL

FAMILY IS THE STARTING POINT OF CLAIMING RIGHTS, SETTLING DISPUTES, STARTING POINT
OF HUMAN INTERACTIONS
CHANCES OF HAVING FAMILY DISPUTES & CONTRACTUAL DISPUTES IN OUR LIVES ARE MORE,
THAN HAVING CONSTITUTIONAL/ ADMINISTRATIVE LAW DISPUTES.
FAMILY IS AN INDIVISIBLE PART OF EACH ONE OF US.
Hindus Muslims Christians Parsis Secular
Hindu Marriage Act Muslim Personal Law Christian Marriage Parsi Marriage & Special Marriage
1955 (as amended (Shariat) Application Act 1872 Divorce Act 1936 Act 1954
in 1976) Act 1937 (as amended in
1988)
Hindu Adoptions & Dissolution of Muslim Indian Divorce Act CrPC 1973 (Ch. IX
Maintenance Act Marriages Act 1939 1869 (as amended s. 125)
1956 in 2001)
Hindu Minority & Muslim Women Foreign Marriage
Guardianship Act (Protection of Rights Act 1969
1956 on Divorce) Act
1986
Hindu Succession Act Wakf Act 1995 Protection of Women
1956 from Domestic
Violence Act 2005
Commission of Sati Family Courts Act
(Prevention) Act 1984
1987
Prevention of Child
Marriage Act 2006
Guardians & Wards
Act 1890
 NATURE OF PERSONAL LAWS IN INDIA

Heterogenous customs, Homogenised Codified Law

only some recognized by
law
 HOW TO STUDY FAMILY LAW IN INDIA?
( AND IMPORTANCE OF ART. 25)
Personal Law = Religious Law + Customary Law + Statutory Law

CONSTITUTIONAL LAW & UNIFORM CIVIL CODE

Hindu Muslim Jewish

Law Law Christian Parsi Law Law
Law
 SOURCES OF PERSONAL LAWS
Hindu Law Muslim Law Christian Law Parsi Law Jewish Law

Ancient Sources Ancient Sources Ancient Sources Ancient Sources Ancient Sources
1. Shrutis/ Vedas 1. The Quran 1. The Bible 1. Customary Laws 1. Torah (Five books
2. Smritis: 2. Hadith/ Tradition of Moses)
Dharmasutras & 3. Ijma
Dharmashastras 4. Qiyas (not
3. Commentaries & accepted by Shias)
Digests 5. Customs & Usage
(to a limited extent)
Modern Sources Modern Sources Modern Sources Modern Sources Modern Sources
1. Judicial Decisions 1. Legislation 1. Legislations 1. Legislations 1. Legislations
2. Legislation 2. Judicial Decisions
3. Custom 3. Principles of Equity,
4. Equity, Justice & Justice & Good
Good Conscience Conscience
 Hindu Law Muslim Law
Mitakshara SUNNIS SHIAS
1. Benaras School Hanafi Ithna Asharia/ Jafri
2. Mithila School (vast majority of Muslims in Most of the Shias in India
3. Dravida/ Chennai School India)
4. Maharashtra/ Mumbai School Eg: Cutchi & Halai Memons
Schools of Personal

were governed by their

own customary law and
Hindu law before 1937

Dayabhaga Shafi (South India) Ismaili/ Fatimi

Laws

(Bengal School of Law) (minorities among Muslims

western and central
India; eg: Khojas &
Boharas were governed
by their own customary law
& Hindu law before 1937)

Maliki (no followers in Zahdis (Zayd School Not

India) found in India)
Hanabali (no followers in Ibadi (no followers in India)
India)
 NATURE OF HINDU LAW

CONSISTS OF A BODY OF RULES CONTAINED IN SEVERAL SANSKRIT BOOKS REGARDED AS

AUTHORITATIVE THROUGH AGES. MOOKHA KONE V. AMMAKUTTI AMMAL, AIR 1928 MAD
299.
ANCIENT HINDU LAW - NOT PURE CUSTOMARY LAW, NOT A RESULT OF LEGISLATION
BRANCH OF DHARMA, MIXTURE OF CIVIL, RELIGIOUS & MORAL SYSTEMS OF LAW
MODERN HINDU LAW STATUTORY & CUSTOMARY
 WHO ARE HINDUS?

ARYA SAMAJ

BUDDHISTS SIKHS
PRARTHNA
SAMAJ
BRAHMO
JAINS SAMAJ

LINGAYATS, VEERASHAIVAS, EVERYONE WHO IS NOT MUSLIM, CHRISTIAN,

PARSI, JEW
 DEFINING HINDU
GEOGRAPHICAL ORIGIN PEOPLE LIVING ON THE OTHER SIDE OF THE RIVER SINDHU/
INDUS
VERY WIDE SCOPE OF WHO IS A HINDU BEEF EATER, ATHEIST, HINDUISM HATER, ETC.
BHAGWAN KOER V. J. C. BOSE, ILR (1902) 31 CAL 11 (PC) 15.
SECTION 2, HINDU MARRIAGE ACT 1955:
HINDUS, SIKHS, JAINS & BUDDHISTS, INCLUDING CONVERTS & RECONVERTS
VIRASHAIVAS, LINGAYATS, FOLLOWERS OF BRAHMO, ARYA & PRARTHNA SAMAJ
EVERYONE (LEGITIMATE & ILLEGITIMATE CHILDREN) BORN OF HINDU, SIKH, JAIN & BUDDHIST PARENTS
IN CASE ONLY ONE PARENT IS A HINDU, THE CHILD MUST BE BROUGHT UP AS A HINDU MYNA BOYEE
RESIDUARY CLAUSE: PERSON WHO IS NOT MUSLIM, CHRISTIAN, PARSI, JEW, AND NOT KNOWN TO BE
HINDU, JAIN, SIKH/ BUDDHIST, AND IS DOMICILED IN INDIA, AND UNLESS ITS PROVED THAT HINDU LAW
DOESNT APPLY TO HIM, IS A HINDU EG: RAJKUMAR V. BARBARA, AIR 1989 CAL 165.
 MYNA BOYEE V. OOTARAM, (1861) 8 MIA 400.

FACTS:
A CHRISTIAN ENGLISHMAN COHABITED WITH A MARRIED HINDU WOMAN WHO WAS
SUBSEQUENTLY DESERTED BY HER HUSBAND. THE ENGLISHMAN HAD TWO ILLEGITIMATE SONS BY
HER, B & C. ON THE DEATH OF B, QUESTION AROSE: BY WHAT LAW ARE B & C GOVERNED?

A LEGITIMATE/ ILLEGITIMATE CHILD WILL BE A HINDU IF:

ONE OF HIS/HER PARENTS AT THE TIME OF HIS/HER BIRTH WAS A HINDU, AND
S/HE WAS BROUGHT UP AS A HINDU
SHASTRI YAGNAPURUSHDASJI V. MULDAS BHUNDARDAS VAISHYA,
AIR 1966 SC 1119.

PEOPLE BELONGING TO SATSANGI SECT BUILT A SWAMINARAYAN TEMPLE IN BARODA,

DEDICATED TO THE FOUNDER OF THE SECT. QUESTION AROSE WHETHER THIS WAS A HINDU
TEMPLE.
BOMBAY HINDU PLACES OF PUBLIC WORSHIP (ENTRY AUTHORISATION) ACT 1956 HINDU
TEMPLES THROWN OPEN TO HARIJANS
HELD THAT, SATSANGI SECT IS A PART OF HINDU RELIGION, HENCE THE TEMPLE IS A HINDU
TEMPLE
 RATANSHI D. MORARJI V. ADMINISTRATOR GENERAL
OF MADRAS, ILR (1928) 52 MAD 160.
A CHRISTIAN AUSTRIAN LADY CONVERTED TO HINDUISM AND THEN MARRIED A HINDU. SHE
DIED LEAVING AN UNATTESTED WILL.
AN UNATTESTED WILL IS INVALID UNDER CHRISTIAN LAW, BUT VALID UNDER HINDU LAW.
HELD HINDUISM RECOGNIZES CONVERSION, AND HENCE THE LADY IS A HINDU
 PERUMAL V. PONNUSWAMI, AIR 1971 SC 2352.

ANNAPAZHAM, A CHRISTIAN WOMAN WAS MARRIED TO PERUMAL, A HINDU, IN ACCORDANCE

WIH HINDU CEREMONIES AND RITES. THEY ALSO ENTERED INTO AN AGREEMENT THAT THEY WILL BE
GOVERNED BY MITAKSHARA LAW. A SON, PONNUSWAMI, WAS BORN TO THEM.
RELATIONSHIP BETWEEN HUSBAND AND WIFE GOT STRAINED, AND HENCE ANNAPAZHAM STARTED
LIVING SEPARATELY ALONG WITH HER SON PONNUSWAMI. THE SON CLAIMED FOR A SHARE IN
THE FATHERS PROPERTY. FATHER CONTESTED THAT THEIR MARRIAGE IS INVALID BECAUSE THE
WOMAN IS CHRISTIAN.
HELD A PERSON IS DEEMED TO BE A HINDU IF S/HE EXPRESSES A BONA FIDE INTENTION TO
BECOME A HINDU ACCOMPANIED BY A CONDUCT UNEQUIVOCALLY EXPRESSING THAT INTENTION
COUPLED WITH THE ACCEPTANCE OF HER AS ITS MEMBER BY THE COMMUNITY/CASTE.
ANCIENT SOURCES OF HINDU LAW

Commentaries & Digests

(Eg: Mitakshara)
Smritis (Eg:
Yajnyavalkya Smriti)
Shrutis/
Vedas
 ANCIENT SOURCES OF HINDU LAW

DHARMA DHRU, TO HOLD, TO CONTINUE, TO PRESERVE THAT WHICH HELPS IN

SUSTAINMENT OF LIVING BEINGS
PURANAS EXPLAIN & ILLUSTRATE LAW (FIFTH VEDA)
SHRUTIS/ VEDAS THAT WHICH HAS BEEN HEARD/ KNOWLEDGE DIVINE REVELATION
1. RIG VEDA OLDEST HYMNS & SONGS IN PRAISE OF THE FORCES OF NATURE
2. YAJUR VEDA RITUALS & SACRIFICES
3. SAMA VEDA PRAYERS
4. ATHARVA VEDA MAGIC, SPELL & INCANTATIONS
 ANCIENT SOURCES OF HINDU LAW (CONTD.)

SMRITIS THAT WHICH IS REMEMBERED

1. DHARMASUTRAS APHORISMS OF LAW; SHORT WITTY REMARKS WHICH CONTAIN A GENERAL
TRUTH OR BROAD AND GENERAL PRINCIPLES OF COMMON SENSE & JUSTICE.
EG: DHARMASUTRAS OF GAUTAMA, BAUDHAYANA, APASTAMBA, VASISHTA, VISHNU, ETC. VISHNU FOR
EXAMPLE DEALS WITH RULES OF CIVIL AND CRIMINAL LAW; VOUCHES FOR WOMENS PROPERTY RIGHTS.
2. DHARMASHASTRAS RULES REGARDING ACHARA (MORALITY), VYAVAHARA (RULES TO SETTLE
DISPUTES IN JUSTICE ADMINISTRATION), PRAYASHCHIT (PENAL PROVISIONS)
EG: MANU SMRITI, YAJNYAVALKYA SMRITI, NARADA SMRITI
 ANCIENT SOURCES OF HINDU LAW (CONTD.)

