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Important Concepts of Family Law for CLAT PG Exam 2023

Author : Palak Khanna

September 5, 2022

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Family Law is an important segment for the CLAT PG examination, and nearly 10 questions appeared in the exam paper last year. As per trends, this topic accounts for a total of ten questions from the past few years in the exam, indicating the importance 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 as per Hindu and Muslim laws. 

The authorities have already shared the CLAT LLM syllabus and exam pattern for the examination; therefore, make sure to adhere to the instructions mentioned for securing high marks. 

With a few months left for preparations, let's understand the important concepts of family law for the CLAT PG exam 2023.

CLAT PG Exam Pattern 2023

Before we understand the important concepts of family law for the CLAT PG exam 2023, let us check the general exam pattern of CLAT PG.

The CLAT PG LLM Exam 2023 is going to be held in offline mode. The examination is going to have two sections, with questions being objective in nature. 

Go through the table below to highlight the CLAT PG exam pattern.

Particulars CLAT PG Exam Pattern 2023
Exam mode Offline 
Exam duration 120 minutes
Test language English 
Type of questions Objective
Total Questions 120
Total marks 120
Negative Marking Yes (-0.25)
Family Law Topics Weightage 10 questions

CLAT Online Coaching

CLAT Online Coaching

Important Concepts of Family Law for CLAT PG Exam 2023

The CLAT PG Admit card will be released a week before the exam, be sure to visit the official website of CLAT for the latest updates on important events. Now let us check how to prepare family law for CLAT PG? 

1 - Judicial Separation

You have several laws that are explained below:

  • Hindu Law

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 that they can 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. 

Understanding the CLAT exam pattern and syllabus is crucial for your preparations. If you want help, check Best CLAT PG Online Coaching 2023 and let the experts guide you through your CLAT PG preparations. 

Download FREE CLAT PG Study Material by Legal Edge

  • 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 a duration of four years. 
  • The husband fails to offer financial maintenance in the marriage. 
  • If the husband is under imprisonment 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.

Understanding the CLAT exam pattern and syllabus is crucial for your preparations. If you want help, check Best CLAT PG Online Coaching 2023 and let the experts guide you through your CLAT PG preparations.

2 - Divorce

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 either the husband or wife has left their partners without their consent or any valid reason. This also includes the incompetency of the partner to fulfill 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

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 only if the spouse dies or demands from either party.

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

Toprankers is coming up with the "MAHA Scholarship Test" on 28 August for up to 100% off scholarships worth 1 crore; take this opportunity to your advantage and check out the official website

  • Express
  • Implied
  • Delegated
  • Constructive
  • Divorce by mutual consent 
  • Dissolution of Muslim marriage act 1939

Check:  CLAT PG Constitutional Law

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 further 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 that is 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 divorce 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 2023 

Theory of Divorce

The circumstances related to the theory of divorce is 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 offense. 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 is dead. 

CLAT Mock Tests

CLAT Mock Tests

3 - Maintenance

  • 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. Whereas 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 on the basis of 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. 

  • Muslim Law

Maintenance is also known as Nafaqa in Muslim Law. The same can be claimed by wives, children, parents, relatives, etc. 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 concepts of family law for CLAT PG exam 2023; we would also suggest you to take the CLAT PG Mock Test Series 2023 to know where you stand with your preparations. 

Frequently Asked Questions

You can check the CLAT PG exam pattern on the official brochure released by the authorities.
 The three main concepts of family law under the CLAT PG exam are Judicial separation, divorce and maintenance.
A total of ten questions are asked from the family law section under the CLAT PG exam.
The duration of the CLAT PG program is two hours.
The main clause that governs the judicial separation under the Hindu Marriage Act is section 10 of HMA, 1955.
  • Home
  • Important Concepts o...

Important Concepts of Family Law for CLAT PG Exam 2023

Author : Palak Khanna

Updated On : September 5, 2022

SHARE

Family Law is an important segment for the CLAT PG examination, and nearly 10 questions appeared in the exam paper last year. As per trends, this topic accounts for a total of ten questions from the past few years in the exam, indicating the importance 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 as per Hindu and Muslim laws. 

The authorities have already shared the CLAT LLM syllabus and exam pattern for the examination; therefore, make sure to adhere to the instructions mentioned for securing high marks. 

With a few months left for preparations, let's understand the important concepts of family law for the CLAT PG exam 2023.

CLAT PG Exam Pattern 2023

Before we understand the important concepts of family law for the CLAT PG exam 2023, let us check the general exam pattern of CLAT PG.

The CLAT PG LLM Exam 2023 is going to be held in offline mode. The examination is going to have two sections, with questions being objective in nature. 

Go through the table below to highlight the CLAT PG exam pattern.

Particulars CLAT PG Exam Pattern 2023
Exam mode Offline 
Exam duration 120 minutes
Test language English 
Type of questions Objective
Total Questions 120
Total marks 120
Negative Marking Yes (-0.25)
Family Law Topics Weightage 10 questions

CLAT Online Coaching

CLAT Online Coaching

Important Concepts of Family Law for CLAT PG Exam 2023

The CLAT PG Admit card will be released a week before the exam, be sure to visit the official website of CLAT for the latest updates on important events. Now let us check how to prepare family law for CLAT PG? 

1 - Judicial Separation

You have several laws that are explained below:

  • Hindu Law

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 that they can 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. 

Understanding the CLAT exam pattern and syllabus is crucial for your preparations. If you want help, check Best CLAT PG Online Coaching 2023 and let the experts guide you through your CLAT PG preparations. 

Download FREE CLAT PG Study Material by Legal Edge

  • 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 a duration of four years. 
  • The husband fails to offer financial maintenance in the marriage. 
  • If the husband is under imprisonment 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.

Understanding the CLAT exam pattern and syllabus is crucial for your preparations. If you want help, check Best CLAT PG Online Coaching 2023 and let the experts guide you through your CLAT PG preparations.

2 - Divorce

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 either the husband or wife has left their partners without their consent or any valid reason. This also includes the incompetency of the partner to fulfill 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

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 only if the spouse dies or demands from either party.

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

Toprankers is coming up with the "MAHA Scholarship Test" on 28 August for up to 100% off scholarships worth 1 crore; take this opportunity to your advantage and check out the official website

  • Express
  • Implied
  • Delegated
  • Constructive
  • Divorce by mutual consent 
  • Dissolution of Muslim marriage act 1939

Check:  CLAT PG Constitutional Law

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 further 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 that is 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 divorce 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 2023 

Theory of Divorce

The circumstances related to the theory of divorce is 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 offense. 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 is dead. 

CLAT Mock Tests

CLAT Mock Tests

3 - Maintenance

  • 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. Whereas 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 on the basis of 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. 

  • Muslim Law

Maintenance is also known as Nafaqa in Muslim Law. The same can be claimed by wives, children, parents, relatives, etc. 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 concepts of family law for CLAT PG exam 2023; we would also suggest you to take the CLAT PG Mock Test Series 2023 to know where you stand with your preparations. 

Frequently Asked Questions

You can check the CLAT PG exam pattern on the official brochure released by the authorities.
 The three main concepts of family law under the CLAT PG exam are Judicial separation, divorce and maintenance.
A total of ten questions are asked from the family law section under the CLAT PG exam.
The duration of the CLAT PG program is two hours.
The main clause that governs the judicial separation under the Hindu Marriage Act is section 10 of HMA, 1955.

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