1

Woman and Law

UNIT: I

Qs. Status of Women in ancient India

Ans Despite the scarcity of the information of the ancient Indian history scholars have expressed
the view that there was a rich jurisdiction of human right in ancient India. On the basis of this we
can divide ancient Indian perspective related to human right in three eras-
1. Woman in Ancient India
2. Woman in Medieval India
3. Woman in Modern India
Woman in Ancient India
In India even since the beginning of the society it’s a phase was regulated by dharma. The
concept of dharma is much more comprehensive than modern concepts of human right. The
concept of dharma deals with the right as well duties. This supreme law covers the basics
principle of human rights. We also find the rich history of human rights in Vedas and we find
that there are reference of castles society, equality and freedom. We can divide the Vedic era in
two segments which are—
A. Vedic era
B. Post Vedic era
Vedic Era
In vedic era there was lot of rights available to the all sections of the society and which are
irrelevant to the caste, creed, sex etc. like—
I. Rights to education both for males and females
II. No polygamy in the society
III. Widow can re-marry again
IV. There was no dowry system
V. No child marriage
VI. No female infanticide
VII. Equal education of male and female in gurukul
VIII. No concept of sati pratha
Post Vedic Era
There was however a downfall of human rights jurisprudence in post vedic era. It include
following—
I. There was no right of education to women
II. Polygamy had come into practice
III. Female infanticides had started
IV. Child marriage was permissible
V. Sati system was there in this era
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VI. There was dowry system

VII. Re-marriage was not allowed to widow
VIII. Caste system was there
Woman in Medieval India
Muslim period marks the beginning in new era in the legal history in India. During the Muslims
era in India especially in the Pre-Mughal period there was series of cultural, social and political
stress and strain on the style and way of life of Hindu. The Muslims rulers in India were
fundamentalist and force upon the Hindu their own laws, customs and religious practices.
In the mughal era the Aurangzeb was the most cruel, fanatic and despotic rulers. He makes
earnest efforts and methods to convert Hindu to Islam. But some of the mughal rulers especially
Akbar the great brought about a basic change in the style of mughal administration. He adopted
the policy of tolerance and non-discrimination to Hindus. So it is not wrong to say that Akbar the
great begin a new era in mughal customary in India in the fields of human rights with his policy
of universal reconciliation and tolerance. But in spite of all these things no better human rights
were available to the society in the medieval India—
a. Principle of natural justice was not there
b. Brutal punishment was there like cutting of hands and feets
c. Polygamy still exists
d. Education facilities were not much available.
Woman in Modern India
The British India rulers discriminated against India in the matter of their political and civil
liberties and rights. The status of human rights revolution in modern India can be conviently
divided into two periods—
A. Pre-Independent India
B. Post-Independent India
A Pre-Independent India
In British India there was no fundamental law guaranteed related to human right and liberties as
they humiliated and discriminated Indians.
The nationalist’s movement and the birth of Indian National Congress was the direct result of the
various atrocities against the Indians. The Indian National Congress was founded in 1885 by a
Britisher officer A.O Hume. There were lots of reforms in the social system after the
establishment of Indian National Congress which are—
a. Sati Abolition Act 1829
b. Widow re-marriage act, 1869
c. Child marriage restraining act, 1929
d. Abolition of devdasi pratha
There was a lots of social reformers in this period who act for the betterment of the human rights
in India namely—
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a. Raja Ram Mohan Rai (Sati abolition)

b. Iswar Chandra Vidyasagar (Widow re-marriage)
c. Sawami Dayananda Sarswati (Arya samaj)
B Post-Independent India
Human rights have been incorporated in Indian constitution after independence in the form of
fundamental rights and directive principal of the state policy which are—

The Fundamental Rights

These are the basic human rights of all citizens, defined in Part III of the Constitution. These are
applicable irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable
by the courts, subject to specific restrictions. Following are some of the important rights of the
citizens of India in accordance with the Constitution.

 Right to Equality

 Right to freedom

 Right against exploitation

 Right to freedom of religion

 Cultural and Educational Rights

 Right to Constitutional Remedies

Qs. Status of Women in Pre-independence India (a) Social reforms movement in India (b)
Nationalist movement

Ans. The social reformers believed in the principle of individual liberty, freedom, and equality of
all human beings irrespective of sex, color, race, caste, or religion. They attacked a number of
traditional, authoritarian, and hierarchical social institutions and launched social reform
movements to liberate the Indian women from their shackles. Though many of the reformers
were mainly men, the reform movement aimed at improving the status of Indian women.

Social reformer

Raja Ram Mohan Roy

Raja Ram Mohan Roy was one of the greatest social reformers of India. He was concerned about
a number of evil customs planning the Indian society. These included “saha marana” or Sati,
female infanticide, polygamy, infant marriages, purdah, absence of education among women,
and the Devadasi system. Raja Ram Mohan Roy led a crusade against the evil and inhuman
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practice of Sati, in which a widow was forced to immolate herself on the funeral pyre of her
deceased husband. Sati was in practice in many parts of India.

It was accepted and condoned on the grounds that it would secure “Moksha” for widows. It was
also felt that a woman could be led astray if she continued to live after the death of her husband.
This feeling was disproved by Raja, who felt that a woman could be led astray even during her
husband’s lifetime.

In fact, after the death of her husband, a woman is under the protection of her family, so she can
be watched over with greater vigilance. Raja strongly refuted the contention that Sati was a free,
voluntary act of the widow, and called it a monstrous lie. Raja’s arguments and anti-Sati
activities led Lord William Bentinck to legislate for the prohibition of Sati, which resulted in the
passing of the Prohibition of Sati Act in 1829.

Ishwar Chandra Vidyasagar

Ishwar Chandra Vidyasagar was another great social reformer who sought to improve the
condition of widows by legalizing widow remarriages. Since he felt that his own life should set
an example for others to follow, he took a pledge that he would allow his daughters to study, and
married all his daughters after they were 16 years of age. He also pledged that if any of his
daughters were widowed and they wanted to get remarried, he would allow them to do so. He
was also against the prevalent custom of polygamy.

Justice Mahadev Govind Ranade

Justice Mahadev Govind Ranade was instrumental in laying down the foundation of an all Indian
organization to carry on the struggle for social reform—the Indian National Social Conference.
This organization was the first national institution to carry on collectively, in an organized way,
and on a national scale the social reform movement.

He took up the problems of widow remarriages and was an active member of a society, which
worked for widow remarriages. In fact, the Shankaracharya had excommunicated him for
attending the first widow remarriage in 1869. Ranade worked toward educating women. He and
his wife started a school for girls in 1884.

Maharishi Karve

Maharishi Karve showed great concern for the plight of widows and the problem of widow
remarriages. He revived the Widow Remarriage Association and started the Hindu Widow’s
Home Karve also made efforts to improve the education levels of girls as well as widows.

He created the Kane Women’s University. His efforts in the movement to liberate the Indian
women are of great significance, and the extensive and successful work brought about a change
in the attitudes of people towards widows.
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In order to set an example for others, he married a widow after the death of his first wife. As a
result of the social reform movement, a number of institutions and organizations were
established. The institutions started by the reformers covered the whole country with their
activities.

National movement
The Gujarat Vernacular Society:

This social institute was established in 1848. The aim of this institute was to decrease the large-
scale illiteracy and superstitious beliefs that was a feature of the Gujarati society. It was
associated with all social reform activities concerning women in Gujarat.

The society worked for the cause of women through education. It started a number of co-
educational schools. It published literature on women’s issues in the vernacular press. It tried to
organize elocution competitions and provide a platform for women to talk about their issues and
problems.

The Deccan Education Society:

This society was formed in 1884. The society started girls’ schools and encouraged education of
women in Maharashtra.

The Ramakrishna Mission:

The Ramakrishna Mission was established in 1897. It set up homes for widows and schools for
girls. It also gave refuge to invalid and destitute women, ante- and post-natal care for women,
and provided training for women to become midwives.

The Arya Samaj:

Though started as a revivalist organization, the Arya Samaj emphasized women’s education.
Girls received instructions in home science and domestic affairs. Fine arts were also included in
the curriculum for girls. It also included instructions in religion and religious ceremonies for
women. It provided shelter to distressed women in times of difficulty.

The Hingne Women’s Education Institute:

This institute was started in 1896 to meet the demand of women, whether married, unmarried or
widowed. By imparting training to young unmarried girls in various fields, it tried to prevent
early marriages. It tried to impart skills and education to married women to enable them to carry
on domestic life efficiently and economically. It also gave training to widows to make them
economically independent.