COMMENTARIES & DIGESTS

INTERPRET THE LAW LAID DOWN IN SMRITIS
COMMENTARIES: ORDERLY EXPLANATION OF SUTRAS/ SHLOKAS, SIMPLE EASY TO UNDERSTAND;
EVIDENCE OF CUSTOMS PREVALENT
DIGESTS: COMPILATIONS OF ALL RELEVANT MATERIAL FROM SEVERAL SOURCES ON ANY TOPIC OF
LAW, WITH MINIMUM COMMENTS
MOST IMPORTANT COMMENTARIES: DAYABHAGA BY JIMUTAVAHANA AND MITAKSHARA BY
VIGNANESHWARA
 MODERN SOURCES OF HINDU LAW

EQUITY, JUSTICE, GOOD CONSCIENCE

WHAT IS JUST, FAIR AND REASONABLE ENGLISH LAW APPLIED TO INDIAN CIRCUMSTANCES AFTER
MODIFICATIONS WAGHELA RAJSANJI V. SK. MASLUDIN, (1886-87) 14 IA 89.
LEGISLATIONS
STRONGEST SOURCE OF LAW, AND IT PREVAILS OVER ALL OTHER SOURCES. SUPREINTENDENCE
CO. OF INDIA (P) LTD. V. KRISHNAN MURGAI, (1981) 2 SCC 246, 257.
POSITIVE LAW
JUDICIAL DECISIONS
STARE DECISIS
COMMON LAW REGIME
 MODERN SOURCES OF HINDU LAW CUSTOM/
USAGE (SADACHARA)
CUSTOM IS THE TWILIGHT OF LAW
HINDU LAW ORIGINATED FROM CUSTOMS AND CONVENTIONS
LUHAR AMRIT LAL NAGJI V. DOSHI JAYANTILAL JETHALAL, AIR 1960 SC 964, 970 CUSTOM IS
A SOURCE OF LAW
IF THERE IS A DISAGREEMENT BETWEEN SMRITI AND CUSTOM, LATTER PREVAILS.
COLLECTOR OF MADURA V. MOOTTOO RAMALINGA SATHUPATHY, (1868) 12 MIA 397
CLEAR PROOF OF USAGE WILL OUTWEIGH THE WRITTEN TEXT OF LAW
BURDEN OF PROVING THAT CUSTOM DOESNT EXIST/ IS DEROGATORY/ IS DISCONTINUED TO
A LAW IS ON THE PERSON MAKING THIS ALLEGATION
 WHEN WILL A CUSTOM HAVE A FORCE OF LAW?
ALL THE FOLLOWING SHOULD BE PROVED WITH
EVIDENCE IN COURT
VALID
ANCIENT
INVARIABLE
CONTINUOUS
CLEAR & UNAMBIGUOUS
REASONABLE
NOT OPPOSED TO PUBLIC POLICY, LAW, MORALITY
NOT FORBIDDEN BY STATUTE
MUST BE OBLIGATORY
 MORE ABOUT CUSTOM

SANT RAM V. LABH SINGH, AIR 1965 SC 314 CUSTOM IS AFFECTED BY PART III OF THE
CONSTITUTION, AND CUSTOMS & USAGES HAVING THE FORCE OF LAW IN THE TERRITORY OF
INDIA MUST BE HELD TO BE WITHIN THE EXPRESSION ALL LAWS IN FORCE IN ARTICLE 13.
KINDS OF CUSTOMS
1. FAMILY CUSTOMS EG: PROPERTY SHOULD REMAIN IMPARTIBLE
2. CLASS CUSTOMS EG: ADOPTION OF SON-IN-LAW AMONG REDDY & KAMMA CASTES IN
ERSTWHILE CHENNAI PRESIDENCY
3. LOCAL CUSTOMS
4. INSTITUTIONAL CUSTOMS EG: CUSTOMS OF MATHS & RELIGIOUS & CHARITABLE ENDOWMENTS
ABOUT SUCCESSION TO OFFICE OF MAHANT, SHEBAIT/ DHARMAKARTA
SCHOOLS OF ANCIENT HINDU LAW MITAKSHARA &
DAYABHAGA
SCHOOLS: DIVERSITY OF DOCTRINE WHICH IS A RESULT OF DIFFERENT REASONING/
INTERPRETATIONS
MITAKSHARA: CONCISE WORK: APPLICABLE TO THE WHOLE OF INDIA EXCEPT
BENGAL
RIGHT IN FAMILY PROPERTY ACQUIRED BY BIRTH; NO INDIVIDUAL RIGHTS
RIGHT TO PROPERTY PASSED TO MALE MEMBERS BY SURVIVORSHIP
SUB-SCHOOLS: BENARAS, MITHILA, DRAVIDA/CHENNAI, MAHARASHTRA/MUMBAI

DAYABHAGA: APPLICABLE TO BENGAL AND NORTH-EAST

RIGHTS IN JOINT FAMILY PROPERTY ACQUIRED BY INHERITANCE/ WILL

WHAT HAPPENS IF A HINDU GOVERNED BY ONE SCHOOL MIGRATES TO A REGION

GOVERNED BY ANOTHER SCHOOL, WRT UNCODIFIED HINDU LAW? (LEX LOCI)
RELEVANT ONLY FOR UNCODIFIED HINDU LAW
 DIFFERENCE BETWEEN MITAKSHARA & DAYABHAGA
SCHOOLS
Point of Difference Mitakshara School
Ownership of Property Son co-owner of property along
with father, at birth
Son can hence demand partition
even during fathers life time
Unobstructed Property
No individual rights
Rlight of Son Son has right to control
unauthorised alienations of
property by his father
Alienation Member of a joint family cannot
alienate his right
Right of Survivorship Yes
Basis of heritability Blood Relationship & Propinquity
(Agnates preferred)
Dayabhaga School
Father is the absolute owner of
the property
Son cannot demand partition till
his fathers death
Obstructed Property
Individual Rights
Son has no such right
On fathers death, sons can
alienate their shares
Share devolves on the widow
Spiritual benefit that the claimant
can confer by offering prayers for
the deceased
 NATURE OF MUSLIM PERSONAL LAW (SHARIAT) IN INDIA

SHARIAT = PATHWAY TO BE FOLLOWED/ PATH TO WATER

REVELATION OF RELIGION TO A SINGLE PERSON IS THE SPECIALITY OF MUSLIM LAW. (CHRIST
IS NOT THE FOUNDER OF CHRISTIAN LAW; JEWS BELIEVE IN A NUMBER OF PROPHETS).
A ONE-MAN LEGAL SYSTEM, CENTRES AROUND THE PERSONALITY, SAYINGS AND DOINGS OF
PROPHET MOHAMMED
COMPLETE IDENTIFICATION OF ITS ORIGIN WITH THE PERSONALITY OF THE PROPHET
WESTERN WRITERS CALL MUSLIM RELIGION AS MOHAMMEDVAD, WHICH THE MUSLIMS DONT
ACCEPT. THEY RECOGNIZE ISLAM AS A FAITH TO ONE GOD.
NO ANGEL/ PRIEST IS RECOGNIZED BY ISLAM EXCEPT THE PROPHET.
MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT 1937 LISTS OUT SPECIFIC AREAS LIKE
INTESTATE SUCCESSION, SPECIAL PROPERTY TO FEMALES, MARRIAGE & IS DISSOLUTION,
MAINTENANCE, DOWER, GUARDIANSHIP, GIFTS, TRUSTS, WAKFS
 NATURE OF MUSLIM PERSONAL LAW IN INDIA
MUSLIM CRIMINAL LAW IS SUBSTITUTED BY IPC, CRPC, EVIDENCE & CONTRACT ACTS
PROVISIONS REGARDING SLAVERY ARE CANCELLED
CHILD MARRIAGES PROHIBITED
IF A MUSLIM CONVERTS TO ANOTHER RELIGION, HE DOESNT LOSE HIS PERSONAL RIGHTS UNDER MUSLIM LAW.
AGE OF MAJORITY MADE 18 (EXCEPTIONS BEING MARRIAGE, MEHR, DIVORCE)
DISPUTES REGARDING RELIGIOUS STATUS/ PROPERTY ARE TREATED AS CIVIL DISPUTES, AND CPC GOVERNS THEM.
MUSLIM LAW OF PRE-EMPTION (PREVENTING SOMETHING FROM HAPPENING) APPLICABLE EVERYWHERE IN INDIA
COURTS ADJUDICATE UPON DISPUTES (NOT QAZIS & MULLAHS)
RULE OF LEGITIMATION BY ACKNOWLEDGEMENT UNACCEPTABLE.
SS. 494, 495 IPC ISNT APPLICABLE TO MUSLIMS
APPLICATION OF SPECIAL MARRIAGE ACT TO MUSLIMS IS DEBATABLE
DOWRY PROHIBITION ACT ISNT APPLIED TO MUSLIMS (MEHR WILL BE AFFECTED)
PROVISIONS OF TRANSFER OF PROPERTY ACT THAT ARE CONTRADICTORY TO MUSLIM LAW ARENT APPLICABLE TO
MUSLIMS
INDIAN SUCCESSION ACT WILL BE APPLICABLE IF A MUSLIM MARRIES UNDER SPECIAL MARRIAGE ACT.
 WHO IS A MUSLIM?

MUSALMAN/ MOHAMMADAN
ATA WARIS V. S.A. KHAN, PLD 1959 LAH 205 (PAKISTAN):
A PERSON WHO READS KALMA EVEN ONCE, BELIEVES IN THE UNITY OF GOD & THAT THE
PROPHET MOHAMMED (PBUH) IS THE LAST PROPHET & PROFESSES TO BE A MUSALMAN MUST
BE ACCEPTED AS SUCH.
ALMOST 15 KINDS/ SECTS OF MUSLIMS IN INDIA
 SECTS OF MUSLIMS IN INDIA

AHMEDIA DAKHNI & KONKANI MEO

MOLESALAM GARASIA
CUTCHI MEMON
MOPLA
HALAI MEMON
KARKHANADAR
SHIA
GURJAR
KHOJA AHLE QURAN
DAUDI & SULAIMANI BOHRA MAHAL-A-HADITH

SUNNI BOHRA KADIYAMI

 SHIAS & SUNNIS

DISPUTE AS TO WHO WILL BE THE CALIPH OF ARABIA AFTER PROPHET MOHAMMADS DEATH
SHIAS WANTED PROPHETS SON-IN-LAW, ALI, TO BE THE CALIPH (SUCCESSION TO CALIPHATE
TO REMAIN WITHIN FAMILY)
SUNNIS WANTED ELECTION
PROPHETS WIFE, AYESHA, WAS AGAINST HER SON-IN-LAW BECOMING THE CALIPH
SO SHE SUPPORTED HER FATHER, ABU BAKR TO BECOME THE FIRST CALIPH AFTER PROPHET
ALI WAS THE FOURTH CALIPH, AFTER UMAR & USMAN
ALI WAS LATER KILLED
 DIFFERENCE BETWEEN SHIAS & SUNNIS
Basis of Difference Shias
Traditions/ Established Practices Didnt accept the interpretations of
the Quran by Prophets successors
Commands Oral commands of Prophet valid
only if they are in consonance with
Quran
Sources Accept only Quran, Hadith, Ijma
Spiritual & Worldly (political) Imam doesnt wield any
Power spiritual/worldly power; both are
different
Gaining of Caliphate Within Prophets pedigree/
progeny
Caliphate Recognise only Ali as their Caliph
(not the first three); only Hasan &
Hussain as their Imams
Branches 3 sub-branches
Schools 4 4
Sunnis
Accepted the Successors
interpretations
Only the commands of the caliphs
were supplementary to Quran (no
Imams)
Accept Quran, Hadith, Ijma, Qiyas,
customs, judicial decisions, justice,
equity & good conscience
Caliph = Imam
Election
Recognise everyone as Caliphs
4 sub-branches
 SOURCES OF MUSLIM LAW: ANCIENT SOURCES

QURAN:
DIVINE REVELATION TO THE PROPHET IN THE LAST 23 YEARS OF HIS LIFE, WRITTEN DOWN 18
YEARS AFTER HIS DEATH; IN ARABIC; CONTAINS MORAL COMMANDS
K. P. SAXENA: QURAN IS A DIVINE COMMUNICATION & REVELATION TO THE PROPHET OF
ISLAM & MAY APTLY BE SAID TO BE THE FIRST AND THE GREAT LEGISLATIVE CODE OF ISLAM.
 SOURCES OF MUSLIM LAW

HADITH/ TRADITION
PRECEPTS, ACTIONS, SAYINGS OF THE PROPHET, WRITTEN DOWN AFTER HIS DEATH
COLLECTIVELY, HADITHS ARE CALLED SUNNA
INCLUDE PRONOUNCEMENTS MADE BY THE PROPHET ON THE OCCASIONS WHEN QUESTIONS
AROSE FOR HIS DECISION

DIVIDED INTO TWO GROUPS:

