Family Law Sheet Answer key

1. (a) Hushmita fulfills all the criteria mentioned for adopting parent under law and
therefore she should be allowed to adopt the child.
2. (C) As there is no information given about District Child Protection Unit able to trace
parents or not, we cannot consider the child as legally free. Option D is incorrect as
there is no mention of Mr. Pandey being married and required to seek consent of his
wife.
3. (a) Consent of partners is required in case of married couple adopting a child. Here
Mel and Pamel are not married and therefore adoption as single parent can take
place.
4. (d) Mr. and Mrs. Martinaaz have only decided to provide education and basic
necessities to Vishal and his siblings as there is no one to maintain them after the
death of the father. Mr. and Mrs. Martinaaz are not adopting the children and
therefore they are not defying the law.
5. (a) As much as it looks like a deed of kindness on the part of Mohan, yet it will not be
allowed as per the law.
6. (c) The couple in the given information are the ones who are married for two years
of more. Our country doesn’t allow homosexual marriages and the above mention
law is silent about adoption for such couples.
7. (a) law mentions that the adopting parent should be free from life threatening
disease. There is no mention of child not been adoption ready because of life
threatening disease.
8. (c) Whether to opt for judicial separation or divorce is one’s individual right. When a case
qualifies for divorce, parties can choose a mid way and go ahead with judicial separation.
9. (d) “in a judicial separation the rights and obligations arising out of marriage do not end, but
rather are suspended. So in effect the marriage subsists and has not ended legally.” During
the judicial separation a couple still remains married and marrying another person during the
lifetime of one’s spouse qualifies as a criminal offence of Bigamy. Bigamy is also a valid ground
for divorce.
10. (b) “If the parties do not cohabit for a period of one year or upwards after a decree for judicial
separation was passed, either party to the marriage can claim dissolution of the marriage.”
Here Berlin can claim dissolution of marriage as Tatiana did not cohabit for more than one
year.
11. (c) the purpose of judicial separation is to give an opportunity to the couple to reconcile
their issues and save their marriage. "Where a decree for judicial separation has been
passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but
the court may, on the application by petition of either party and on being satisfied of the
truth of the statements made in such petition, rescind the decree if it considers it just and
reasonable to do so.”
12. (d) Where a decree for judicial separation has been passed, it shall no longer be obligatory for
the petitioner to cohabit with the respondent.
13. (a) Zoophilia is mental disorder and makes a person commit a crime of bestiality. No women
shall be forced to carry forward any marital ties with any such person. The marriage here has
broken down and divorce should be the best way out.