S.N.D.T. Women’s University:

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This university was established to meet the needs for higher education for women in such a
manner that women’s requirements were satisfied. It provided education in the mother tongue. It
was established exclusively for the education of women.

The Seva Sadan:

Seva Sadan was started in 1908, with a view to bringing together enlightened women of different
communities who desired to work for the upliftment of backward women. Its main activity was
to provide social and medical aid to women and children of the poor classes, irrespective of their
caste or creed. It also established a home for destitute and distressed women and children.

It also provided training to poor women in domestic crafts to enable them to earn a livelihood.
The Seva Sadan in Poona was established to educate women in religious, literary, medical, and
industrial subjects. It also emphasized on all-round development of a woman’s personality. It
stressed on economic self-sufficiency of women.

The Indian National Social Conference:

Some of the activities taken up by this organization were—to deal with disabilities of child
marriages, sale of young girls, the practice of polygamy, and the issue of widow remarriages. It
also took up the problem of access to education for women.

All India Women’s Conference:

The primary focus of this organization was women’s education as well as social reforms. Its aim
was to work actively for the general progress and welfare of women and children. It passed
various resolutions in different sessions in order to elevate the status of women.

It also dealt with the evils of early marriages, polygamy, and prohibition of divorce. It advocated
complete equality for women in property matters. It sought to improve working conditions for
women. It also agitated against immoral traffic in women and children, and against the inhuman
custom of Devadas.

Qs. Status of Women in Post-Independence India Gender equality & protection under the
Constitution of India

Ans. The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women.

Within the framework of a democratic polity, our laws, development policies, Plans and
programmes have aimed at womens advancement in different spheres. India has also ratified
various international conventions and human rights instruments committing to secure equal
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rights of women. Key among them is the ratification of the Convention on Elimination of All
Forms of Discrimination against Women (CEDAW) in 1993.

Constitutional Provisions

The Constitution of India not only grants equality to women but also empowers the State to
adopt measures of positive discrimination in favour of women for neutralizing the cumulative
socio economic, education and political disadvantages faced by them.

Fundamental Rights, among others, ensure equality before the law and equal protection of law;
prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of
birth, and guarantee equality of opportunity to all citizens in matters relating to employment.
Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific
importance in this regard.

Constitutional Privileges

1. Equality before law for women (Article 14)

2. The State not to discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them (Article 15 (i))
3. The State to make any special provision in favour of women and children (Article 15 (3))
4. Equality of opportunity for all citizens in matters relating to employment or appointment
to any office under the State (Article 16)
5. The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men
and women (Article 39(d))
6. To promote justice, on a basis of equal opportunity and to provide free legal aid by
suitable legislation or scheme or in any other way to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other disabilities
(Article 39 A)
7. The State to make provision for securing just and humane conditions of work and for
maternity relief (Article 42)
8. The State to promote with special care the educational and economic interests of the
weaker sections of the people and to protect them from social injustice and all forms of
exploitation (Article 46)
9. The State to raise the level of nutrition and the standard of living of its people (Article
47)
10. To promote harmony and the spirit of common brotherhood amongst all the people of
India and to renounce practices derogatory to the dignity of women (Article 51(A) (e))
11. Not less than one-third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled
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by direct election in every Panchayat to be reserved for women and such seats to be
allotted by rotation to different constituencies in a Panchayat (Article 243 D(3))
12. Not less than one- third of the total number of offices of Chairpersons in the Panchayats
at each level to be reserved for women (Article 243 D (4))
13. Not less than one-third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled
by direct election in every Municipality to be reserved for women and such seats to be
allotted by rotation to different constituencies in a Municipality (Article 243 T (3))
14. Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the legislature of a State may by law
provide (Article 243 T (4))

2. Legal Provisions

To uphold the Constitutional mandate, the State has enacted various legislative measures
intended to ensure equal rights, to counter social discrimination and various forms of violence
and atrocities and to provide support services especially to working women. Although women
may be victims of any of the crimes such as Murder, Robbery, Cheating etc, the crimes, which
are directed specifically against women, are characterized as Crime against Women. These are
broadly classified under two categories.

(1) The Crimes Identified Under the Indian Penal Code (IPC)

1. Rape (Sec. 376 IPC)

2. Kidnapping & Abduction for different purposes ( Sec. 363-373)
3. Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
4. Torture, both mental and physical (Sec. 498-A IPC)
5. Molestation (Sec. 354 IPC)
6. Sexual Harassment (Sec. 509 IPC)
7. Importation of girls (up to 21 years of age)

(2) The Crimes identified under the Special Laws (SLL)

Although all laws are not gender specific, the provisions of law affecting women significantly
have been reviewed periodically and amendments carried out to keep pace with the emerging
requirements. Some acts which have special provisions to safeguard women and their interests
are:

1. The Employees State Insurance Act, 1948

2. The Plantation Labour Act, 1951
3. The Family Courts Act, 1954
4. The Special Marriage Act, 1954
5. The Hindu Marriage Act, 1955
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6. The Hindu Succession Act, 1956 with amendment in 2005

7. Immoral Traffic (Prevention) Act, 1956
8. The Maternity Benefit Act, 1961 (Amended in 1995)
9. Dowry Prohibition Act, 1961
10. The Medical Termination of Pregnancy Act, 1971
11. The Contract Labour (Regulation and Abolition) Act, 1976
12. The Equal Remuneration Act, 1976
13. The Prohibition of Child Marriage Act, 2006
14. The Criminal Law (Amendment) Act, 1983
15. The Factories (Amendment) Act, 1986
16. Indecent Representation of Women (Prohibition) Act, 1986
17. Commission of Sati (Prevention) Act, 1987
18. The Protection of Women from Domestic Violence Act, 2005

Special Initiatives For Women

(i) National Commission for Women

In January 1992, the Government set-up this statutory body with a specific mandate to study and
monitor all matters relating to the constitutional and legal safeguards provided for women,
review the existing legislation to suggest amendments wherever necessary, etc.

(ii) Reservation for Women in Local Self –Government

The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one-third of the
total seats for women in all elected offices in local bodies whether in rural areas or urban areas.

(iii) The National Plan of Action for the Girl Child (1991-2000)

The plan of Action is to ensure survival, protection and development of the girl child with the
ultimate objective of building up a better future for the girl child.

(iv) National Policy for the Empowerment of Women, 2001

The Department of Women & Child Development in the Ministry of Human Resource
Development has prepared a National Policy for the Empowerment of Women in the year 2001.
The goal of this policy is to bring about the advancement, development and empowerment of
women.
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UNIT: II

Qs. Inheritance rights of Hindu women under Hindu Succession Act 1956 as amended in
2005,