SACRED HADITH: GOD HIMSELF SPEAKING
NOBLE HADITH: PROPHETS OWN ACTS & UTTERANCES
 SOURCES OF MUSLIM LAW

IJMA
AGREEMENT OF MUSLIM JURISTS OF ANY PARTICULAR AGE ON QUESTIONS OF LAW
DOGMATIC OPINION DELIVERED BY A COUNCIL OF DOCTORS
SHIAS OPINE THAT IJMAS ARE TRUE FOREVER & UNCHANGEABLE
SUNNIS DONT SUBSCRIBE TO THIS BLIND FOLLOWING OF STATIC OPINION
 SOURCES OF MUSLIM LAW

QIYAS
ANALOGICAL DEDUCTIONS
DERIVED FROM THE COMPARISON OF THE ABOVE THREE SOURCES
WHENEVER JURISTS CONFRONTED WITH A PECULIAR CASE TO WHICH NONE OF THE ABOVE
THREE SOURCES DIRECTLY APPLY, CONCLUSION IS DEDUCED BY APPLYING THE REASON OF
THE ABOVE MENTIONED SOURCES AND TEXTS.
SHIAS DONT ACCEPT THIS AS A SOURCE OF MUSLIM LAW
 MODERN SOURCES OF MUSLIM LAW

CUSTOMS: CHARACTERISTICS
LEGAL FICTIONS
LEGISLATIONS
JUDICIAL DECISIONS
EQUITY, JUSTICE, GOOD CONSCIENCE
 AKBAR ALI V. MOHAMMED ALI, (1932)34 BOM LR
655.
WHETHER THE RELIGIOUS HEAD (MULLA SAHIB) OF THE DANDI BOHRA COMMUNITY HAS THE
AUTHORITY TO EXCLUDE A PARTICULAR PERSON(S) FROM JOINING THE COLLECTIVE NAMAZ
HELD NO, HE DOESNT.
NO CUSTOM GIVES HIM THAT POWER.
 NATURE OF CHRISTIAN LAW

CHRISTIANITY WAS FOUNDED IN JUDAEA (MODERN ISRAEL) ABOUT 2000 YEARS AGO BY JESUS OF
NAZARETH.
BEFORE CHRISTIANITY, WESTERN EUROPEAN CULTURES RECOGNIZED MORE THAN ONE FORM OF
SOCIALLY ACCEPTABLE & BINDING UNION BETWEEN MEN & WOMEN. BOTH MARRIAGE &
CONCUBINAGE WERE SOCIALLY AND LEGALLY ACCEPTED.
AFTER 3 CENTURIES, IT BECAME OFFICIAL RELIGION OF ROMAN EMPIRE
ROMAN CATHOLIC CHURCH BUILT A LARGE & COMPLEX LEGAL SYSTEM OF ITS OWN
3 BRANCHES OF CHRISTIANITY: PROTESTANT, CATHOLIC & EASTERN ORTHODOX
3 PRIMARY ELEMENTS OF A VALID CHRISTIAN MARRIAGE:
1. CONSENT
2. PRESENCE OF CLERGY
3. CONSUMMATION
 WHO IS A CHRISTIAN?

SECTION 3, CHRISTIAN MARRIAGE ACT 1872:

CHRISTIAN MEANS A PERSON PROFESSING THE CHRISTIAN RELIGION
INDIAN CHRISTIANS INCLUDE CHRISTIAN DESCENDANTS OF NATIVES OF INDIA CONVERTED TO
CHRISTIANITY.

SECTION 2(D), INDIAN SUCCESSION ACT:

NATIVE OF INDIA WHO IS, OR IN GOOD FAITH CLAIMS TO BE, OF UNMIXED ASIATIC DESCENT AND
WHO PROFESSES ANY FORM OF CHRISTIANITY

KTB DAVID V. NILAMONI DEVI, AIR 1953 ORI 10:

THOUGH NOT BAPTISED, ANY PERSON PROFESSING CHRISTIAN RELIGION IS A CHRISTIAN FOR THE
PURPOSES OF CHRISTIAN MARRIAGE ACT.
 SOURCES OF CHRISTIAN LAW

TRADITIONAL SOURCE: THE BIBLE

MODERN SOURCES:
LEGISLATIONS:
CHRISTIAN MARRIAGE ACT 1872: SOLEMNIZATION OF MARRIAGE, REGISTRATION, ISSUANCE OF
MARRIAGE CERTIFICATE, ETC.; APPLIES TO ALL CHRISTIANS MARRIED IN INDIA, IRRESPECTIVE OF
NATIONALITY, DOMICILE
(INDIAN) DIVORCE ACT, 1869: MATRIMONIAL RELIEFS LIKE NULLITY OF MARRIAGE, JUDICIAL
SEPARATION, RESTITUTION OF CONJUGAL RIGHTS, ALIMONY, CHILD CUSTODY
 NATURE OF PARSI LAW

PARSIS CAME FROM PERS/ PARS PROVINCE OF PERSIA (MODERN DAY IRAN)
THEY FLED THEIR LAND BECAUSE THE MUSLIM RULERS FORCEFULLY STARTED CONVERTING
THEM TO ISLAM, THEY WERE THREATENED OF BEING KILLED
THEY FLED TO WESTERN EUROPE AND NORTH INDIA, AND SETTLED IN GUJARAT.
THEIR TOTAL POPULATION IN INDIA IS 90,000 ONLY (0.014% OF THE INDIAN POPULATION)
THEY WERE LARGELY GOVERNED BY THEIR CUSTOMS, THEY WORSHIP ALL ELEMENTS OF
NATURE, LIKE, SUN, FIRE, EARTH, WATER.
THEY BASICALLY ARE PERSIAN IMMIGRANTS
 WHO IS A PARSI (ZOROASTRIAN)?

DESCENDANTS OF ORIGINAL PERSIAN IMMIGRANTS

BORN OF ZOROASTRIAN PARENTS
PROFESS ZOROASTRIAN FAITH
PERSONS WHOSE FATHER IS A PARSI, AND MOTHER AN ALIEN, BUT ADMITTED TO
ZOROASTRIAN FAITH
ZOROASTRIANS FROM IRAN WHO ARE TEMPORARILY/ PERMANENTLY RESIDING IN INDIA
 SOURCES OF PARSI LAW

CUSTOMS
LEGISLATIONS: PARSI MARRIAGE & DIVORCE ACT 1936: MARRIAGE & DISSOLUTION
 NATURE OF JEWISH LAW

GOVERNED BY SECULAR LAWS OF INDIA, THEY DONT HAVE THEIR SEPARATE LAWS
JEWS FOLLOW JUDAISM, AND ARE THE ORIGINAL INHABITANTS OF JERUSALEM
JUDAISM IS A SET OF BELIEFS &PRACTICES ORIGINATING IN THE HEBREW BIBLE (OLD
TESTAMENT).
 WHO IS A JEW?

ANY PERSON WHO PROFESSES/ PRACTICES JEWISH RELIGION IS A JEW.

EVEN IF A PERSON SHOWS SOME DEGREE OF JEWNESS, HE IS A JEW.
HE NEEDNT STRICTLY FOLLOW ALL THE CUSTOMS.
IF A PERSON ISNT A JEW IN ANY DEGREE, HE ISNT A JEW.
 SOURCES OF JEWISH LAW

TRADITIONAL SOURCE: TORAH & TALMUD:

TWO AMONG THE FIRST FIVE BOOKS OF THE JEWISH BIBLICAL CANNON, AND INCLUDES ALL OF
JUDAISMS LEGAL & RELIGIOUS TEXTS, WITH RELIGIOUS, MORAL, CEREMONIAL, JUDICIAL & CIVIL
DIRECTIONS ISSUED BY PRIESTS & SCRIBES.613 COMMANDMENTS IN TORAH

MODERN SOURCE: SECULAR LEGISLATIONS

SPECIAL MARRIAGE ACT 1954
INDIAN SUCCESSION ACT
MAJORITY ACT 1875
GUARDIANS AND WARDS ACT 1890
PROHIBITION OF CHILD MARRIAGE ACT 2006
PWDV ACT 2005
FAMILY COURTS ACT 1984
 IS THERE A NEED FOR CODIFICATION OF PERSONAL LAWS?

Advantages Disadvantages
Of utility to Judges, people, government Impossible to have a complete & self sufficient code
Saves labour Comments & decisions may overburden codification,
and hence code may become useless
Cheapens litigation cost Affects the natural growth & elasticity of law
Minimises errors from untrained judges Makes the defects in the law more clear, hence
encouraging misuse
Settles disputed questions
Prevents insertion of technicalities & unsuited doctrines
Helps in reforming personal laws
Diffuses accurate knowledge to people about their
rights and duties
Makes law accurate, certain, precise
Brings unity in legal sphere
DO WE NEED A UNIFORM CIVIL CODE?
 A HAPPY MARRIAGE IS A HARBOUR IN THE TEMPEST
OF LIFE, AN UNHAPPY MARRIAGE IS A TEMPEST IN THE
HARBOUR OF LIFE.

J. PETIT-SENN
 WHAT IS MARRIAGE?

STABLE, SOCIALLY PERMITTED, VOLUNTARY, EXCLUSIVE UNION BETWEEN A MALE AND A FEMALE (IN
INDIA)
CIVIL & RELIGIOUS CONTRACT
MAZUMDAR: MARRIAGE IS A SOCIALLY SANCTIONED UNION OF MALE AND FEMALE, OR A
SECONDARY INSTITUTION DEVISED BY SOCIETY TO SANCTION THE UNION & MATING OF MALE &
FEMALE FOR THE PURPOSES OF:
ESTABLISHING HOUSEHOLD
ENTERING INTO SEX RELATIONS
PROCREATING CHILDREN
PROVIDING CARE FOR THE OFFSPRING
 MARRIAGE UNDER DIFFERENT RELIGIONS
Hindus Muslims (Nikah) Christians Parsis Jews
Before HMA: Civil contract, the Contract solemnised A contract, Civil Contract under
-A Sacrament, object of which is by a minister of ceremony of SMA 1954
indissoluble union to mutual enjoyment religion, licensed ashirwad by a
beget a son for and procreating & under s. 9, CMA priest is essential for
salvation & to legalizing the its validity
discharge religious children; also a
& secular duties. religious duty
(ibadat)
After HMA: -Preservation of Nachimson v. Ashirwad is a Written marital
-Both a contract & a species Nachimson, (1930) 1 prayer/ exhortation contract between
sacrament -Fixing descent and D, p.271: to the parties to Jews is called
-No more -Restraining men observe their Katuba
indissoluble/perman from debauchery It should be the marital obligations
ent -Encouragement of intention of the
-Divorce & chastity parties when they
remarriage allowed -Promoting love & enter into marriage
union betn. that it should last for
Husband-wife life.
-Mutual help in
earning livelihood
MARRIAGE DIFFERS FROM A PURE CIVIL CONTRACT IN THE
FOLLOWING WAYS:
1. CAPACITY TO MARRY
2. FORMALITIES OF MARRIAGE
3. GROUNDS OF VOID & VOIDABLE MARRIAGE (EG: MINORS MARRIAGE)
4. AVOIDANCE OF MARRIAGE (CANT HAPPEN BY REPUDIATION)
5. DISSOLUTION OF MARRIAGE (CANT HAPPEN BY AGREEMENT/FRUSTRATION/BREACH)
6. TERMS OF MARRIAGE CONTRACT (NOT FREE TO PUT ANY TERMS)
 CAN ENGAGEMENTS BE CONSIDERED AS
ENFORCEABLE CONTRACTS?
NO.
SUIT FOR SPECIFIC PERFORMANCE OF MARRIAGE AGREEMENT IS NOT MAINTAINABLE
INJUNCTION CANNOT BE ISSUED AGAINST A PERSON WHO GETS MARRIED IN BREACH OF
MARRIAGE AGREEMENT
BUT, ON BREACH OF A MARRIAGE AGREEMENT, MONEY, JEWELRY, EXPENSES INCURRED FOR
ENGAGEMENT CEREMONY ARE RECOVERABLE.
S. 26, INDIAN CONTRACT ACT:
EVERY AGREEMENT IN RESTRAINT OF MARRIAGE OF ANY PERSON, OTHER THAN A MINOR, IS VOID.
 FORMS OF MARRIAGE
1. POLYANDRY (FRATERNAL OR NON-FRATERNAL) ONE WIFE, MANY HUSBANDS
2. POLYGAMY/ POLYGYNY
3. HYPERGAMY MARRIAGE OF DAUGHTER IN A HIGHER CLASS/CASTE FAMILY
4. LEVIRATE MARRYING CHILDLESS WIDOW OF ONES BROTHER
5. SORORATE MARRYING SISTER OF DECEASED WIFE
6. SORORAL POLYGAMY MAN MARRYING SEVERAL SISTERS
7. ANULOMA MARRIAGE UPPER CASTE MAN, LOWER CASTE WOMAN
8. PRATILOMA MARRIAGE UPPER CASTE WOMAN, LOWER CASTE MAN
9. CONCUBINAGE LIVING TOGETHER WITHOUT MARRIAGE
10. EXOGAMY OUTSIDE FAMILY/COMMUNITY
11. ENDOGAMY WITHIN COMMUNITY
 RIGHT TO MARRY

