Académique Documents
Professionnel Documents
Culture Documents
Sources - Ancient
Shruti or Vedas
Shruti is to hear (passed orally over generations)
Smritis or Dharamashtras
Smritis is that is remembered (collection of ancient writings on Hindu Law)
Sources - Modern
1 www.karanveerkamra.com
Bigamy is of 2 types:
If - Hindu is married to a woman and converts to Islam and marries another woman
Then - Hindu man shall be punished for bigamy because he married again while still married to
a Hindu woman
Note: If minor - Marriage is valid but punishable upto 2 years or fine of Rs.1 Lakh
2 www.karanveerkamra.com
Note: Annulment in valid marriage - Not allowed
Bigamy
Prohibited Degree of Relationship
Sapinda Relationship
Non-Ceremonial Marriage
Minor Marriage i.e. unlawful, forceful, sold, trafficked (void)
Impotency
Mental Disorder
Insanity
Force or Fraud
Pregnant by someone else other than husband
Child Marriage (can be annulled at age upto 18 years)
1. Mutual
Incurable, Communicable
Unsound of Mind
3. Fault Grounds
3 www.karanveerkamra.com
4. Constructive divorce
Person has not heard about the spouse for 7 years or more of being alive
Bigamy by husband
Rape by husband
No cohabitation for 1 year
Marriage of a Girl before 15 years and she has filed divorce before attaining 18 years
No cohabitation
No conjugal rights
Irretrievable breakdown of marriage
Living separately for 1 year after judicial separation order
Collaterals - Maternal uncle and aunt, paternal uncle and aunt, cousins, brothers, sisters
4 www.karanveerkamra.com
Hindu Marriage Act, 1955
Muslim Law:
Provide ground under which muslim women can obtain a decree for dissolution of
marriage
Inter-Religion marriages
Do not require any rituals and ceremonies
eg. Hindu and Muslim marriage
Note: Hindu Succession Act, 1956 - Not applicable on Special Marriage Act, 1954
Note: Hindu Succession Act, 1956 - Only applicable on Hindu Marriage Act, 1955
5 www.karanveerkamra.com
Hindu Adoptions and Maintenance Act, 1956
Note: Father, Mother, Guardian - Can only give child for adoption
MUSLIM LAW
Qiyas - Decisions made upon written text (like - civil law system)
6 www.karanveerkamra.com
Waqf - Property dedicated to charitable purposes in Muslim Law
i.e. Mourning period for women after death or divorce with husband
7 www.karanveerkamra.com
Note: Irregular marriage (Sunni) = Void marriage (Shia)
Talaq - Divorce
3. Ila - Husband swears not to cohabit with wife during Iddat period
Zihar - When husband compares his wife with his mother unlawfully
Lian - When husband accuses his wife with false charge of adultery
8 www.karanveerkamra.com
Fasakh - Cancellation of marriage by Oazi
Grounds for divorce for wife - Applicable for both Shia and Sunni
4. Husband is impotent
7. Wife married before 15 years of age - can file for divorce before becoming 18
9 www.karanveerkamra.com
Mohammad Ahmed Khan v. Shah Bano Begum
Half Blood - Two children having same father but different mothers
Uterine Blood - Two children having same mother but different fathers
Note: No adoption is allowed when a person already have a son and a daughter (Hindu Law)
10 www.karanveerkamra.com