Ans. Section 14 of the Hindu Succession Act, 1956 had brought drastic change in concept of
property of a female. Now, a female being considered to be complete owner of his property,
provided that at the time of this Act
a) She is Hindu
b) Is living, and
c) The property is in her possession.
As to the question of possession, Mangal Singh V/s Smt. Ratnu
(A.I.R1967 S.C. 1787) and Monomayi V/s Upeshwari (A.I.R. 1994 Guwahati 18)- It was held
that such possession may be actual or constructive.
In the case of D.M. Venkatramannappa Vs Chick dattappa (AIR 2006 Karnatak 154) it has
been said that where the property has been given to a Hindu female for livelihood for life long
under an agreement in partition, there that property will be treated as absolute property of that
female.
Succession of Property of Female
Section 15 of the Act provides for the succession of Hindu Female dying intestate. Section 15(1)
distributes the heirs of deceased Hindu Female in following five classes-
a) Firstly, sons and daughters (which includes the children of predeceased son or
daughter) and husband;
b) Secondly, heirs of husband;
c) Thirdly, father and mother; and
d) Fourthly, heirs of father; and
e) Finally, heirs of mother.
Under section 16(1) of the Hindu Succession Act, 1956, illegitimate children has been
considered as legitimate children for the purpose of succession, such children are entitled to get
share in the property of mother-father. (Parmanand Vs Jagrani, A.I.R. 2007 Madhya Pradesh
242)
Similarly, it includes son and daughter by natural birth, legitimate or illegitimate, posthumous
children and adopted children but does not include step sons and daughters. (Gurbachan Vs
Khichar Singh A.I.R. 1971 Punjab and Haryana, 240)
When a Hindu female dying intestate does not have any heir, then her property shall devolve
with the state. (State of Punjab V/s Balwant Singh, A.I.R. 1991 S.C. 2301).
In the case of Pooran Chand Vs Bholi (A.I.R. 2012 Himachal Pradesh 32) it has been held by
the Himachal Pradesh High Court that where a Hindu female dies intestate, there the devolution
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of property got from her father by such deceased female will exclude her husband alongwith her
daughters.
The property of a female can be divided into three categories in respect to succession-
1. Property obtained in succession from father or mother;
2. Property obtained in succession from husband or father-in-law; and
3. Other property.
Succession of property obtained from parents:
Section 15(2) (a)says that if any female had received any property in succession from her father
or mother then such property shall devolve firstly within her sons and daughters, and if the sons
and daughters do not exist, then it shall devolve among the heirs of father. (Mahadevappa V/s
Goraamma, A.I.R. 1973 Mysore 142).
Bhagat ram V/s Teja Singh (A.i.R. 1999 S.C. 1944)- Supreme court held that if any female
receives property in succession from her mother then such property shall after her death go to her
sister, but not to the hers of her husband.
Smt. Taramani v/s Narendra Kumar (A.I.R. 2002 Punjab and Haryana 365) is a good example
in this context. The father had two daughters, one married and other unmarried. At the time of
death of father, no one else was in existence, i.e. neither the son nor the wife. The father by his
will gave the daughters right of enjoying the property for their lifetime and after their death the
property had to devolve among the colletaral heirs of the father. Court said that- At the time of
implementation of the act, the unmarried daughter became the absolute owner of the property.
Therefore, after her death the property shall not devolve among the brothers of father, rather
shall desolve to the married sister.
Succession of property obtained from Husband and Father-in-law:
Section 15(2)(b) of the act facilitates that if any female receives property in succession from her
husband or father-in-law, then such property shall firstly devolve among her sons and daughters
and in case of non-existence of her sons and daughters, it shall devolve among the heirs of
husband.
Succession of other Property:
Excluding the property received in succession from parents and husband or father-in-law, all
other properties shall devolve according to the mentioned heirs of section 15(1). The general rule
of preference is that the prior class shall have preference over the subsequent class.
Illustration – the property received in succession from brother, gifts at the time of marriage,
other gifts, etc. shall devolve under this category.

Hindu Succession Act 1956 as amended in 2005

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Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and
daughters were different. While sons had complete right over their father's property, daughters
enjoyed this right only until they got married. After marriage, a daughter was supposed to
become part of her husband's family.

Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one
person, all lineal descendants of a common ancestor. A HUF can be formed by people of Hindu,
Jain, Sikh or Buddhist faith.

Daughters' rights in Hindu Succession Act, 2005

Earlier, once a daughter was married, she ceased to be part of her father's HUF. Many saw this as
curtailing women's property rights. But on September 9, 2005, the Hindu Succession Act, 1956,
which governs the devolution of property among Hindus, was amended. According to Hindu
Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered
a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF
property. The amendment now grants daughters the same rights, duties, liabilities and disabilities
that were earlier limited to sons.

Earlier, according to the ruling, a daughter can avail of the benefits granted by the amendment
only if her father passed away after September 9, 2005. and the daughter is eligible to be a co-
sharer only if the father and the daughter were alive on September 9, 2005. However, on
February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on
the date of amendment will be entitled to share in father’s property, thus making her children too
to claim this right.

Equal right to be coparceners

I. A coparcenary comprises the eldest member and three generations of a family. It could
earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather.
Now, women of the family can also be a coparcener.
II. Under the coparcenary, the coparceners acquire a right over the coparcenary property by
birth. The coparceners' interest and share in the property keep on fluctuating on the basis
of the number of members according to the birth and death of the members in the
coparcenary.
III. Both ancestral and self-acquired property can be a coparcenary property. While in case of
ancestral property, it is equally shared by all members of the coparcenary, in case of self-
acquired, the person is free to manage the property according to his own will.
IV. A member of the coparcenary can also sell his or her share in the coparcenary to a third
party. However, such a sale is subject to the Right of Pre-emption of the remaining
members of the coparcenary. The remaining members, however, have the “right of first
refusal” over the property, to stop the entry of an outsider.
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V. A coparcener (not any member) can file a suit demanding partition of the coparcenary
property but not a member. Thus, the daughter, as a coparcener, can now demand the
partition of her father's property.

Qs. Inheritance rights of Muslim women under Muslim law.

Ans. As we have seen a bo e there is no such thing lie paternal or self acquired or self acquired
property for the purpose of inheritance in Muslim law. All types of property have been
considered to be similar. The property left after deducting the following expenses is inheritable
property-
a. Funeral expenses of the deceased.
b. Expenses of obtaining probate and letters of administration from the court
c. Wages for personal service to the deceased within three month of his death.
d. Payment of Debt of the deceased and
e. Legacies-subject to the limits of testamentary powers.
When inheritance is opened
Under Muslim law the right of inheritance is available only on the death of the person. There is
nothing like right by birth. No person can claim interest or share in property on the ground of
inheritance till the person is living. In the other words the inheritance in Muslim law is opened
only on the death of the person.
In the case of Immamul Hassan Chuadhary v/s State of Bihar (A.I.R. 1982 Patna) it was
held by the Patna high court that in Muslim law such interest or right creates only after the death
of father or son.
How many kinds of heirs under Sunni law
Where a muslims dies the following three questions arises for consideration about the succession
to his estate
I. who are his possible heirs and successors
II. who among possible heirs and successors are entitled to inherit what
III. shares are to be allotted to actual heirs?
For the porpose the persons entitled to inherit or succeed are divided into-
I. Sharers or Koranic herirs
II. Residuaries
III. Distant kindered
I. Sharers or Koranic heirs
There are 12 relatives who have certain prescribed shares. Sharers or Koranic heirs under
Muslims law are those relatives whose shares have been specifically fixed by Quran that is to say
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those relatives who get a fixed share of estate of the deceased. After death of deceased at the first
it is ascertained that which sharers belongs to this class of sharers. The respective share is
allotted such persons. These are also called first class of sharers.
The following persons come under this category
Male sharers-
1 Husband
2 Father
3 True grandfather, how highsoever
4 Uterine brother
Female Sharers-
1. Wife
2. Mother
3. True grandmother how highsoever
4. Daughter
5. Son’s daughter how lowsoever
6. Uterine sister
7. Full sister
8. Consanguine sister
II. Residuaries
Sharers of second class are called as Residuaries sharers. If there are no first class heirs, the
Residuaries will succeed to whole inheritance or the residue after allotting the specific shares to
the sharers goes to the Residuaries. Agnates of the deceased come in this category. For this
reason, they are also called agnatic heirs.
This class is titled as Residuaries for the reason that the property of deceased firstly distributed in
sharers and the remaining property is being distributed in these residue sharers.
The following persons come under this category-
(1) Descendents
1. Son
2. Son’s son
(2) Ascendants
3. Father
4. True grandfather
(3) Descendants of father
5. Full brother
6. Full sister
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7. Consanguine sister
8. Consanguine brother
9. Full brother son
10. Consanguine brother’s
11. Full brother’s son’s son
12. Consanguine brother’s son’s son
Table of heirs and their respective share under Sunni law (Hanafi school)
SUNNI LAW OF INHERITANCE
Table of sharers