ARTICLE 16, UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948

1. MEN & WOMEN OF FULL AGE, WITHOUT ANY LIMITATION DUE TO RACE, NATIONALITY OR
RELIGION, HAVE THE RIGHT TO MARRY AND TO FOUND A FAMILY. THEY ARE ENTITLED TO EQUAL
RIGHTS AS TO MARRIAGE, DURING MARRIAGE AND AT ITS DISSOLUTION.
2. MARRIAGE SHALL BE ENTERED INTO ONLY WITH FREE AND FULL CONSENT OF THE INTENDING
SPOUSES.
3. THE FAMILY IS THE NATURAL & FUNDAMENTAL GROUP OF SOCIETY AND IS ENTITLED TO
PROTECTION BY SOCIETY AND THE STATE.
ARTICLE 21, CONSTITUTION OF INDIA
NO PERSON SHALL BE DEPRIVED OF HIS LIFE OR PERSONAL LIBERTY EXCEPT ACCORDING TO
PROCEDURE ESTABLISHED BY LAW.
 MR. X V. HOSPITAL Z, (1998) 8 SCC 296.

IS RIGHT TO MARRY AN ABSOLUTE RIGHT?

A SURGEON IN NAGALAND STATE HEALTH SERVICE DONATED BLOOD TO A SURGERY PATIENT IN A MADRAS
HOSPITAL. HIS BLOOD SAMPLE REVEALED THAT HE WAS HIV+, WHICH WAS UNKNOWN TO HIM. HIS MARRIAGE
WAS SCHEDULED, BY WHICH TIME HIS BLOOD REPORT GOT LEAKED AND HIS MARRIAGE BROKE. HE
APPROACHED THE CONSUMER DISPUTES REDRESSAL COMMISSION TO CLAIM DAMAGES AGAINST THE
HOSPITAL. CASE DISMISSED. APPROACHED SUPREME COURT.
SC (DIVISION BENCH) NO. RIGHT REMAINS SUSPENDED UNTIL THE AFFLICTED PERSON IS CURED. IF AN
AFFLICTED PERSON MARRIES A NON-AFFLICTED PERSON, EVEN WITH HIS/HER CONSENT, S/HE WOULD
COMMIT OFFENCES U/S. 269, 270 OF IPC (NEGLIGENT/ MALIGNANT ACT LIKELY TO SPREAD INFECTION OF
DISEASE DANGEROUS TO LIFE)
OVERRULED BY A 3-JUDGE BENCH IN 2003: ANY AFFLICTED PERSON CAN MARRY A NON-AFFLICTED PERSON,
OR 2 AFFLICTED PERSONS CAN MARRY EACH OTHER WITHOUT ANY LEGAL BAR, PROVIDED THERE IS
KNOWLEDGE AND INFORMED CONSENT FOR THE SAME.
 LATA SINGH V. STATE OF U.P., AIR 2006 SC 2522.

THREATS, COMPLAINTS, ARRESTS & CRIMINAL CASES AGAINST INTER-CASTE MARRIAGE

WRIT PETITION U/A 32, CONSTITUTION OF INDIA: PRAYER FOR ISSUING CERTIORARI/
MANDAMUS FOR QUASHING TRIALS IN LOWER COURTS AGAINST HER HUSBAND AND HIS
RELATIVES
SC RIGHT TO MARRY ANYONE UPHELD. INTER-CASTE MARRIAGES ARE IN THE NATIONAL
INTEREST & WILL DESTROY THE CASTE SYSTEM.
 NATURE & OBJECTS OF MARRIAGE

SOCIAL & RELIGIOUS INSTITUTION ORDAINED BY GOD (CHRISTIANS, PARSIS, JEWS)

CONTROL SEXUAL ACTIVITIES
Hindus & Muslims
SYSTEMATIZE FAMILY LIFE
PROCREATE CHILDREN
PERFORM RELIGIOUS CEREMONIES & ATTAIN SALVATION (HINDUS)
 KINDS OF MARRIAGE
Valid (Sahih) Void (Batil) Voidable Irregular (Fasid)
Contracted following Has no legal status; Valid till Court passes nullity Lack of some formality/ existence of
all required legal Void ab initio decree some impediment which can be
procedures rectified

Parties have many -Never having taken place; no -Parties have all rights & Rights & obligations are based on
rights & obligations ensuing rights & obligations obligations like a valid consummation:
wrt each other marriage till Court passes -Before consummation:
-Parties can have second decree No legal effect
marriage -After consummation:
Eg: Nikah -Parties cannot have a second 1)wife is entitled to dower
(permanent), Nikah Wife cannot get maintence marriage till voidable (prompt/deferred, whichever is less)
Mutah (temporary) marriage is annulled 2)Wife is bound to observe iddat (in
case of death/divorce) for 3 courses
-Wife can get maintenance 3)Children are legitimate

Declared null at the Declared null at the instance of Declared null at the instance May be terminated by either party,
instance of either either party, but recourse to of AGGRIEVED PARTY, only either before or after consummation
party Court isnt compulsory a Court can annul it
 ESSENTIALS OF A VALID MARRIAGE
HMA 1955 Muslim Law CMA 1872 + IDA 1869 PMDA 1936 SMA 1954 FMA 1969
RELIGION Both Hindus Male: Muslim, Christian, At least 1 party should Both Parsis Any two At least 1 party
s. 5 Jew be a Christian Ch. II heterosexual should be Indian
Female: Only Muslim s. 4, CMA parties (s. 4) citizen (s. 4)
MARRIAGE Customs Offer+ Acceptance+ I call upon.. Ashirwad Accept each I, AB, take
RITUALS s. 7 Dower ss. 9, 60, CMA s. 3 other.. (s. 12) s. 13
BIGAMY Void Valid Void Void Void Void
s. 5 s. 60, CMA s. 4 ss. 4, 24 s.4+SMA
CHILD Neither Void nor Valid (with Guardians Valid (with Guardians Void Void Void
MARRIAGE/ AGE Voidable consent) consent) s. 3(c) ss. 24, 4(c) s. 4 + SMA
OF MARRIAGE ss. 11, 12 Option of Puberty s. 19, CMA
UNSOUND MIND Voidable Valid (with Guardians Voidable Ground for Void Void
s. 12 consent) ss. 10, 19, IDA Divorce ss. 4, 24 s. 4 + SMA
s. 32
IMPOTENT Voidable Ground for Divorce Ground for Nullity Void Void Void
s. 12 Decree s. 30 s. 24 s. 24, SMA
s. 19. IDA
WITNESSES Not required 2 men or 1 man + 2 2 witnesses 2 Parsi witnesses 3 witnesses 3 witnesses
women s. 25, CMA s. 3 s. 12 s. 13
INVALID Voidable Void Void No provision Voidable Voidable
CONSENT s. 12 s. 19, IDA s. 25 s. 25, SMA
WIFE PREGNANT Voidable Voidable Ground for Annulment Ground for Voidable Voidable
 HINDU MARRIAGE ACT, 1955
AN ACT TO AMEND & CODIFY THE LAW RELATING TO MARRIAGE AMONG HINDUS

29 SECTIONS, 6 PARTS
PART I PRELIMINARY (SS. 1-4)
PART II HINDU MARRIAGES (SS. 5-8: CONDITIONS, CEREMONIES, REGISTRATION)
PART III RCR & JUDICIAL SEPARATION (SS. 9-10)
PART IV NULLITY OF MARRIAGE & DIVORCE (SS. 11-18)
PART V JURISDICTION & PROCEDURE (SS. 19-28A)
PART VI SAVINGS & REPEALS (SS. 29-30)
 HMA 1955

TERRITORIAL APPLICATION APPLIES TO EVERY HINDU DOMICILED IN INDIA, THOUGH THEY

MAY BE RESIDING OUTSIDE INDIA, INCLUDING J&K
DEFINES HINDU, DOESNT APPLY TO SCHEDULED TRIBES
 CERTAIN TERMINOLOGIES

FULL BLOOD S.3(C), HMA 1955 DESCENDED FROM A COMMON ANCESTOR BY THE SAME
WIFE
HALF BLOOD S.3(C), HMA 1955 DESCENDED FROM A COMMON ANCESTOR BY DIFFERENT
WIVES
UTERINE BLOOD S.3(D), HMA 1955 DESCENDED FROM A COMMON ANCESTRESS BY
DIFFERENT HUSBANDS
SAPINDA RELATIONSHIP S.3(F)(I), HMA 1955 3RD GENERATION OF ASCENT THROUGH
MOTHER, 5TH GENERATION OF ASCENT THROUGH FATHER
 S.3(G), HMA 1955 DEGREES OF PROHIBITED
RELATIONSHIP:
THROUGH BLOOD, ADOPTION, (IL)LEGITIMATE/ FULL, HALF, UTERINE BLOOD

LINEAL ASCENDENTS
SPOUSE OF A LINEAL ASCENDANT/ DESCENDANT
BROTHERS WIFE
FATHERS BROTHER
MOTHERS BROTHER
GRANDFATHERS BROTHER
GRANDMOTHERS BROTHER
SIBLINGS
UNCLE-NIECE
AUNT-NEPHEW
 HINDU MARRIAGE ACT 1955 (29 SECTIONS)

S.5 CONDITIONS FOR A HINDU MARRIAGE

MONOGAMY
SOUND MIND
MAJORITY
NOT WITHIN PROHIBITED DEGREES OF RELATIONSHIP
NOT SAPINDAS OF EACH OTHER (EXCEPTION: CUSTOMS OF BOTH OF THEM)

S.7 CEREMONIES FOR A HINDU MARRIAGE

CUSTOMARY RITES OF EITHER OF THE PARTIES
IF SAPTAPADI IS A PART OF THEIR CUSTOM, MARRIAGE IS COMPLETE ON THE 7TH STEP

S.8 REGISTRATION OF HINDU MARRIAGES

COMPULSORY, DEPENDING ON STATE GOVT. LEGISLATIONS
 RELIGION
GULLIPILLI SOWRIA RAJ V. BANDARU PAVANI, (2009)
1 SCC 714
MARRIAGE BETWEEN A HINDU AND A NON-HINDU UNDER HMA IS NULL & VOID.
A CATHOLIC CHRISTIAN MAN MARRIED A HINDU WOMAN IN A TEMPLE, ACCORDING TO
HINDU RITES & CEREMONIES, AND THEY REGISTERED THE MARRIAGE U/S 8, HMA.
LATER, THE HINDU WIFE FILED PETITION TO DECLARE MARRIAGE VOID, ON THE GROUND THAT
HUSBAND WAS A NON-HINDU.
HELD VOID MARRIAGE
 BIGAMY
RAMESHCHANDRA DAGA V. RAMESHWARI DAGA, (2005) 2
SCC 33.
A BIGAMOUS MARRIAGE UNDER HMA IS NULL & VOID.
A WOMAN WAS INITIALLY MARRIED TO G, WITH WHOM SHE EXECUTED & REGISTERED A
DOCUMENT OF DISSOLUTION OF MARRIAGE. THIS DOCUMENT WAS SHOWN TO THE
CURRENT HUSBAND DURING THEIR MARRIAGE. AFTER A CHILD WAS BORN TO THEM, THIS
HUSBAND STARTED ILL TREATING HER. SHE FILED FOR JUDICIAL SEPARATION & MAINTENANCE.
HELD BIGAMOUS MARRIAGES CAN BE ILLEGAL IN LAW, BUT CANNOT BE HELD TO BE
IMMORAL, SO AS TO DENY MAINTENANCE TO AN AFFECTED SPOUSE FINANCIALLY WEAK AND
ECONOMICALLY DEPENDENT. AN ILLEGAL WIFE IS ENTITLED TO ALIMONY ON PASSING OF
DECREE OF NULLITY (CONSTRUCTIVE INTERPRETATION OF S. 25, HMA)
 RIGHTS OF THE SECOND WIFE & HER CHILDREN

SECOND WIFE CAN FILE FOR A DECREE OF NULLITY TO FACILITIATE HER TO HAVE INTERIM
ORDER OF PERMANENT MAINTENANCE.
CHILDREN OF SECOND MARRIAGE ARE TREATED BY LEGAL FICTION AS LEGITIMATE, FOR THE
LIMITED PURPOSE OF INHERITING FROM THE PARENTS.
FIRST WIFE CANNOT FILE NULLITY PETITION FOR THE SECOND MARRIAGE.
BUT, SHE CAN FILE A CIVIL SUIT TO DECLARE HER HUSBANDS SECOND MARRIAGE AS VOID (S.
9, CPC CIVIL SUITS & S. 34, SPECIFIC RELIEF ACT DECLARATION OF STATUS/RIGHT)
 RIGHTS OF ILLEGITIMATE CHILDREN
REVANSIDDAPPA V. MALLIKARJUN, 2011 (86) ALR 450.

