Overview: Family law questions are a common feature in the CLAT PG exam every year, making this section essential for your preparations.

The difficulty level of these questions is usually "moderate to high," so it's only smart to focus on important topics of Family Law for CLAT PG 2025. With plenty of time left to study, let's begin!

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Important Concepts of Family Law for CLAT PG Exam 2025

Here are Important Concepts of Family Law for CLAT PG Exam 2025.

1. Judicial Separation

Judicial Separation for Hindu Law

Judicial separation is an important topic of Family Law for CLAT PG. It is covered under Section 10 of the Hindu Marriage Act (HMA), 1955. Here are the key points to understand:

• Legal Basis: Section 10 of the HMA, 1955.
• Living Separately: If a couple is granted judicial separation, they can live separately without formally ending the marriage.
• Court's Discretion: The court has the power to revoke the judicial separation order if the situation between the couple improves and becomes manageable.
• Marital Status: Despite living separately, the couple remains legally married and retains their status as husband and wife.
• Claiming Judicial Separation: Either spouse can request judicial separation at any time if the marriage is not functioning well.

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Judicial Separation for Muslim Law

In Muslim law, the concept of judicial separation is not explicitly mentioned in the Muslim Marriage Act. However, it is an important topic of Family Law for CLAT PG, with several grounds on which a couple can seek judicial separation, as outlined below:

• Absence: If the husband has been absent for four years.
• Financial Maintenance: If the husband fails to provide financial support.
• Imprisonment: If the husband is imprisoned for more than seven years.
• Marital Obligations: If the husband fails to fulfill marital duties.
• Impotence: If the husband is impotent.
• Health Issues: If the husband suffers from leprosy, insanity, or venereal disease.
• Repudiation by Wife: If the wife repudiates the marriage upon reaching puberty.
• Cruelty: 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 divorce option 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: According to 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

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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.

• 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 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 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. 

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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. 

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3. Maintenance

Understanding the concept of maintenance is crucial when studying the important topics of Family Law for CLAT PG 2025.

Maintenance refers to the financial support that one spouse may be required to provide to the other during or after a divorce or separation.

Here's a detailed explanation of maintenance under both Hindu and Muslim laws:

Maintenance under Hindu Law

In Hindu law, maintenance is provided to those who cannot support themselves financially. This includes two types of maintenance:

• Temporary Maintenance:

  • Applicable while the case is still pending in court.
  • Designed to provide immediate financial support to the spouse during the legal proceedings.

• Permanent Maintenance:

  • Ordered by the court at the end of the case.
  • Comes under Section 25 of the Hindu Marriage Act, 1955.
  • Based on the agreement of both parties, the income of the husband, and other financial circumstances.
  • Can be modified or canceled if the spouse decides to remarry or is found to have questionable character.

Factors Considered for Maintenance:

• Earning capacity of the spouse seeking maintenance.
• Reasonable needs and wants of the claimant.
• Income and property valuation of the claimant.

Maintenance under Muslim Law

In Muslim law, maintenance is referred to as Nafaqa and can be claimed by various dependents, including wives, children, parents, and other relatives. Here are the key points:

• Eligibility:

  • Maintenance is awarded if the wife remains faithful to the husband.
  • Governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Not available if the wife has not reached puberty or has eloped with her partner.

• Duration:

  • According to Section 125 of the Criminal Procedure Code, 1973, a Muslim wife is eligible for maintenance only during the Iddat period (a waiting period after the divorce).

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Key Takeaways

• Focus on Important Concepts of Family Law for CLAT PG 2025: Essential for CLAT PG, with moderate to high difficulty.
• Three Core Areas: Study Judicial Separation, Divorce, and Maintenance in both Hindu and Muslim laws.
• Hindu vs. Muslim Law Nuances: Understand different legal provisions and grounds under each law.
• Preparation Resources: Utilize specialized study materials and mock tests.
• Theoretical Understanding: Familiarize yourself with different divorce theories.
• Practice and Assess: Regular mock tests are crucial for gauging your preparation level for Important Concepts of Family Law for CLAT PG 2025.

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