Sharers Normal Share Conditions Variation of

under which the shares
When only one When two or
normal share is
heir is present more heirs are
inherited
present
Husband 1/4 In the presence 1/2 in absence
of a child or of a child or
child of a son child of a son
how low so how low so
ever ever
Wife 1/8 1/8 In the presence 1/4 in absence
of a child or of a child or
child of a son child of a son
how low so how low so
ever ever
Daughter 1/2 2/3 In the absence In presence of a
of a son. son she
becomes a
residuary
Father 1/6 In the presence In absence of a
of a child or child or child of
child of a son a son how low
how low so so ever the
ever father inherits
as a residuary.
Mother 1/6 In the presence 1/3 in the
of a child or a absence of a
child of a son child or child of
how low so a son how low
 16

ever, or two or so ever, and not

more brothers more than one
or sisters, or brother or sister
even one full, (if any); but if
consanguine or the wife or
uterine brother husband and
and one such the father, is
sister. also present,
then only1/3 of
what remains
after deducting
the share of the
spouse.
True 1/6 In the presence In absence of a
grandfather of a child or child or child of
child of a son a son how low
how low so so ever, the true
ever, and in grandfather
absence of the inherits as a
father or a residuary,
nearer true provided there
grandfather. is no father or
nearer true
grandfather.
True 1/6 1/6 A maternal true
grandmother grandmother
takes in
absence of a
mother, and a
nearer true
grandmother
and a paternal
true
grandmother
takes in
absence of a
mother, father,
a nearer true
grandmother
and an
intermediate
true
grandfather.
Son’s daughter 1/2 2/3 In absence of a In absence of a
how low soever son, daughter, a son, higher
 17

higher son’s son’s son, or an

son, higher equal son’s son
son’s daughter, and when there
or an equal is only one
son’s son. daughter, or
higher son’s
daughter the
daughter or
higher son’s
daughter will
take 1/2 and the
son’s daughter
how low so
ever (whether
one or more)
will take 1/6.
Son’s daughter 1/2 2/3 In absence of a In absence of a
son, daughter, son or son’s son
or son’s son and in presence
of a only one
daughter the
son’s daughter
(whether one or
more) will take
1/6. (In
presence of a
son’s son, she
becomes a
residuary.)
Son’s Son’s 1/2 2/3 In absence of a In absence of a
Daughter son, daughter, son, son’s son
son’s son, son’s or son’s son’s
daughter, or a son and in
son’s son’s son. presence of
only daughter
or son’s
daughter, the
son’s son’s
daughter
(whether one or
more) will take
1/6. (In
presence of a
son’s son’s son
she becomes a
 18

residuary.)
Uterine brother 1/6 1/3 In absence of a
Uterine sister child, child of a
son how low so
ever, father or
true
grandfather.
Full sister 1/2 2/3 In absence of a In presence of a
child, child of a full brother she
son how low so becomes a
ever, father, residuary.
true
grandfather,
full brother.
Consanguine 1/2 2/3 In absence of a When there is
sister child, child of a only one full
son how low so sister and she
ever, father, succeeds as a
true sharer, the
grandfather, consanguine
full brother, full sister (whether
sister, or one or more )
consanguine will take 1/6, if
brother. she is not
otherwise
excluded. (With
the consanguine
brother she
becomes a
residuary).

Qs. Inheritance rights of Christian women under Christian law

Ans. Every law of succession defines the rules of distribution of property in case a person dies
without making a will. The Christian Law of Succession is governed by the provisions in the
Indian Succession Act, 1925. However, with respect to Indian Christians, the diversity in
inheritance laws is greatly intensified by making domicile a criterion for determining the
application of laws. Till January 1986, Christians in the State of Kerala were governed by two
different Acts – those domiciled in Cochin were subject to the application of the Cochin
Christian Succession Act, 1921, while the Travancore Christians were governed by the
Travancore Christian Succession Act, 1916. These two Acts have now been repealed and the
 19

Christians following these laws earlier are now governed by the general scheme of inheritance
under the Indian Succession Act, 1925.

The Concept Of Succession

Before venturing into a discussion on the Christian Law of Succession, we would do well to first
make a preliminary study of what exactly succession is. Succession, in brief, deals with how the
property of a deceased person devolves on his heirs. This property may be ancestral or self-
acquired, and may devolve in two ways:

I. By Testamentary Succession, i.e. when the deceased has left a will bequeathing his
property to specific heirs
II. By Intestate Succession, i.e. when the deceased has not left a will, whereby the law
governing the deceased (according to his religion) steps in, and determines how his estate
will devolve.

The Indian Succession Act, 1925

The religion of the deceased determines the succession to his estate. For example, succession
among Hindus is governed by the Hindu Succession Act, 1956. As such, Christians in general
are governed by the Indian Succession Act of 1925 for succession purposes.

S. 2(d) of the Act defines an “Indian Christian” hereby: “Indian Christian” means a native of
India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any
form of the Christian religion.

Rights of The Widow

33. Where intestate has left widow and lineal descendants, or widow and kindred only, or
widow and no kindred —

Where the intestate has left a widow—

I. if he has also left any lineal descendants, one-thirds of his property shall belong to his
widow, and the remaining two-thirds shall go to his lineal descendants, according to the
rules hereinafter contained;
II. save as provided by section 33A if he has left no lineal descendant, but has left persons
who are of kindred to him, one-half of his property shall belong to his widow, and the
other half shall go to those who are kindred to him, in the order and according to the rules
hereinafter contained;
III. if he has left none who are of kindred to him, the whole of his property shall belong to his
widow.

33A. Special provision where intestate has left widow and no lineal descendants
 20

(1) Where the intestate has left a widow but no lineal descendants and the net value of his
property does not exceed five thousand rupees, the whole of his property shall belong to the
widow.

(2) Where the net value of the property exceeds the sum of five thousand rupees, the widow shall
be entitled to five thousand rupees thereof and shall have a charge upon the whole of such
property for such sum of five thousand rupees, with interest thereon from the date of the death of
the intestate at 4 per cent. per annum until payment.

(3) The provision for the widow made by this section shall be in addition and without prejudice
to her interest and share in the residue of the estate of such intestate remaining after payment of
the said sum of five thousand rupees with interest as aforesaid, and such residue shall be
distributed in accordance with the provisions of section 33 as if it were the whole of such
intestate’s property.

(4) The net value of the property shall be ascertained by deducting from the gross value thereof
all debts, and all funeral and administration expenses of the intestate, and all other lawful
liabilities and charges to which the property shall be subject.

(5) This se and where he has left no kindred — Where the intestate has left no widow, his
property shall go to his lineal descendants or to those who are of kindred to him, not being lineal
descendants, according to the rules hereinafter contained; and, if he has left none who are of
kindred to him, it shall go to the Government.

Section 34 Where intestate has left no widow, and where he has left no kindred.
Where the intestate has left no widow, his property shall go to his lineal descendants or to those
who are of kindred to him, not being lineal descendants, according to the rules hereinafter
contained; and, if he has left none who are of kindred to him, it shall go to the Government.
43. Where intestate’s father dead, but his mother, brothers and sisters living

If the intestate’s father is dead, but the intestate’s mother is living and there are also brothers or
sisters of the intestate living, and there is no child living of any deceased brother or sister, the
mother and each living brother or sister shall succeed to the property in equal shares.

Illustration A dies intestate, survived by his mother and two brothers of the full blood, John and
Henry and a sister Mary, who is the daughter of his mother but not of his father. The mother
takes one-fourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-
fourth.

44. Where intestate’s father dead and his mother, a brother or sister, and children of any
deceased brother or sister living
 21

If the intestate’s father is dead but the intestate’s mother is living, and if any brother or sister and
the child or children of any brother or sister who may have died in the intestate’s lifetime are also
living, then the mother an each living brother or sister, and the living child or children of each
deceased brother or sister, shall be entitled to the property in equal shares, such children (if more
than one) taking in equal shares only the shares which their respective parents would have taken
if living at the intestate’s death.

Illustration A, the intestate, leaves his mother, his brothers John and Henry, and also one child
of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who
was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each
take one-fifth, the child of Mary takes one-fifth, and the two children of George divide the
remaining one-fifth equally between them.

45. Where intestate’s father dead and his mother and children of any deceased brother or
sister living

If the intestate’s father is dead, but the intestate’s mother is living, and the brothers and sisters
are all dead, but all or any of them have left children who survived the intestate, the mother and
the child or children of each deceased brother or sister shall be entitled to the property in equal
shares, such children (if more than one) taking in equal shares only the shares which their
respective parents would have taken if living at the intestate’s death.

Illustration A, the intestate, leaves no brother or sister but leaves his mother and one child of
deceased sister, Mary and two children of deceased brother George. The mother takes one-third,
the child of Mary takes one-third, and the children of George divide the remaining one-third
equally between them. 46. Where intestate’s father dead, but his mother living and no brother,
sister, nephew or niece — If the intestate’s father is dead, but the intestate’s mother is living, and
there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property
shall belong to the mother.

Qs. Inheritance rights of Parsi women under Parsi law

Ans.

50. General principles relating to intestate succession —

For the purpose of intestate succession among Parsis—

I. there is no distinction between those who were actually born in the lifetime of a person
deceased and those who at the date of his death were only conceived in the womb, but
who have been subsequently born alive;
II. a lineal descendant of an intestate who has died in the lifetime of the intestate without
leaving a widow or widower or any lineal descendant or a widow or widower of any
 22

lineal descendant shall not be taken into account in determining the manner in which the
property of which the intestate has died intestate shall be divided; and
III. where a widow or widower of any relative of an intestate has married again in the
lifetime of the intestate, such widow or widower shall not be entitled to receive any share
of the property of which the intestate has died intestate, and such widow or widower shall
be deemed not to be existing at the intestate’s death.