IN THE CASE OF A JOINT FAMILY PROPERTY, ILLEGITIMATE CHILDREN WILL BE ENTITLED ONLY
TO A SHARE IN THEIR PARENTS PROPERTY, BUT THEY CANNOT CLAIM IT ON THEIR OWN RIGHT.
ON PARTITION OF ANCESTRAL PROPERTY, PROPERTY FALLING IN THE SHARE OF PARENTS OF
ILLEGITIMATE CHILDREN IS REGARDED AS SELF-ACQUIRED & ABSOLUTE PROPERTY.
 MAINTENANCE TO SECOND WIFE & HER
CHILDREN
BADSHAH V. URMILA GODSE, (2014) 1 SCC 188.
BADSHAH WAS INITIALLY MARRIED TO SHOBHA. HE THEN MARRIED URMILA. BADSHAH &
SHOBHA ASKED URMILA TO ENDURE, OR TO GO BACK TO HER PARENTS. EVEN WHILE URMILA
WAS CARRYING BADSHAHS CHILD IN HER WOMB, SHE WAS MENTALLY & PHYSICALLY
TORTURED BY HIM. SHE CLAIMED MAINTENANCE.
S. 125, CRPC CREATIVELY INTERPRETED TO REMEDY THE CAUSE FOR WHICH IT WAS
LEGISLATED PROTECTION OF VULNERABLE & MARGINALISED IN THE SOCIETY. SOCIAL
JUSTICE IS A PREAMBULAR GOAL OF OUR CONSTITUTION. HENCE, URMILA AND HER CHILD
GOT MAINTENANCE.
 BIGAMY AFTER CONVERSION
SARLA MUDGAL V. UOI, (1995) 3 SCC 635
CAN A MARRIED HINDU MAN VALIDLY REMARRY AFTER CONVERTING TO ISLAM?
4 PETITIONS WERE FILED U/A 32 OF THE CONSTITUTION. THE HUSBAND HAD CONVERTED TO
ISLAM AND HAD REMARRIED, EVEN THOUGH HIS FIRST MARRIAGE UNDER HINDU LAW WAS
STILL SUBSISTING.
HELD IF A PERSON CONVERTS MERELY TO REMARRY, THE SECOND MARRIAGE WILL BE VOID,
AND THE MAN WILL BE BOOKED FOR BIGAMY U/S 494, IPC. MERE CONVERSION DOESNT
DISSOLVE MARRIAGE
UCC
 BIGAMY AFTER CONVERSION
LILY THOMAS V. UOI, (2000) 6 SCC 224.
CAN A HINDU HUSBAND CONVERT TO ISLAM AND MARRY AGAIN DURING THE
SUBSISTENCE OF HIS FIRST MARRIAGE?
WHETHER THE HUSBAND WOULD BE GUILTY OF BIGAMY THOUGH HIS NEW RELIGION
PERMITS POLYGAMY?
 INVALID CONSENT
BABUI PANMATO KUER V. RAM AGYA SINGH, AIR 1968 PAT
190
IF THE CONSENT OF A PARTY TO A MARRIAGE UNDER THE HMA IS OBTAINED BY FRAUD,
WHETHER SUCH MARRIAGE IS VOIDABLE?
BABUI WAS MARRIED TO RAM UNDER HMA. BABUIS FATHER HAD OBTAINED HER CONSENT TO
MARRIAGE BY FRAUDULENT MISREPRESENTATION ABOUT THE AGE & FINANCIAL CONDITION
OF RAM, KNOWING THEM NOT TO BE TRUE. BABUI FILED A PETITION FOR DISSOLUTION OF
MARRIAGE ON THE GROUND OF FRAUD.
S. 12(I)(C), HMA VOIDABLE
 FRAUDULENT CONSENT
ASHA QURESHI V. AFAQ QURESHI, AIR 2002 MP 263.
ASHA WAS A WIDOW AT THE TIME OF MARRIAGE WITH AFAQ. BUT, SHE HADNT DISCLOSED
THIS TO HIM.
SUCH ACTIVE CONCEALMENT/ SUPPRESSION OF A MATERIAL FACT AMOUNTS TO FRAUD
WITHIN THE MEANING OF S. 12.
THUS, AFAQ IS ENTITLED TO A DECREE OF NULLITY
 WHAT IS UNSOUNDNESS OF MIND?

IDIOCY = CONGENITAL/ PERMANENT DISABILITY

LUNACY = LUCID INTERVALS
RECURRENT ATTACKS OF EPILEPSY
SCHIZOPHRENIA
EPILEPSY IF CURABLE , CANNOT BE INTERPRETED TO VITIATE THE MARRIAGE
EVERY MENTAL DISORDER WILL NOT GIVE RISE TO REMEDY U/S 12, BUT ONLY THAT MENTAL
DISORDER WHICH RENDERS THE PARTY UNFIT FOR MARRIAGE & PROCREATION
IN ALL THESE CASES, MARRIAGE IS VOIDABLE
 IMPOTENCY
SAMIR ADHIKARY V. KRISHNA ADHIKARY, (2010) 1 ICC 115
(CAL)
DOES NON-CONSUMMATION OF MARRIAGE OWING TO IMPOTENCY OF PARTNER RENDER
MARRIAGE VOIDABLE?
INFERTILITY/ STERILITY = IMPOTENCY?
COUPLE WERE MARRIED, MARRIAGE WAS CONSUMMATED, BUT KRISHNA (THE WIFE), WAS
INFERTILE, SHE COULDNT GIVE BIRTH TO A CHILD. SAMIR FILED A SUIT FOR ANNULLING THE
MARRIAGE.
INFERTILITY IS NOT EQUAL TO IMPOTENCY. HENCE MARRIAGE IS VALID, CANNOT BE ANNULLED.
 PARTY BECOMES IMPOTENT AFTER MARRIAGE

MARRIAGE COULD BE ANNULLED BY A DECREE OF NULLITY TREATING IT AS A VOIDABLE

MARRIAGE
THE QUESTION IS WHETHER THE MARRIAGE HAS NOT BEEN CONSUMMATED OWING TO THE
RESPONDENTS IMPOTENCE.
AMENDMENT TO S. 12, THE MARRIAGE LAWS (AMENDMENT) ACT 1976
CONDITIONS FOR DIVORCE ARE LAID DOWN BY LAW, AND CANNOT BE ALTERED BY
AGREEMENT BETWEEN PARTIES.
 MARRIAGE WITH A EUNUCH (CASTRATED MEN)

EQUATED WITH MARRIAGE WITH IMPOTENT PERSON

PARMASWAMI V. SOMATHAMMAL, AIR 1969 MAD 124.
 WIFE PREGNANT BEFORE MARRIAGE BY
SOMEONE ELSE
B. VANDANA KUMARI V. P. PRAVEEN KUMAR, (2007) 50 AIC
803 (AP)
DOES WIFES PREGNANCY PRIOR TO MARRIAGE BY SOME PERSON OTHER THAN THE
HUSBAND MAKE THE MARRIAGE VOIDABLE?
DATE OF MARRIAGE: MAY 23, 2002
DATE OF CONSUMMATION: MAY 23, 2002
CHILD BORN ON: FEB 28, 2003
BURDEN OF PROOF IS ON THE HUSBAND
 HUSBAND CAN GO TO THE COURT ONLY IF:

HE WAS IGNORANT OF HER PREGNANCY AT THE TIME OF THEIR MARRIAGE

HE DIDNT HAVE SEXUAL INTERCOURSE AFTER DISCOVERING THE FACT
THE PETITION FOR NULLITY IS BROUGHT WITHIN ONE YEAR FROM THE DATE OF MARRIAGE
 CHILD MARRIAGE
VENKATARAMANA V. STATE, AIR 1977 AP 43
IS A CHILD MARRIAGE VOID AB INITIO?
A & B GOT MARRIED IN 1959. AT THE TIME OF MARRIAGE, HUSBAND WAS 13 YEARS OLD, &
WIFE WAS 9 YEARS OLD. LATER, THE HUSBAND MARRIED ANOTHER GIRL, DURING THE
SUBSISTENCE OF THE FIRST MARRIAGE. THE WIFE FILED A COMPLAINT U/S 494, IPC.
ONLY CONSEQUENCE OF A CHILD MARRIAGE IS, PERPETRATORS WILL BE PUNISHABLE U/S 18,
AND U/S 13, AN OPTION TO REPUDIATE THE MARRIAGE IS GIVEN TO THE WIFE IF SHE IS
BELOW 15, ONCE SHE CROSSES THIS AGE. SHE HAS TO REPUDIATE BEFORE SHE TURNS 18.
 CHILD MARRIAGE

DOCTRINE OF FACTUM VALET: WHATS NOT TO BE DONE, BECOMES VALID WHEN ITS DONE.
S. 13(2)(IV): WIFE CAN FILE DIVORCE PETITION WHEN SHE IS BETWEEN 15-18 YEARS OLD, IF
SHE WAS MARRIED BEFORE SHE WAS 15.
 MARRIAGE RITUALS
SHANKAR LOKHANDE V. STATE OF MAHARASHTRA, AIR 1965
SC 1564
IS A MARRIAGE UNDER HMA VALID, IF ESSENTIAL CEREMONIES ARENT PERFORMED?
SHANKAR MARRIED INDUBAI IN 1956. IN 1962, WHEN INDUBAI WAS STILL ALIVE, HE MARRIED
KAMLABAI, WITHOUT PERFORMING ESSENTIAL CEREMONIES. INDUBAI FILED A COMPLAINT U/S
494, IPC.
WILL SHE SUCCEED?
 NEED FOR SAPTAPADI
S. NAGALINGAM V. SIVAGAMI, (2001) 7 SCC 487
SAPTAPADI IS NOT A PART OF THE PARTIES CUSTOM. HENCE THEY PERFORMED MARRIAGE
WITHOUT SAPTAPADI. IS THE MARRIAGE VALID?
NAGALINGAM MARRIED ANOTHER WOMAN (WITHOUT SAPTAPADI), WHEN HE WAS STILL
MARRIED TO SIVAGAMI. SIVAGAMI FILED COMPLAINT U/S 494, IPC.
IT WAS OBSERVED THAT SAPTAPADI IS NOT A PART OF THE CUSTOM OF NAGALINGAM & THE
WOMAN. HENCE HIS SECOND MARRIAGE WAS HELD VALID. HE WAS BOOKED U.S 494, IPC.
 REGISTRATION OF MARRIAGES
SEEMA V. ASHWANI KUMAR, AIR 2006 SC 1158.
SUPREME COURT DIRECTED STATES TO TAKE STEPS TO MAKE REGISTRATION OF ALL
MARRIAGES COMPULSORY
IT MAINLY PROTECTS RIGHTS OF WOMEN & CHILDREN IN CASE OF DISPUTES
 NULL & VOID MARRIAGES UNDER HMA (S. 11)

