Updated On : April 3, 2023
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:
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.
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.
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:
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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.
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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:
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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.
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The circumstances related to the theory of divorce are explained below:
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.
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.
Frequently Asked Questions
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