51. Division of intestate’s property among widow, widower, children and parents —

(1) Subject to the provisions of sub-section(2), the property of which a Parsi dies intestate shall
be divided, —

a. where such Parsi dies leaving a widow or widower and children, among the widow or
widower, and children so that the widow or widower and each child receive equal shares;
b. where such Parsi dies leaving children, but no widow or widower, among the children in
equal shares.

(2) Where a Parsi dies leaving one or both parents in addition to children or widow or widower
and children, the property of which such Parsi dies intestate shall be so divided that the parent or
each of the parents shall receive a share equal to half the share of each child.

54. Division of property where intestate leaves no lineal descendant but leaves a widow or
widower of any lineal descendant —

Where a Parsi dies without leaving any lineal descendant but leaving a widow or widower or a
widow or widower of a lineal descendant, the property of which the intestate dies intestate shall
be divided in accordance with the following rules, namely:—

a. if the intestate leaves a widow or widower but no widow or widower of a lineal

descendant, the widow or widower shall take half the said property;
b. if the intestate leaves a widow or widower and also a widow or widower of any lineal
descendant, his widow or her widower shall receive one-third of the said property and the
widow or widower of any lineal decendant shall receive another one-third or if there is
more than one such widow or widower of lineal descendants, the last mentioned one-third
shall be divided equally among them;
c. if the intestate leaves no widow or widower, but one widow or widower of a lineal
descendant, such widow or widower of the lineal descendant shall receive one-third of
the said property or, if the intestate leaves no widow or widower but more than one
widow or widower of lineal descendants, two thirds of the said property shall be divided
among such widows or widowers of the lineal descendants in equal shares;
d. the residue after the division specified in clause (a), or clause (b) or clause (c) has been
made shall be distributed among the relatives of the intestate in the order specified in Part
I of Schedule II; and the next-of-kin standing first in Part I of that Schedule shall be
 23

preferred to those standing second, the second to the third and so on in succession,
provided that the property shall be so distributed that each male and female standing in
the same degree of propinquity shall recieve equal shares;
e. if there are no relatives entitled to the residue under clause (d), the whole of the residue
shall be distributed in proportion to the shares specified among the persons entitled to
receive shares under this section.]
 24

UNIT: III WOMEN AND MATRIMONIAL LAWS—COMPARATIVE STUDY

1. Marriage

Ans. Hindu marriage

Ans. Marriage in Hindu culture is considered to be a sacred ritual. The relation of Husband and
wife is considered as made for from birth to birth or forever. Once person entered into marriage
it cannot then be easily dissolved. After that both have to spend lives with each other. It is
reason that wife is called the second half.
There are several synonyms in Hindu Dharamshastras for Husband and wife. Husband is called
‘Bhartar’ because he maintains his wife. He is called ‘Swami’ because the wife is his
responsibility. He is called the ‘Parameshwar’ because a greatest duty of wife is the service of
Husband. Similarly, wife is called ‘Jaya’ because child is born through her. Wife is called as
‘Lashmi’. Wife is the best friend of Husband; she is the path of dharma, artha, Kama and
moksha.
Thus, Hindu marriage is a sacred relation as par the Dharamshastras. Every person is required to
marry not only for child birth, but also for the performance of religious and spiritual duties and to
release the father from his debt.
Nature of Hindu Marriage—
I. Hindu marriage considered as sacrament
II. The reason of Hindu marriage is for performing all the religious and spiritual duties
of the father by the son
III. It’s a union of next seven world
IV. Marriage cannot be dissolved on ground whatsoever
V. It’s a Internal union
VI. It’s not a contract like a muslim marriage
VII. Wife is considered as Ardhnarishwar (Half of man)
Essential conditions of a Valid Hindu marriage
Section 5 of the Hindu Marriage Act 1955 mentions essential conditions of marriage. According
to it, following conditions are to be fulfilled for a valid marriage.
By virtue of section 5 of the Hindu Marriage Act 1955, a marriage will be valid only if both the
parties to the marriage are Hindus. If one of the parties to the marriage is a Christian or Muslim,
the marriage will not be a valid Hindu marriage
“A marriage may be solemnized between any two Hindus, if the following conditions are
fulfilled, namely:-
1. Either of the parities at the time of marriage, shall not have a living husband or wife or
Monogamy (Sec 5 Clause (1))
This provision Prohibits bigamy .The marriage should be monogamous. Under the Hindu Law a
person can validly marry if he or she is either unmarried or divorced or a widow or a widower. If
 25

at the time of the performance of the marriage either party has a spouse living or the earlier
marriage had not already been set aside, the later marriage is void. A bigamous marriage is null
and void and is made punishable.
Devi Ramma v/s Gangava (A.I.R. 2006 NOC 535 Karnataka) Marriage of ‘C’ happened with
a deceased Sammoshin. Later on, ‘C’ married to defended that the marriage is legally valid,
because the plaintiff accepted ‘Sanyas’ (ascetic) by renouncing the world. But court has not
considered it a legally valid marriage because the previous marriage was not dissolved legally.
Dr. Surah Moni v/s Durga Charan A.I.R. 2001 SC 938
The Court held that as per the customs and Usage, polygamy is recognisable in schedule tribes
then under such circumstances, the customs and Usage will supersede.
2. Mental Capacity (Sec 5 Clause (2))
The parties to the marriage should not suffer from unsoundness of mind, mental disorder or
insanity. In all the cases given in sec 5 clause (2) the party is regarded as not having the mental
capacity to solemnize the marriage. So if a party who solemnize the marriage is suffer from
unsoundness of mind, mental disorder or insanity, the marriage is voidable at the opinion of the
other party.
It is to be noted that Sec 5(2) (c) of the Hindu Marriage Act 1955 has been amended by the
Marriage Laws (Amendment) Act 1999 and the word ‘epilepsy’ is omitted. The result is that at
present even if a party to the marriage is subject to recurrent attacks of epilepsy, the marriage is
valid and the other party cannot seek for nullity of marriage.
3. Age to the parties (Sec 5 Clause (3))
At the time of marriage the bridegroom has completed the age of 21 years and the bride the age
of 18 years .If a marriage is solemnized in contravention of this condition is neither void nor
voidable.
Punishment:- By Section 18 of the Act ,anyone who procures a marriage in violation of the
condition is liable to be punished with simple imprisonment which may extent up to 15 days or
with fine which may extend up to Rs. 1000/- or with both.
4. Degrees of Prohibited relationship (Sec 5 Clause (4))
The parties to the marriage should not come within the degrees of prohibited relationship. Two
persons are said to be within the degrees of prohibited relationship
i) if one is a lineal ascendant of the other; or
ii) if one was the wife or husband of lineal ascendant or descendant of the other; or
iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfathers
or grandmothers brother of the other; or
iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and
sister or of two brothers or of two sisters.
 26

A marriage between two persons who come within the degrees of prohibited relationship shall be
void. However, if there is a valid custom or usage governing both the parties allows they can
marry even though they come within the degrees of prohibited relationship. All over India, there
are such custom which validate marriage between persons who come within the degrees of
prohibited relationship.
For instance, marriage between the children of brother and sister is common among the
marumakathayam of Kerala. In some parts of Tamil Nadu, Marriage between a person and his
eldest sister’s daughter is common. Here the parties though come within the degrees of
prohibited relationship they can validly marry by virtue of custom or usage. It is essential that the
custom or usage should be certain, reasonable and not opposed to public policy.
Punishment:-According to Sec.18(b) A marriage solemnized between the parties within the
degrees of prohibited relationship is null and void and the parties of such marriage are liable to
be punished with simple imprisonment for a period of one month of fine or Rs. 10000/- or with
both.
5. Sapinda Relationship (Sec 5 Clause (5))
The parties to the marriage should not be related to each other as Sapindas. A marriage between
Sapindas is void.
Under Section 3(f) (i) “Sapindas relationship” with reference to any person extends as far as the
third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in
the line of ascent through the father, the line being traced upwards in each case from the person
concerned, who is to be counted as the first generation.
(ii) Two persons are said to be “Sapindas” of each other if one is a lineal ascendant of the other
within the limits of "sapinda" relationship, or if they have a common lineal ascendant who is
within the limits of "sapinda" relationship with reference to each of them.
No marriage is valid if it is made between parties who are related to each other as ‘Sapindas’
unless such marriage is sanctioned by usage or custom governing both parties. The custom which
permits of a marriage between persons who are Sapindas of each other must fulfill the
requirements of a valid custom. The custom must be certain, reasonable and should not be
opposed to public policy.
Punishment: - A marriage in contravention of this clause is void. Under Sec 18(b) A person
contravening this provision are liable to be punished with simple imprisonment which may be
extend to Rs. 1000/- or with both.