1. BIGAMOUS MARRIAGE
2. MARRIAGE WITHIN PROHIBITED RELATIONSHIP
3. MARRIAGE BETWEEN SAPINDAS
CAN BE DECLARED SO WHEN ONE OF THE PARTIES TO THE MARRIAGE FILES A NULLITY
PETITION AGAINST THE OTHER PARTY (WHEN S/HE IS ALIVE)
SO FIRST WIFE CANNOT FILE NULLITY PETITION TO DECLARE HER HUSBANDS SECOND
MARRIAGE AS VOID
 VOIDABLE HINDU MARRIAGES (S.12)

1. NON-CONSUMMATION DUE TO IMPOTENCY

2. CONSENT TO MARRIAGE OBTAINED BY FORCE/FRAUD AS TO THE NATURE OF THE
CEREMONY OR AS TO ANY MATERIAL FACT/ CIRCUMSTANCE ABOUT THE RESPONDENT
3. WIFE PREGNANT BY SOMEONE ELSE AT THE TIME OF MARRIAGE
4. UNSOUND MIND
WITHIN 1 YEAR
 LEGITIMACY OF CHILDREN OF VOID & VOIDABLE
HINDU MARRIAGES (S. 16, HMA)
ALL CHILDREN ARE LEGITIMATE
THEY CAN CLAIM SHARE IN THEIR PARENTS PROPERTY, BUT NOT IN THE ANCESTRAL PROPERTY
 MARRIAGE UNDER MUSLIM LAW (BASED ON
DURATION)

Permanent


Matrimonial Contract
Children legitimate
Limited no. of wives 4
Wife inherits from her husband

(Nikah)

Dower has to be specified
No duration fixed

Temporary


Only by Shias
Duration fixed by parties; Unlimited no. of wives
Children legitimate; inherit from father
Male: with an idolatress too; Female: only Muslim

(Muta)

Dower amount has to be specified
Wife doesnt inherit to her husbands property
 DIFFERENCE BETWEEN MUTA AND NIKAH
Mutah Nikah
Duration Temporary: Period fixed by agreement Permanent: Union for life subject to divorce

Recognition Only Shias; Void under Sunni Law Both Sunnis & Shias
Dower/ Mahr If dower not specified, marriage is void If dower not specified, it becomes implied. Woman can
Unconsummated marriage: Half the dower amount claim at any time during the subsistence of marriage
If wife leaves him before the contract period, she gets Unconsummated marriage: Doesnt affect the dower amount
proportionate dower Hanafi law: minimum limit of 10 dirhams (INR 182)

Divorce Not recognized Divorce recognized

If theres earlier termination, husband has to give a gift for the
unexpired period (hiba-i-muddat)

Maintenance Under Shia Law, only if its specified in the Contract, otherwise only Both, under Shia Law & s. 125, CrPC
under s. 125, CrPC

Inheritance No reciprocal rights, unless mentioned in the agreement Reciprocal rights exist
Children Legitimate; can inherit property Legitimate; can inherit property
Iddat 2 courses/ 45 days (only if consummated) 3 months
Death before muta term: 4 months 10 days Death: 4 months 10 days
No. of Wives No limit 4
 KINDS OF MUSLIM MARRIAGES BASED ON VALIDITY

Valid (Sahih)

Void (Batil)

Irregular (Fasid)

Shia Law doesnt recognize the distinction between Void and Irregular marriages.
An Irregular Marriage under Sunni Law is a Void Marriage under Shia Law.
 ESSENTIALS OF A VALID MUSLIM MARRIAGE
RELIGION:
1. MAN: CAN MARRY A MUSLIM, CHRISTIAN, JEW
2. WOMAN: CAN MARRY ONLY A MUSLIM
POLYGAMY: ALLOWED ONLY FOR THE MAN
INVALID CONSENT: VOID
UNSOUNDNESS OF MIND: VALID, IF GUARDIANS PERMISSION IS TAKEN (CONSENT GIVEN BY REMOTER
GUARDIAN WHEN A NEARER GUARDIAN IS ALIVE, IS NOT VALID)
IMPOTENCY: GROUND FOR DIVORCE U/S 2(V), DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939
WIFE PREGNANT BY SOMEONE ELSE AT THE TIME OF MARRIAGE: VOIDABLE
WITNESSES:
1. SUNNIS: 2 MALE WITNESSES OR 1 MALE & 2 FEMALE WITNESSES
2. SHIAS: NO WITNESSES
KAZI NOT NECESSARY
PROPOSAL (IJAB) + ACCEPTANCE (QABUL) AT ONE MEETING
MARRIAGE VALID EVEN THOUGH NO MENTION OF MEHR IS MADE
 CONDITIONS IN A MUSLIM MARRIAGE CONTRACT

NOT OPPOSED TO THE DICTATES OF ISLAM

REASONABLE, MORAL, LEGAL
NOT OPPOSED TO RULES OF MARRIAGE & PUBLIC POLICY
IF CONDITIONS ARE ILLEGAL, THEY WOULD BE NULL &VOID, BUT THAT WOULDNT RENDER THE
MARRIAGE ITSELF NULL & VOID.
 CONDITIONS CONSIDERED VALID

IF HUSBAND EFFECTS A SECOND MARRIAGE WITHOUT WIFES PERMISSION, SHE WILL DIVORCE
HIM.
IF THE JAMAT THROWS OUT THE HUSBAND, WIFE CAN GET A DIVORCE
IF RELATIONS BETWEEN HUSBAND-WIFE ARE STRAINED, WIFE IS ENTITLED TO SEPARATE
RESIDENCE AND MAINTENANCE.
IF HUSBAND MISBEHAVES WITH WIFE/ BECOMES CRUEL TO HER OR TO HER RELATIVES, SHE
SHALL LEAVE HIS HOUSE.
HUSBAND SHALL EARN & MAINTAIN HIS WIFE AND THAT THE WIFE WOULD LIVE IN A HOUSE
AS SHOWN & SANCTIONED BY HER PARENTS. IF HUSBAND FAILS TO FULFIL THIS, SHE CAN GET
DIVORCE.
 CONDITIONS CONSIDERED INVALID

HUSBAND WILL HAVE TO LIVE IN HIS WIFES/ HER PARENTS HOUSE.

HUSBAND & WIFE WILL LIVE SEPARATELY (AWAY FROM EACH OTHER) IN FUTURE., & THAT
HUSBAND WILL GIVE MAINTENANCE TO HER WHEN THIS HAPPENS.
HUSBAND WILL NOT DIVORCE HIS WIFE.
WIFE MAY VISIT ANT PLACE THAT IS IMMORAL & HUSBAND WILL NOT OPPOSE.
HUSBAND-WIFE WILL NOT MUTUALLY SUCCEED TO EACH OTHERS PROPERTY.
WIFE SHALL NOT DEMAND DOWER.
WIFE WILL PERMANENTLY LIVE WITH HER PARENTS.
WIFE CAN LEAVE HUSBANDS HOUSE ANY TIME AND CAN GO ANYWHERE AS SHE PLEASES.
 MARRIAGE BETWEEN COUSINS

NO BAR TO MARRY COUSINS, BOTH PATERNAL AND MATERNAL

MUSLIM MAN CAN LAWFULLY MARRY:

1. UNCLES/ AUNTS DAUGHTER
2. ANY FEMALE COUSIN OF HIS MOTHER/ FATHER

MUSLIM WOMAN CAN LAWFULLY MARRY:

1. UNCLES AUNTS SON
2. ANY MALE COUSIN OF HER MOTHER/ FATHER
 IMPORTANCE OF CONSUMMATION IN MUSLIM
MARRIAGES
CURES DEFICIENCIES OF FORMALITIES
A VALID HOME (WITH PRIVACY) RAISES PRESUMPTION OF CONSUMMATION AND HENCE OF
MARRIAGE
FOR PURPOSES LIKE CONFIRMATION OF DOWER, PATERNITY, IDDAT, MAINTENANCE, ETC.
 PROHIBITED DEGREES OF MARRIAGE FOR A MUSLIM
MAN: CONSANGUINITY
HIS MOTHER OR GRANDMOTHER, HOW HIGH SOEVER
DAUGHTER OR GRANDDAUGHTER, HOW LOW SOEVER
SISTER (FULL, HALF OR UTERINE)
NIECE/ GREAT NIECE (PATERNAL/ MATERNAL)
AUNT/ GREAT AUNT (PATERNAL/ MATERNAL)
 PROHIBITED DEGREES FOR A MUSLIM MAN: AFFINITY

WIFES MOTHER/ GRANDMOTHER, HOW HIGH SOEVER

FATHERS WIFE OR FATHERS FATHERS WIFE, HOW HIGH SOEVER
WIFES DAUGHTER/ GRAND DAUGHTER, HOW LOW SOEVER
SONS WIFE OR SONS SONS WIFE, HOW LOW SOEVER
 PROHIBITED DEGREES OF MARRIAGE FOR A MUSLIM
MAN: FOSTERAGE
CHILD & ITS FOSTER MOTHER
FOSTER MOTHERS DAUGHTER
FOSTER MOTHERS SONS WIFE

A FEMALE CHILD CANNOT MARRY:

FOSTER MOTHERS HUSBAND/ SON
FOSTER MOTHERS DAUGHTERS HUSBAND
 VOID (BATIL) MARRIAGE UNDER MUSLIM LAW

WHEN IT IS PROHIBITED BY REASONS OF: CONSANGUINITY, AFFINITY OR FOSTERAGE

NO RIGHTS & OBLIGATIONS BETWEEN THE PARTIES
WIFE CAN ASK FOR CUSTOMARY DOWER ONLY IF CONSUMMATION HAS HAPPENED.
IF ONE OF THE PARTIES DIES, THE OTHER IS NOT ENTITLED TO INHERIT FROM THE DECEASED.
CHILDREN OF A VOID MARRIAGE ARE ILLEGITIMATE.
 IRREGULAR (FASID) MARRIAGE UNDER SUNNI LAW
LACK OF SOME FORMALITY/ EXISTENCE OF SOME IMPEDIMENT WHICH CAN BE
RECTIFIED.
NOT UNLAWFUL IN ITSELF
MAY BE TERMINATED BY EITHER PARTY, EITHER BEFORE OR AFTER CONSUMMATION
THE MARRIAGE HAS NO LEGAL EFFECT BEFORE CONSUMMATION
AFTER CONSUMMATION,
1. WIFE IS ENTITLED TO DOWER, PROMPT OR SPECIFIED, WHICHEVER IS LESS
2. SHE IS BOUND TO OBSERVE IDDAT FOR 3 COURSES (IN CASE OF DEATH OF HUSBAND
OR DIVORCE)
3. CHILDREN ARE LEGITIMATE
PARTIES CANNOT INHERIT FROM EACH OTHER EVEN AFTER CONSUMMATION
EXAMPLES OF IRREGULAR MARRIAGES UNDER SUNNI
LAW
1. MARRIAGE WITHOUT WITNESSES (SUBSEQUENT ACKNOWLEDGEMENT BEFORE WITNESSES
OR CONSUMMATION)
2. MARRIAGE WITH A 5TH WIFE BY A MUSLIM MAN HAVING 4 WIVES (DIVORCING ONE OF THE
4 WIVES)
3. MARRIAGE WITH A WOMAN UNDERGOING IDDAT (EXPIRATION OF IDDAT PERIOD)
4. MARRIAGE PROHIBITED BY REASON OF DIFFERENCE OF RELIGION (WOMAN CONVERTING TO
ISLAM, CHRISTIANITY/ JEW; OR THE MAN CONVERTING TO ISLAM)
5. MARRIAGE WITH A WOMAN SO RELATED TO THE WIFE, THAT IF ONE OF THEM HAD BEEN A
MALE, THEY COULDNT HAVE LAWFULLY MARRIED UNLAWFUL CONJUGATION (MAN
DIVORCING THE WIFE WHO CONSTITUTES THE OBSTACLE)
6. CONSENT OBTAINED BY FORCE/ FRAUD (MARRIAGE SHOULD BE RATIFIED)
 CHAND PATEL V. BISMILLAH BEGUM, AIR 2008 SC
1915.
WHETHER A MUSLIM MAN WHO MARRIES HIS WIFES SISTER, WHEN IS WIFE IS ALIVE, IS
OBLIGED TO PAY MAINTENANCE TO THE SISTER U/S 125, CRPC.
HELD MARRIAGE IS ONLY IRREGULAR, NOT VOID. HENCE, MAINTENANCE ALLOWED.
 SEXUAL INTERCOURSE WITHOUT EITHER THE REALITY OR SEMBLANCE OF MARRIAGE IS TERMED
ZINA, AND THE OFFSPRING OF SUCH INTERCOURSE IS ILLEGITIMATE.
 AMINA V. HASAN KOYA, (2003)6 SCC 93.

