Important Concepts of Family Law for CLAT PG Exam 2024

Author : Tanya Kaushal

Updated On : November 16, 2023

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Summary: "Family law" questions frequently appear in the CLAT PG exam every year, making it an unavoidable section for your preparations.  This section needs adequate preparation since the difficulty level is generally "moderate to high." Hence, devote more time concentrating on important family law concepts for CLAT PG Exam 2024.

As per trends, this topic accounts for a total of ten questions from the previous year's paper, indicating the significance of this section.

As per the rules, there are three major concepts of Family Law, namely:

  • Judicial Separation
  • Divorce
  • Maintenance

You must ensure that all three segments are covered per Hindu and Muslim laws. The CLAT PG exam point of view focuses more on Hindu laws, as more questions are always asked about Hindu laws than Muslim laws.

With one month left for preparations, let's revise the important concepts of family law for the CLAT PG exam 2024.

Important Concepts of Family Law for CLAT PG Exam 2024

The CLAT PG Admit card will be released a week before the exam. Visit the official website of CLAT for the latest updates on important events. The CLAT PG Admit card will be released a week before the exam, be sure to visit the official website of CLAT PG for the latest updates on important events.

Now, check Important Concepts of Family Law for CLAT PG Exam 2024.

Important Concepts of Family Law for CLAT PG Exam 2024

1 - Judicial Separation

Judicial Separation for Hindu Law

You have several laws that are explained below:

The clause of Judicial separation comes under section 10 of HMA, 1955:

  • This act says that if the couple is granted judicial separation, they may choose to live separately.
  • However, it is at the court's discretion to redact this order if the situation between the parties becomes manageable.
  • The couple, although judicially separated, will live as husband and wife; the judicial separation can be claimed at any time by either of the parties if the marriage is not working. 

Check: CLAT PG Analysis

Judicial Separation for Muslim Law

There is no mention of judicial separation under the Muslim marriage act. Other than this, no term related to this has been notified under the dissolution of the Muslim marriage act 1939. However, there are certain grounds that a couple can ask for judicial separation; the same can be checked in the section below. 

  • If the husband is absent from the marriage for four years. 
  • The husband fails to offer financial maintenance in the marriage. 
  • If the husband is imprisoned for more than seven years. 
  • Failure to offer marital obligations. 
  • If the husband is impotent. 
  • If the husband is suffering from leprosy, insanity, and venereal disease. 
  • Repudiation of marriage by wife on attaining puberty. 
  • If the wife has suffered cruelty from the husband.

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2 - Divorce

Divorce for Hindu Law 

The minimum time limit to exercise the option of divorce is at least one year. The husband and wife have to live at least one year together before they wish to file a divorce case. 

Hindu Law: As per the Hindu Law, a couple can go for divorce as per section 13, HMA, 1955. The law also offers the basic grounds citing divorce can be attained by both parties. 

Adultery: Adultery refers to the situation wherein either of the parties is mutually involved with another person. 

Cruelty: Cruelty refers to mental and physical torture that either of the parties can suffer. 

Desertion: Desertion of either of the parties without any notable causes. This means the husband or wife has left their partner without their consent or valid reason. This also includes the incompetency of the partner to fulfil their marital duties. 

Conversion: In case a spouse changes his religion without taking their permission. Then, the second spouse can ask for judicial separation or divorce on this ground. 

Lastly, the marriage can be dissolved as per the following circumstances:

  • Renunciation
  • Presumption Death
  • Mutual Consent
  • Insanity
  • Leprosy
  • Venereal Disease

Check: CLAT PG Exam Preparation

Divorce for Muslim Law

This law does not account for any judicial or non-judicial act to go for the dissolution of the marriage. The divorce is solemnized under the Muslim personal law under its Dissolution of Muslim marriage act 1939. The divorce can be granted if the spouse dies or demands from either party.

The law has mentioned six forms of divorce, the details of which can be checked in the section below.

  • Express: Under this system, there are two types, i.e., Talak-i-sunna and Talak-ul-biddat. The Talak i-sunna means pronouncing divorce, and it has two types: Ahasan talak and Hasan talak. However, Talak-ul-biddat has been considered unconstitutional by the Supreme court.
  • Implied: Implied talak is a situation when the words fail to recognize that the divorce has been sought. However, one can get clarity with the help of the action taken up by the parties. 
  • Delegated: As per this, a husband is only allowed to take up the decision of providing divorce to his wife. However, he can transfer this power to his wife so that she can also give divorce her husband. 
  • Constructive: Constructive talak has two types, i.e., Ila and Zihar. Under Ila, a husband seeking divorce must leave and abstain from his wife for four months. Whereas, in Zihar, a husband can compare his wife to a woman in the prohibited decree and ask for a divorce. 
  • Divorce by mutual consent: In this case, the offer of divorce has to be made by the wife, and the husband has to accept this offer. After the offer has been accepted, the wife has to live in the iddat period. 
  • Dissolution of Muslim marriage act 1939: In this case, a divorce can be granted if the husband puts false charges of adultery on his wife. In the second case, both parties can mutually decide to get a divorce since they cannot live with each other. 

Check: CLAT PG Counseling 2024 

Theory of Divorce

The circumstances related to the theory of divorce are explained below:

  • Fault Theory of Divorce: As per this, a marriage can be dissolved by an innocent party if the other party has committed any matrimonial offence. Then, the divorce can be granted under section 13 (1) HM act.
  • Mutual Consent Theory: In this case, the two parties can mutually decide to end the marriage of their free will. The divorce can be finalized as per section 13 B of the Hindu Marriage Act. 1955 
  • Irreversible Breakdown of Marriage: In this case, the marriage has been broken to such an extent that there is no chance of reconciliation between both parties. 
  • Frustration Theory of Marriage: In this case, the husband or wife can seek divorce if one of them is of unsound mind, impotent, or dead. 

3 - Maintenance

Maintenance of Hindu Law

In Hindu Marriage Act, maintenance is offered to only those who do not have any means to support themselves. There are two types of maintenance, i.e., temporary and permanent. The former is applicable until the matter is pending in court. The latter is applicable only if the court has ordered the same before closing the case. 

Permanent Alimony comes under section 25 and is ordered based on the decision of both parties, the income of the husband, and other financial conditions. However, the same can be modified or redacted if the spouse wishes to remarry or is found to be having a questionable character. 

Certain factors are also considered while calculating the quantum of maintenance, such as earning capacity, reasonable wants of the claimant, the income of the claimant, and property valuation of the claimant. 

Check: Important Concepts of IPC for CLAT PG 2024

Maintenance of Muslim Law

Maintenance is also known as Nafaqa in Muslim Law. Wives, children, parents, relatives, etc., can claim the same. Maintenance is awarded only if the wife has remained faithful to the husband. This can be demanded per the Muslim Women Act, 1986; however, if the wife has not attained puberty or eloped with her partner. Then, in that case, maintenance cannot be demanded. 

As per section 125 of Cr PC 1973, a Muslim wife is eligible for maintenance only till the Iddat period. 

This concludes the important family law concepts for the CLAT PG exam 2024; we would also suggest you take the CLAT PG Mock Test Series 2024 to know where you stand with your preparations. 

CLAT PG Mock Tests

CLAT PG Mock Tests

Conclusion: 

The analysis says that in the year 2022 questions, we had 10 questions from family law, 12 from 2021, and 10 questions in the 2020 paper. Therefore, preparing for Important Concepts of Family Law for the CLAT PG Exam 2024 is almost important.

Prepare the articles and judgment-based questions thoroughly from Hindu law. 

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