Ceremonies of a Hindu Marriage

Section 7 of the Hindu Marriage Act 1955 recognizes the ceremonies and customs of marriage.
A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of
either party to the marriage .The parties to the marriage fulfill the conditions prescribed as
follows:
 27

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies
of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by
the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and
binding when the seventh step is taken.
Ceremonies vary according to custom. The presentation of a pair of cloth by the bridegroom to
the bride (pudava koda) is an important customary rite among the Nair caste in Kerala. Tying of
a sacred thread around the neck of the bride (Mangalya Sutra or Tali ) is another rite. Exchange
of rings or garlands also is common. A marriage will be valid only if the ceremony through
which it is solemnized is sanctioned by the religion of either party as customary ceremony.
Registration of Hindu marriage
The Supreme Court of India has ordered the compulsory registration of all marriages in India,
irrespective of the religion. In India a marriage can be registered under either of the two
marriages Act:
The Hindu Marriage Act, 1955
The Special Marriage Act, 1954
The Hindu Marriage Act is applicable only to the Hindus, The Hindu Marriage Act provides for
registration of an already solemnized marriage. It does not provide for solemnization of marriage
by the Registrar. For facilitating the proof of Hindu marriages, the state government may make
rules for the registration of marriages. Section 8 of the Hindu Marriage Act, 1955 provides for
the registration of Marriage. All rules made in this section may be laid before the state
legislature.
A Hindu marriage, which has already been solemnized in accordance with the religious customs
and rituals, can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is
applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where
they have converted into any of these religions. The parties to the marriage have to apply to the
concerned authority in whose Jurisdiction the marriage is solemnized or either party to the
marriage has been residing. Along with the application form they have to attach two photographs
of the marriage ceremonies, invitation card of marriage, age and address proof of both parties,
affidavit of Notary/Executive Magistrate to prove that the couple is married under Hindu
Marriage Act 1955, fit mental condition, non relationship between the parties within the degree
of prohibition.
Both the parties have to appear before the Registrar along with their parents or guardians or
other witnesses within one month from the date of marriage. Marriage is registered before a
marriage registrar/tahsildar of the district, wherever the parties got married. The registration
under the Hindu marriage Act does not require any notice. It can be done on the same day of the
filing of application or a few days of moving the application for marriage. The parties will
receive a marriage certificate within few days, which is a proof of registration of marriage.
 28

Qs. Void and Voidable marriage under Hindu law

Marriage is the voluntary union of one man with one woman to the exclusion of all others,
satisfied by the solemnisation of the marriage. The Hindu Marriage Act, 1955 provides for three
types of marriages:
1. Valid
2. Void and
3. Voidable.
The difference between these three relates to the pre-marriage impediments to marriage which
are clearly enunciated in Section 5 of the Act. If there exist, absolute disablements or
impairments, a marriage is void ab initio. Section 11 deals with void marriages. If relative
disablements or impairments exist, a marriage is voidable. Section 12 deals with voidable
marriages. All other marriages which are not covered by these two Sections are valid.
VOID MARRIAGE
Section 5 of the Hindu Marriage Act 1955 includes essential conditions of a valid marriage. It
contains such conditions which if violated shall result in a void marriage. Section 11 of the Act
had considered following marriage to be void:-
I. Where at the time of marriage any party has a living husband or wife i.e., bigamous
marriage is void
II. Where parties to the marriage fall within sapinda relationship i.e., same blood. A person
cannot marry in the same family i.e., to a person from A. Five generation from the
paternal side, B. Three generations from the maternal side, C. The parties are within the
prohibited degree of relationship.
III. Where parties to the marriage come with degrees of prohibited relationship.
In the case of Rampyari v. Dharamdas AIR 1984, it was said by Allahabad High Court that an
application for declaring a marriage void is not required to be presented by the victim only.
In another case of Leela v. Lakshmi AIR 1968, it was held that void marriage does not require
even the decree of a court.
In M.M. Malhotra v. UOI, the Apex Court observed that the marriages covered by Section 11
are void ipso jure, that is, void from the very inception and have to be ignored as not existing in
law at all if and when such a question arises. Although the Section permits a formal declaration
to be made on the presentation of the petition, it is not essential to obtain in advance such a
formal declaration from a court in a proceeding commenced for the purpose. If one withdraws
from the society of the other, the other party has no right to the restitution of conjugal rights. If
one of them marries again, he or she is not guilty of bigamy and the validity of later marriage is
not affected because of the first so called marriage.
In Uma Shanker v. Radha Devi, the Patna High Court ruled that the first wife could obtain a
perpetual injunction to prevent the second marriage of her husband under Section 9 of the Civil
Procedure Code and Section 54 of the Specific Relief Act.
 29

Consequences of a void marriage

I. The parties have no status of wife and husband
II. Children of a void marriage are illegitimate (this is subject to the provision of section 16
of Hindu Marriage Act 1955).
III. Avoid marriage doesn’t give rise to mutual rights and obligations.
VOIDABLE MARRIAGE
A marriage which can be annulled or avoided at the option of one or both the parties is known as
a voidable marriage. Section 12 of Hindu Marriage Act contains relevant provisions of Voidable
Marriage. According to it, in the case of marriage being voidable, the court may declare it Null
under following conditions:-
I. Where marital cohabitation has not occurred due to the impotency of the respondent.
II. Where at the time of marriage any party failed to give valid consent due to unsoundness
or has been affected by mental retardedness to such extent that he is incapable to
marriage and giving birth to a child, or suffers from frequent insanity or is insane.
III. Where the consent of guardian is necessary for the marriage and such consent has been
obtained by force or by fraud as to nature of rituals or any actual facts or circumstances
as to the respondents.
IV. Where the respondent is pregnant at the time of marriage from a person other than the
applicant.
GROUNDS OF DECLARING A MARRIAGE VOIDABLE
A marriage is voidable on the ground of consent obtained by fraud as force, then such marriage
shall be declared null only when:-
(a) The applicant is presented within one year from the date of knowledge of fraud as the force
used.
(b) The parties have not lived as husband and wife after the knowledge of force used or fraud.
Similarly, if the marriage is voidable due to the pregnancy of wife then such marriage shall
be declared null only when the court is satisfied that:-
(a) The applicant was unaware of the pregnancy of the wife at the time of marriage.
(b) If the marriage has been solemnized before this Act came into force, then the application
shall be presented within one year from the date of enforcement of the Act or if the marriage has
been solemnized after the act came into force then the application shall be presented within one
year from such marriage.
(c) The applicant has not voluntarily cohabitated after the knowledge of pregnancy of wife.
(d) Wife had been pregnant from a person other than the applicant.
(e) She was pregnant before the marriage.
 30