WIFE PREGNANT AT THE TIME OF MARRIAGE

AT THE TIME OF MARRIAGE, AMINA WAS 5 MONTHS PREGNANT.
AFTER 4 MONTHS OF MARRIAGE, SHE GAVE BIRTH TO A GIRL CHILD
WHEN THE WIFE DELIVERED, HUSBAND WAS PRESENT AT THE HOSPITAL
HE CONTINUED MARITAL RELATIONS AFTER BIRTH, GAVE A NAME TO THE CHILD, AND NURSED HER
FOR 4 YEARS
HE THEN ASKED TO DECLARE MARRIAGE INVALID
HELD NULLITY DECREE CANT BE GIVEN
 CHILD MARRIAGE UNDER MUSLIM LAW

MAJORITY ACT, 1875 NOT APPLICABLE TO MUSLIMS WRT MARRIAGE, DIVORCE & DOWER
AGE OF PUBERTY = AGE OF MAJORITY
SUNNI LAW:
1. MALE: 12 YEARS
2. FEMALE: 9 YEARS
3. IN THE ABSENCE OF ANY EVIDENCE TO THE CONTRARY, AGE OF PUBERTY = 15 YEARS
SHIA LAW:
1. MALE: 15 YEARS
2. FEMALE: 9 YEARS
GUARDIANS MAY CONTRACT MINORS MARRIAGE
 GUARDIANSHIP IN MARRIAGE OF MINORS

FATHER
PATERNAL GRANDFATHER, HOW HIGH SOEVER
BROTHER, UNCLES SON & OTHER RELATIONS ON THE FATHERS SIDE
MOTHER
MATERNAL UNCLE/ AUNT
OTHER MATERNAL RELATIONS WITHIN THE PROHIBITED DEGREES
THE GOVERNMENT
OPTION OF PUBERTY, ONLY IF MARRIAGE ISNT CONSUMMATED
 IDDAT

PERIOD AFTER DISSOLUTION OF MARRIAGE, DURING WHICH NEITHER THE HUSBAND NOR THE
WIFE CAN REMARRY.
WIFE HAS TO REMAIN IN SECLUSION
TO ASCERTAIN HER PREGNANCY, TO AVOID CONFUSION REGARDING PATERNITY
DIFFERENT PERIODS OF IDDAT BASED ON HOW THE MARRIAGE IS DISSOLVED & STATUS OF
CONSUMMATION
IF A MAN WHO HAS 4 WIVES REPUDIATES ONE OF THEM, IT IS UNLAWFUL FOR HIM TO MARRY
ANY OTHER WOMAN DURING THE TERM OF IDDAT OF THE DIVORCED WIFE.
 DIFFERENT PERIODS OF IDDAT

DIVORCED AFTER CONSUMMATION: 3 MENSTRUAL COURSES/ LUNAR MONTHS

DIVORCED BEFORE CONSUMMATION: NO IDDAT
DEATH OF HUSBAND: 4 MONTHS 10 DAYS
IF SHE IS PREGNANT, IDDAT WILL CONTINUE TILL SHE DELIVERS THE BABY
 KINDS OF MEHR/ DOWER

PERSONAL PROPERTY OF THE WIFE

SPECIFIED DOWER: SUM SPECIFIED IN THE CONTRACT (SHIAS WHOLE AMT. AS SPECIFIED)
PROPER DOWER: SUM AWARDED BY COURT WHEN NOT SPECIFIED IN THE CONTRACT (DOWER
FIXED BY LAW)
PROMPT DOWER: PAYABLE ON DEMAND (SUNNIS HALF PROMPT, HALF DEFERRED)
DEFERRED DOWER: PAYABLE ON DEATH/ DIVORCE
WIFE IS ENTITLED TO THE WHOLE DOWER ON DEATH/ DIVORCE OF HUSBAND AFTER
CONSUMMATION
ENTITLED TO HALF THE DOWER, WHEN DIVORCED BEFORE CONSUMMATION
SHEIKH MUHAMMAD V. AYESHA BIBI, (1938) MAD 609: IN THE ABSENCE OF ANY FIXATION OF ANY
AMT. AS PROMPT/ DEFERRED DOWER, THE WHOLE AMT. SHOULD BE PRESUMED TO BE PROMPT.
WIFES HEIRS CAN CLAIM DOWER AFTER HER DEATH
 IMPORTANCE OF DOWER
RESULT OF MARRIAGE CONTRACT
HUSBAND GIVES IT DUE TO RESPECT & REVERENCE TO THE WIFE
WOMAN IS ENTITLED TO IT EVEN IF ITS NOT FIXED AT THE TIME OF MARRIAGE
EVEN IF NIKAH NAMA DOESNT SPECIFY IT, MARRIAGE REMAINS VALID
DOWER CAN BE FIXED ANY TIME EVEN AFTER MARRIAGE, & ITS AMOUNT CAN BE INCREASED
BY MUTUAL CONSENT
EVEN IF THERE IS A CONDITION IN MARRIAGE CONTRACT TO GIVE UP DOWER, WIFES RIGHT
TO CLAIM IT & GET IT REMAINS INTACT (PROPER DOWER) HAMIRA BIBI V. ZUBAIDA, AIR 1916
PC 46.
IF HUSBAND REFUSES TO PAY DOWER, WIFE MAY REFUSE TO CONSUMMATE THE MARRIAGE
A WIDOWS CLAIM FOR DOWER IS A DEBT AGAINST THE HUSBANDS ESTATE. SHE IS THE
CREDITOR, & HENCE SHE CAN RETAIN IT IN LIEU OF DOWER RIGHT OF RETENTION/LIEN
 WIDOWS RIGHT TO DOWER
HAMIRA BIBI V. ZUBAIDA BIBI, (1915-16), 43 IA 294.
INAYATULLAH, A MUSLIM RESIDENT OF GORAKHPUR, DIED IN 1892.
HE WAS SURVIVED BY HIS WIDOW ZUBAIDA BIBI, DAUGHTER NAJUMUNNISSA, SISTER HAMIRA BIBI, 2
BROTHERS KHADIM HUSSAIN & AHSANULLAH.
ALL THESE PERSONS WERE HEIRS TO HIS PROPERTY
WIDOW ZUBAIDA WAS ENTITLED TO 1/8TH SHARE + UNPAID DOWER AMT. (MORE THAN INR 1 LAKH)
PROPERTY WAS IN ZUBAIDAS POSSESSION, SO THAT SHE COULD RECOVER DOWER THROUGH ITS RENT.
HAMIRA BIBI & WIDOW OF KHADIM HUSSAIN & HIS SONS FILED A SUIT ASKING FOR THEIR SHARES IN THE
PROPERTY. THEY ALSO CLAIMED THAT RENT WAS MORE THAN DOWER AMT. HENCE, THE EXTRA RENT WAS TO
BE DISTRIBUTED AMONG THEM.
ZUBAIDA CLAIMED THAT SINCE THE DOWER WAS STILL DUE, SHE SHOULD GET INTEREST ON IT TOO. SINCE
RENT FROM PROPERTY IS LESS THAN THE INTEREST, THE DOWER DEBT STILL CONTINUES. HENCE NO SHARE TO
PLAINTIFFS.
HELD ZUBAIDA HAS PROTECTED THE PROPERTY & HAS SHOULDERED THE RESPONSIBILITY OF ITS
ADMINISTRATION. IN THE INTEREST OF JUSTICE & EQUITY, SHE SHOULD GET INTEREST. ALSO, HEIRS GOT THEIR
SHARES, AFTER CUTTING DOWER AMOUNT
 WIDOWS RIGHT TO ALIENATE THE PROPERTY
MAINA BIBI V. CHAUDHRI VAKIL AHMAD, (1924-25) 52 IA
145.
MOINUDDIN DIED LEAVING BEHIND HIS WIDOW, MAINA BIBI. SHE TOOK POSSESSION OF HIS
PROPERTY
HIS SUCCESSORS FILED SUIT AGAINST MAINA BIBI TO OBTAIN THEIR SHARES.
MAINA BIBI PREPARED 2 GIFT DOCUMENTS IN FAVOUR OF THE APPELLANTS & GAVE THEM THE
POSSESSION OF THE PROPERTY.
SOME OTHER SUCCESSORS OF MOINUDDIN FILED A SUIT AGAINST THOSE WHO HAD
OBTAINED THE PROPERTY BY GIFT. THEY CLAIMED THAT WIDOW DOESNT HAVE RIGHT TO
ALIENATE PROPERTY. THEY WANTED A SHARE IN THE PROPERTY AFTER DEDUCTING DOWER
AMT.
HELD WIDOW DOESNT HAVE RIGHT TO ALIENATE HUSBANDS PROPERTY
 HOW IS THE DOWER AMOUNT FIXED?
SHAHABUDDIN V. MOHD. UMATOR RASOOL, AIR 1960 PAT
511.
CUSTOM & USAGE OF THE WIFES FAMILY
NOBILITY OF HUSBANDS/ WIFES FAMILY & REPUTATION
SOCIAL POSITION, ECONOMIC CONDITION & STATUS OF BOTH THE FAMILIES
EDUCATIONAL QUALIFICATIONS & ACHEIVEMENTS OF THE BRIDE & HER BEAUTY
SELF-SATISFACTION OF THE PARTIES CONCERNED
 WHAT CAN BE GIVEN AS DOWER?
ANYTHING WHICH HAS VALUE
EXCLUSIVE PROPERTY OF WIFE; HUSBAND OR ANY OTHER PERSON HAS NO RIGHT OVER IT
MONEY, GOODS, LAND, BUILDING
SHARE IN THE PROFIT OF HUSBANDS BUSINESS/ IMMOVABLE PROPERTY
PART OF DEBTS DUE TO HUSBAND
PART OF INSURANCE POLICY MONEY OF HER HUSBAND
TIMEFRAME TO CLAIM DOWER: 3 YEARS FROM DEMAND OF DOWER/ DEATH OR DIVORCE
IF DOWER DEED (MAHR NAMA) IS REGISTERED, TIME LIMIT IS 6 YEARS.
 RELATION BETWEEN DOWER & COHABITATION
ABDUL KADIR V. SALIMA, ILR (1886) 8 ALL 149.
THE PARTIES WERE MARRIED. AFTER COHABITATION WITH ABDUL, SALIMA HAD GONE TO HER
FATHERS HOUSE. FATHER REFUSED TO SEND HER BACK TO ABDULS HOUSE, DUE TO WHICH
ABDUL FILED A SUIT TO COMPEL HER TO COME BACK TO HIM.
SALIMA RAISED THE ISSUES THAT ABDUL HADNT PAID HER DOWER YET, AND HENCE TILL HE
PAID IT, HE DOESNT HAVE A RIGHT TO COHABITATION.
HELD IF THE MARRIAGE IS CONSUMMATED, ITS NECESSARY TO PAY THE DOWER AMT.
HOWEVER, DOWER BEING NOT PAID IS NOT A DEFENCE TO NON-COHABITATION.
BOTH OF THEM GO HAND IN HAND.
 ANIS BEGAM V. MALIK MOHD. ISTAFA, AIR 1933 ALL
634.
THE COUPLE COHABITED & BEGOT A CHILD, AFTER WHICH THE WIFE WAS TAKEN AWAY BY
HER RELATIVES. SHE DIDNT WANT TO GET BACK TO HER HUSBAND BECAUSE HE HADNT PAID
DOWER, HAD BROUGHT ANOTHER WOMAN TO HOME, AND WAS MISBEHAVING WITH THE
WIFE. WIFE THUS CLAIMED DOWER. HUSBAND, AS AN ANSWER TO THE DOWER SUIT, FILED A
SUIT TO RESUME COHABITATION.
HELD HUSBANDS RIGHT TO COHABITATION NOT ABSOLUTE. COURT CAN IMPOSE THE
CONDITION OF PAYMENT OF DOWER BEFORE MAKING A DECREE OF RESUMING
COHABITATION.
 CHRISTIAN MARRIAGE ACT, 1872

88 SECTIONS, 8 PARTS, 4 SCHEDULES

PART I PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED (SS. 4-9)
PART II TIME & PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED (SS. 10-11)
PART III MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT (SS. 12-
26)
PART IV REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTER OF RELIGION (SS. 27-37)
PART V MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR (SS. 38-
59)
PART VI MARRIAGE OF INDIAN CHRISTIANS (SS. 60-65)
PART VII PENALTIES (SS. 66-76)
PART VIII MISCELLANEOUS (SS. 77-88)
 KINDS OF POLITY IN CHURCHES
(ECCLESIASTICAL POLITY)
PRESBYTERIAN:
1. REJECTION OF GOVERNANCE BY HIERARCHIES OF SINGLE BISHOPS
2. AUTHORITY FLOWS BOTH FROM TOP DOWN & FROM BOTTOM UP.
3. MINISTER, PASTOR, ELDER VS. BISHOPS
4. TOP DOWN: ONLY THE PRESBYTERY CAN ORDAIN MINISTERS, INSTALL PASTORS, & START UP,
CLOSE, & APPROVE RELOCATING A CONGREGATION
5. BOTTOM UP: MODERATORS & OFFICERS ARE NOT APPOINTED FROM ABOVE, BUT RATHER ELECTED
BY AND FROM AMONG THE MEMBERS OF THE ASSEMBLY

EPISCOPAL
1. GOVERNANCE BY A HIERARCHY OF BISHOPS
 DEFINITIONS (S. 3)

ANGLICAN CHURCH (QUASI-CATHOLIC; SPLIT FROM THE ROMAN CATHOLIC CHURCH ON THE
GROUND OF RECOGNITION OF DIVORCE, FOUNDED BY HENRY VIII)
CHURCH OF SCOTLAND (PROTESTANT: SPLIT FROM ROMAN CATHOLIC CHURCH, FOUNDED BY
JOHN KNOX)
ROMAN CATHOLIC CHURCH (POPES ARE CONSIDERED AS DIRECT SUCCESSOR OF SAINT PETER,
WHO WAS APPOINTED BY JESUS CHRIST)
MINOR = BELOW 21 YEARS OLD; NOT A WIDOW/ WIDOWER
 HIERARCHY IN ANGLICAN CHURCH

Queen of England

Archbishops

Bishops

Dioceses: Headed by Archdeacons

Vicars/ Rectors/ Curates (in charge of Parishes)

 Pope

Cardinals

HIERARCHY IN Archbishops/
Archdioceses
ROMAN CATHOLIC
CHURCH
Bishops
(RANKS OF CLERGYMEN)

Priests

Deacons
EXAMPLE: SYRO MALABAR CHURCH
Head of the
Church: Major
Arch Bishop

Bishops heading
Dioceses
(Provinces)

Foranes/Cluster
of Churches

Church/Parish:
Headed by
Priest
 CHURCH OF SCOTLAND (PRESBYTARIAN)

General Assembly

Synods

Presbytery Groups of Churches

Ordained Minister/ Pastor/ Teaching Elder Church (Governed by Church Board)

 WHO CAN SOLEMNISE MARRIAGES UNDER CMA?
(S. 5-9)
CONTRAVENTION: 7-10 YRS JAIL (S. 68, CMA)
1. ONE WHO HAS OBTAINED THE ORDER OF THE BISHOP (CATHOLIC CHURCHES)
2. ANY PRIEST OF THE SCOTLAND CHURCH (PASTORS)
3. ANY PRIEST (MINISTER OF RELIGION) WHO HAS GOT A LICENSE FROM THE STATE GOVT.
FOR THIS PURPOSE (S. 6)
4. CHRISTIAN MARRIAGE REGISTRAR APPOINTED UNDER S. 7, CMA
5. ANY CHRISTIAN TO WHOM LICENSE IS GIVEN BY STATE GOVT. UNDER CMA TO GRANT
MARRIAGE CERTIFICATE (S. 9, CMA)
 TIME & PLACE AT WHICH MARRIAGES MAY BE
SOLEMNIZED (SS. 10-11, CMA)
BETWEEN 6 A.M. AND 7 P.M. (CONTRAVENTION: 3 YRS. JAIL S. 69, CMA)
EXCEPTIONS:
1. PRIESTS OF ANGLICAN & ROMAN CATHOLIC CHURCHES: SPECIAL LICENSES BY THEIR RESPECTIVE
BISHOPS OF THE DIOCESE/VICARIATE
2. PRIEST OF CHURCH OF SCOTLAND: ACCORDING TO THE RULES, RITES, CEREMONIES & CUSTOMS
OF THE CHURCH OF SCOTLAND

PLACE FOR SOLEMNIZING MARRIAGE:

CHURCH WHERE WORSHIP GENERALLY HAPPENS; UNLESS THERE IS NO CHURCH WITHIN 5 MILES
DISTANCE FROM THAT PLACE, OR UNLESS THE PRIEST HAS A SPECIAL LICENSE TO SOLEMNISE A
MARRIAGE OUTSIDE THE CHURCH
 PROCEDURE OF MARRIAGE BY:

1. PRIEST/ MINISTER OF RELIGION LICENSED U/S 6 (PART III-IV)

2. CHRISTIAN MARRIAGE REGISTRAR (PART V)
3. ANY CHRISTIAN LICENSED TO ISSUE MARRIAGE CERTIFICATE (PART VI)
 S. 60, CMA MARRIAGE OF INDIAN CHRISTIANS

NO NEED OF PRELIMINARY NOTICE

CERTIFICATE TO BE ISSUED DIRECTLY WITHOUT FOLLOWING THE PROCEDURE IF:
MAN 21 YRS, WOMAN 18 YRS
MONOGAMOUS
IN THE PRESENCE OF PERSON LICENSED TO GIVE CERTIFICATE + 2 WITNESSES, SAYING I.
CERTIFICATE TO BE GIVEN BY SUCH LICENCED PERSON
SHALL FILE ALL CERTIFICATES IN HIS REGISTER BOOK, AND SHALL PERIODICALLY SEND TO
REGISTRAR GENERAL OF BIRTHS, DEATHS & MARRIAGES
 SS. 77 & 88, CMA

WHEN ARE MARRIAGES UNDER CMA NOT VOID? S. 77

1. DWELLING PLACE
2. CONSENT
3. NOTICE
4. CERTIFICATE OF NOTICE GIVEN
5. TIME & PLACE
6. REGISTRATION

PROHIBITED DEGREES AFFINITY, CONSANGUINITY, ETC.

EG: A CHRISTIAN IS NOT ALLOWED TO MARRY A JEW
 PENALTIES

FALSE OATH/ DECLARATION/ NOTICE/ CERTIFICATE: S. 193, IPC: FALSE EVIDENCE: 3 YRS JAIL +
FINE
FALSE PERSONATION AS GUARDIAN WHOSE CONSENT IS REQUIRED, & THUS FORBIDDING
CERTIFYING A MARRIAGE: S. 205, IPC: FALSE PERSONATION: 3 YRS JAIL + FINE
SOLEMNIZING MARRIAGE WITHOUT AUTHORITY: 7-10 YRS JAIL
SOLEMNIZING MARRIAGE BEYOND STIPULATED TIME/ WITHOUT WITNESSES: 3 YRS JAIL + FINE
SOLEMNIZING MARRIAGE WITHOUT NOTICE/ WITHIN 14 DAYS AFTER NOTICE, IN CASE OF A
MINOR: 3 YRS JAIL + FINE
 PENALTIES

MARRIAGE REGISTRAR ISSUING CERTIFICATE WITHOUT PUBLISHING, SOLEMNIZING MARRIAGE

BEYOND 2 MONTHS OF GRANTING CERTIFICATE, SOLEMNIZING MINORS MARRIAGE WITHIN 14
DAYS (WITHOUT COURT ORDER), ISSUING CERTIFICATE AGAINST AUTHORISED PROTEST: 5 YRS JAIL
+ FINE + S.166, IPC: PUBLIC SERVANT DISOBEYING THE LAW WITH INTENT TO CAUSE INJURY TO
ANY PERSON
PERSONS LICENSED TO SOLEMNISE, IF THEY DO ANY OF THE ABOVE: 4 YRS JAIL + FINE
DESTROYING/ FALSIFYING REGISTER BOOK: 7 YRS JAIL + FINE
UNLICENSED PERSON PRETENDING TO BE LICENSED: 5 YRS JAIL + FINE
LIMITATION PERIOD: WITHIN 2 YRS OF OFFENCE
 PARSI MARRIAGE & DIVORCE ACT, 1936

52 SECTIONS, 6 CHAPTERS, 2 SCHEDULES

CHAPTER I PRELIMINARY
CHAPTER II MARRIAGES BETWEEN PARSIS
CHAPTER III PARSI MATRIMONIAL COURTS
CHAPTER IV MATRIMONIAL SUITS
CHAPTER V CHILDREN OF THE PARTIES
CHAPTER VI - MISCELLANEOUS
 ESSENTIALS OF A VALID PARSI MARRIAGE

NOT WITHIN PROHIBITED DEGREES, AS SPECIFIED IN SCHEDULE I

ASHIRWAD BY PRIEST (DASTUR/ MOBED) + 2 PARSI WITNESSES
21 YRS MALE, 18 YRS FEMALE
MONOGAMY (PRIEST JAILED FOR 6 MONTHS SI + INR 200)
PRIEST TO GIVE THEM MARRIAGE CERTIFICATE HIS SIGN + SIGN OF PARTIES & WITNESSES
(FINE INR 100); FALSE CERTIFICATE: 3 MONTHS JAIL + INR 100
CERTIFICATE COPY TO BE SENT TO PARSI REGISTRAR APPOINTED BY GOVT.
ULTIMATELY TO BE SENT TO REGISTRAR GENERAL OF BIRTHS, DEATHS & MARRIAGES
FORMAL IRREGULARITY NOT TO INVALIDATE MARRIAGE
 SPECIAL MARRIAGE ACT, 1954

51 SECTIONS, 8 CHAPTERS, 5 SCHEDULES

CHAP I INTRODUCTION
CHAP II SOLEMNIZATION OF SPECIAL MARRIAGES
CHAP III REGISTRATION OF MARRIAGES CELEBRATED IN OTHER FORMS
CHAP IV CONSEQUENCES OF MARRIAGE UNDER THIS ACT
CHAP V RCR & JUDICIAL SEPARATION
CHAP VI NULLITY OF MARRIAGE & DIVORCE
CHAP VII JURISDICTION & PROCEDURE
CHAP VIII - MISCELLANEOUS
 MARRIAGE UNDER SMA
PROHIBITED DEGREES UNDER SMA SCHEDULE I
NOTICE SCHEDULE II TO MARRIAGE OFFICER WHERE PARTY IS RESIDING
PUBLICATION OF NOTICE
OBJECTION TO MARRIAGE (WITHIN 30 DAYS OF FILING NOTICE) ONLY ON GROUNDS U/S 4.
INQUIRY INTO OBJECTION WITHIN 30 DAYS OF RECEIVING IT
APPEAL BY PARTIES TO DISTRICT COURT AGAINST MOS DECISION OF NOT SOLEMNIZING
MARRIAGE (WITHIN 30 DAYS OF SUCH REFUSAL)
DECLARATION SCHEDULE III PARTIES + 3 WITNESSES
SOLEMNIZATION WITHIN 3 MONTHS OF NOTICE GIVEN TO MO
CERTIFICATE OF MARRIAGE SCHEDULE IV
S. 15, SMA REGISTRATION OF MARRIAGES SOLEMNIZED IN OTHER FORMS SCHEDULE V