Muslim marriage

In the pre-Islam Arabia, the laws were favorable towards males and discriminatory against the
women. Polygamy had to be accounted for in a very few blood relationships like in marriage
with one’s real mother or sister. Marriages were of different kinds and divorce was simple and
easy for the man. With absolute rights vested in men and no checks led to men denying the
women their basic rights.
Islam brought with it a due status for women and regarded them as dignified members of the
society. ‘Nikah’ literally means ‘to tie up together’ and referred to the Islamic marriage. It is a
matrimonial contract as well as an institution that gives the women a particular and high status in
the society. Nikah was to ensure stability in a married life as it bound both the partners together
for an indefinite period and also required the woman to be honored with the mahr.
Islam allows limited polygamy, i.e. four wives at a time. This was allowed as during the
numerous wars during the Prophet’s time in Arabia, many Muslim men lost their lives. Thus, the
women outnumbered the men. The war-widows and orphans became destitute as they had no
standing in the society and lead miserable lives. In order to prevent injustice, Quran allows
limited polygamy through the following Ayat: “marry of the women, who seem good to you, two
or three or four, if you fear that you cannot do justice to so many, then one.”
Justice refers to equal love and affection as well as boarding and lodging. The Quran has another
Ayat that “you will not be able to deal equally between your wives however much you wish to
do so”. Thus, it can be safely inferred that though Islam permits four wives at a time it is actually
in favour of monogamy. The Motazila Muslims follow monogamy strictly. But Muslims all over
the globe follow the traditions of the Prophet and practise polygamy.
As per the statistics, Indian Muslims seem to prefer monogamy. Though they are allowed to have
four wives as per the law, the Muslim government servants require the government’s permission
before contracting the second marriage. Muslim countries like Turkey and Tunisia have laws for
monogamy. Pakistan has discouraged polygamy by implementing laws that makes it difficult to
marry two or more times.
DEFINITION
Hedaya says that “Marriage implies a particular contract used for the purpose of legalising
children.
Justice Mahmood has defined the Muslim marriage as “a purely civil contract”.
NATURE AND CONCEPT OF MARRIAGE
The object of a Muslim marriage is to legalise children and to a large extent to regulate and
validate the sexual relations. Apart from being a civil contract, it is also a social and religious
institution.
LEGAL ASPECT
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Legally speaking a Muslim marriage is a contract for it has a few elements of a contract. The
parties have to be competent and offer, acceptance and free consent form an important part.
Within a limit, the parties can decide the terms of the marriage and in case of breach; there are
provisions for the rights and obligations of the parties. It can be safely said that marriage is very
similar to a contract.
SOCIAL ASPECT
Marriage is a social institution and a social method to give an equal status to women. The dower,
which is essential for a Muslim marriage, provides a security net for the woman in case of need.
Limited polygamy helps raise the woman’s standing and dignity in the society. By placing
prohibitions on the marriage, the relationships of families can be regulated and the ill effects of
in breeding are avoided.
RELIGIOUS ASPECT
Marriage is the tradition of the prophet as well as present in the words of Quran. Thus, a person
who marries gets religious benefits and the abstainer would have committed a sin. In ANIS
BEGAM v MOHD. ISTAFA (1933)55 All, 743, it has been held to be a religious sacrament.
ESSENTIAL OF A VALID MARRIAGE
A marriage is a valid marriage or Sahih only if it is recognised by the courts to be lawful.
I) COMPETENCE OF THE PARTIES
a) Age of Puberty
For marriage, dower and divorce, the age of majority under the Muslim law is the age of puberty
and not 18 years of age. Though Hedaya says the minimum age of puberty for a boy is 12 years
and for a girl it is 9 years; it has been fixed at 15 years of age by the Privy Council in the year
1916. Thus, a boy or a girl of 15 years of age will be presumed to have attained the age of
puberty unless the contrary is proved.
Minor’s Marriage
Under Muslim law, a person under 15 years of age is presumed to be a minor and has no capacity
to give consent for marriage. Unless and until the guardian’s consent is not obtained the marriage
will be void. Guardians for marriage are different from guardians appointed by the court. The
order of the priority is as follows:
i) Father;
ii) Paternal Grandfather, however high;
iii) Brother or other male members of the father’s family;
iv) Mother; and
v) Maternal uncle, aunt or other maternal relatives.
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A remoter guardian for marriage cannot get the minor married off without actually following the
prescribed order and such a marriage will be void.
Shia Law says that only the father or the paternal grand-father however high can be the guardians
for marriage.
The Child Marriage Restraint Act, 1929 provides that a child marriage exists and will be valid
but the guardians and others who conduct it can be punished. A child marriage can be prevented
by an injunction.
Option of Puberty (Khyar-ul-Bulugh)
Under Muslim marriage, a minor on attaining the age of puberty can exercise the option of
puberty wherein the minor can approve or disapprove the marriage contracted by the guardian
who is not the father or the grandfather. If he disapproves, the marriage will dissolve with
immediate effect. If the minor says nothing, it will be presumed that he has approved the
marriage. As per the Shia law, a minor has to approve his marriage upon attaining the age of
puberty.
If the father or the grandfather has contracted marriage fraudulently or negligently, the minor can
repudiate the marriage on attaining the age of puberty. A wife can exercise the right even if the
marriage was contracted by her father or her grandfather. There can be no unreasonable delay in
the exercise of the option of puberty. The husband will lose his right to the option of puberty if
the marriage has been consummated. The wife will also lose her right unless the consummation
has taken place when the wife was still a minor and against her consent.
b) Soundness of Mind
Lunatics can get married during the lucid intervals for they can understand the consequences.
Idiots on the other hand cannot do so. Idiocy refers to an abnormal state of the mind wherein the
person cannot understand the consequences of their actions.
Marriage of insane persons
A person can contract a lawful marriage through a guardian. On recovering reason the said
person can repudiate the marriage.
c) Religion of the parties
The parties can marry any Muslim irrespective of sects or sub sects.
Inter-Religion Marriage
Under Sunni law, a male can marry a Muslim girl of any sect/ sub sect or even a Kitabia girl. A
Kitabia female is one who belongs to a community that originated in a book revealed by the
heavens. Thus, the Jews and the Christians can be wed to a Sunni male. A marriage with a non-
Muslim or non-Kitabia female, the marriage is merely irregular. Under Shia law, a marriage with
a non-Muslim or a Kitabia woman is not permitted. However, a Muta marriage may be
contracted with a Kitabia or Parsi female.
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Marriage of a Muslim Female with a non-Muslim male

A Muslim female has no right to contract a marriage with a non-Muslim even if he is a Kitabia
or Parsi. Such a marriage will be void.
The Special Marriage Act, 1954 allows any man or woman to get married to each other whether
a Muslim or a non-Muslim. The succession will be governed under the Indian Succession Act,
1925.
II) FREE CONSENT OF THE PARTIES
If the parties are sane and adults, they can give consent on their own and the marriage will be a
valid one. If the parties or one of them is either a minor or insane, the consent has to be obtained
by the guardian. The consent will be deemed free when it is made at will and given voluntarily
and not under any coercion or fraud.
Coercion is when the party is made to consent under the threat of harm to self or a loved one. All
sects and schools render a marriage under coercion to be void. The Hanafi School is the only
exception. It is believed in the school that three things can not be undone ever even if committed
as a joke. The three things are marriage, divorce and taking back.
Fraud refers to a dishonest concealment of facts or presentation of false facts or statements to
obtain consent. The moment the party whose consent was obtained by fraud comes to know of
such fraud, he or she may accept the marriage as a legal one or altogether reject it.
Mistake of Fact is when the parties agree but not on the same thing. Consent refers to the
meeting of the minds on the same issue. Where the identity of the bride to be, for example, is
mistaken, the marriage will be void.
III) FORMALITIES IN THE MARRIAGE
Under Muslim law, religious ceremonies are not essential for validating a marriage. The only
essential formalities are that of offer and acceptance.
Offer and Acceptance
Offer or Ijab signifies the willingness of a party to contract marriage with another. The offer
comes in form of a declaration from the boy or his guardian. This offer has to be accepted by the
girl or her guardian. This is referred to as acceptance or Qubool. Though no specific form exists,
the words must show the unequivocal intention of the parties orthe guardians to marry the
parties. It may be oral or written. When written down, it is referred to ass the Kabinnamah.
It is essential that the offer and acceptance occur at the same sitting. Thus, simultaneous actions
must become a joint whole. For example, the groom to be has to send the offer through another.
The bride must accept it in presence of others and then the marriage will be a valid one.
Reciprocity is another important aspect. The acceptance has to be for the proposal word to word,
as it is and without any variations.
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Conditional or Contingent Marriage is void even if the event that they are made dependent upon
does in fact occur.
Presence of Witnesses is not essential under the Shia law. Under the Sunni law, the offer and
acceptance needs to two competent witnesses. A Muslim male who is of sound mind and has
attained the age of puberty is a competent single witness. Two sane Muslim females who have
reached the age of puberty can also be treated as competent witnesses. Thus, two Muslim women
along with a competent Muslim male witness will be regarded as competent witnesses for the
marriage. Four females will not be regarded as competent witness. The term ‘witnesses’ does not
refer to any one specifically asked or invited for this purpose only.
Registration under Muslim law is not essential for the validity of the marriage. But certain
enactments provide for registration in the matters of marriage as well as divorces. The acts do so
because then there exists a proof of the marriage. But even then the registration is optional only
and not mandatory. It has also been held in a few cases that if the community custom requires
registration, even if it is in a different format, the marriage has to be registered then. Under the
Indian Christian Marriages Act, 1872, the registration of marriage will be essential if the
marriage is between a Muslim and a Christian.
IV) ABSENCE OF PROHIBITION
Prohibition refers to the impediments or restrictions placed on a person with respect to another
person or an action. The Muslim law provides that the marriage should not be a marriage against
Islam or have any other impediments to it. Absence of prohibition refers to the freedom to marry
a person for they do not stand in a particular relationship to each other. For example, a father
cannot marry his own daughter.
Absolute Prohibitions
They are mandatory and have to be followed or else the marriage will be void. If a person is
within the prohibited relationship of the other party, the marriage cannot take place.
Whether a person is within the prohibited relationship or not can be decided on the following
basis:
a) Consanguinity is relationship by Blood.
A Muslim cannot marry one’s own descendant, however high or descendents of one’ father or
mother no matter how low. Similarly brothers and sisters of one’s ascendants howsoever high
can not be married to. However, there is no prohibition in the marriage of cousin brothers or
sisters.
b) Affinity refers to relation by marriage.
A Muslim cannot marry the ascendant or descendant of one’s spouse or the spouse of one’s
ascendant or descendant.
c) Fosterage
 35

Refers to the relationship of nurture and feeding. A child is breast fed during its infancy. If the
person providing the feeds is someone other than the biological mother, the infant or child will
still stand in a prohibited relationship with her.
Relative Prohibitions
Where the compliance is not mandatory but non-compliance will be frowned upon. Any
marriage in violation will be only irregular and not void. As per Shia law, the marriage will be
either perfectly valid or void and not irregular.
a) Unlawful Conjunctions
A Muslim cannot have two wives at the same time if the wives are related to each other in a way
that would have made their marriage void if they had been of opposite sex. As per the Sunni law,
a marriage against this condition is irregular. The Shia law will treat violation as a void marriage.
The only exception will be if the marriage is with the wife’s consent.
b) Marriage with the fifth wife
If a Muslim man has more than five wives, it is merely irregular with respect to the fifth wife. If
he divorces a wife or a wife dies, the irregularity will be removed with respect to the fifth wife.
c) Marriage with a non-Muslim has been discussed early on in the chapter.
d) Marriage without witnesses is irregular as per Sunni law.
e) Marriage during Iddat is irregular as per the Sunni law and void as per the Shia law

Christian marriage Indian Christian Marriage Act, 1872,

Introduction

Under the Indian Christian Marriage Act, 1872, Christian marriages in India are performed by a
Minister or Priest in a church. After the marriage is performed the minister or priest enlists the
marriage and issues a marriage certificate, thereby endorsing the marriage. A marriage,
performed earlier by a Priest or Minister of the Church, can likewise be enrolled, in the register
by the registrar of marriages. In order to get a marriage registered, it is incumbent on each party
to the marriage to make an application to the concerned authority located within its place of
residence.

Essential Requirements

In order to constitute a valid marriage under the act, it is a requirement that either one or both
parties are Christians. Unless one of the parties to the marriage is governed by its own personal
law which forbids such a marriage on the grounds of prohibited degrees of relationship, thereby
rendering the marriage as void and redundant under the act. To constitute a legitimate marriage
under the act the following factors have to be complied with:-
 36

1. The bridegroom must not be under twenty-one years and the bride must not be under
eighteen years of age respectively;
2. Consent must be free and voluntary and not obtained by misrepresentation of facts,
compulsion or undue influence;
3. Neither party should have a spouse living at the time of marriage;
4. Marriage must be performed in the presence of at least two reliable witnesses, by a
person licensed to grant a certificate to the marriage.

Conditions for Performance of a Marriage by a Marriage Registrar

The following conditions have to be complied with for the performance of the marriage by the
Marriage Registrar appointed under the Act. They are as follows:

(a) Notice of Intended Marriage: A written application or notice is made by either party to
the marriage residing in the same area to the Marriage Registrar to notify the concerned authority
of their intention to get married. Incase both the parties reside in different areas, each party
would have to make a separate notice in writing to the Marriage Registrar located within their
areas of residence. The written application or notice is recorded in the ‘marriage notebook’ and is
pasted in a clear noticeable area in the office.

(b) A Pledge Before Registrar: Before the certificate of notice has been issued, either one
party to the marriage should make a personal appearance before the Marriage Registrar, pledging
that:

I. there is no obstacle ,natural inclination or other legitimate impediment to the Marriage;

II. the place of residence is within the locale of the marriage registrar;
III. where one of the parties is a minor, the consent of one of the persons mentioned below
is of paramount importance in order to perform the marriage :
IV. Father of the minor, if alive and not deceased, then,
V. The Guardian of the minor or if no guardian, then,
VI. Consent of the mother is required unless, no person authorized to give such consent
resides in India.
VII. Issuance of the Certificate of Notice after the Pledge has been taken: Once the
pledge has been taken before the registrar by either one of the parties to the marriage and
a time limit of four days have lapsed after the notice of intended marriage has been
received, the Registrar has the power to issue the Certificate of Notice. The information
contained in the Certificate of Notice pertains to the location of the Church or Chapel,
where the marriage rituals are expected to be performed. The certificate won't be issued if
it is stopped by anyone demonstrating grounds why the testament ought not to be issued.
The certificate issued makes it mandatory to perform the marriage within two months
from the date of issuance of it failing which, the certificate becomes redundant and a
fresh certificate would have to be issued.
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Persons authorized to perform the marriage under the act

Under Section 5 of the Act, the following persons are competent to perform the marriage:

I. persons appointed by the Episcopal, provided that such marriages are performed as per
the customs and rituals, regulations governed by the Church of which he is a Minister;
II. by any Clergyman of the Church of Scotland, provided that such marriages are
performed according to the customs, rules and regulations governed by the Church of
Scotland;
III. by any Minister of Religion licensed under this Act to solemnize marriages;
IV. By any person who is appointed by or in the presence of the Marriage registrar under the
Act;
V. any person licensed under this Act to grant certificates of marriage between Indian
Christians

If a marriage is performed by a person who is not authorized under the act to perform it, such a
marriage would be termed void.

Performance of the Marriage under the Act.

A Christian Marriage is performed between the parties to the marriage according to the rituals
considered essential and proper as per Minister or Priest performing the marriage. The marriage
rituals require the mandatory presence of two witnesses apart from the minister or the priest
performing the marriage. If a marriage has not been performed within two months after the
issuance of the certificate of notice, such a marriage cannot be performed after the lapse of the
two month period, and a fresh certificate of notice would have to be applied for in order to
solemnize the marriage.

Time and Place for the Performance of the Marriage

The Act, clearly stipulates the ‘time’ and the ‘place for the performance of marriage. Time for
performing of marriage rituals has been fixed to six in the morning and seven in the evening and
the place where the marriage is to be performed is the Church. The Clergy of the Church, under a
special issued are given flexibility in the time and place for performance of the marriage.

Registration of Marriage:

An application for registration of marriage is made by the parties to the concerned authority in
whose Jurisdiction either party has been residing. Marriage is registered in the Marriage
Register, by the Registrar who was present and performed the marriage of the couple. The
acknowledgement slip of the registration is signed by both the parties to the marriage along with
their witnesses and is attached to the register as a proof that the marriage was registered. These
acknowledgement slips are sent out at the end of the month to the Registrar General of Births,
 38

Deaths and Marriages. Indian Christian marriages can also be endorsed under a special provision
without a prior notice.

Documents Required for Registration of Marriage under the Act:

I. Complete application form;

II. Passport Size photographs,
III. The Marriage Certificate issued by the Minister or the Priest who performed the wedding,
IV. Two photographs of the wedding rituals along with the wedding invite;
V. Residence and age proof of either party to the marriage;
VI. An affidavit certifying the mental and marital status of both parties

The Parsi Marriage And Divorce Act, 1936

The Parsi Marriage is also regarded as a contract through a religious ceremony of Ashirvad is
necessary for its validity. ‘Ashirvad’ literally means blessings. A prayer or divine exhortation to
the parties to observe their marital obligations with faith.

Marriages Between Parsis

Requisites to the validity of Parsi marriages

I. Both parties should be parsi

II. Marriage is not valid if both the contracting parties are related to each other in any of the
degrees of consanguinity i.e. people descended from the same ancestors.
III. In Parsi Law, a marriage is not valid if it is not solemnized by the priest in presence of
two Parsi witnesses.
IV. A marriage will not be considered if the male is not 21 years old and the female has not
completed 18 years of age.
V. If the marriage is not valid as per the points are given above, any child of such marriage
who would have been legitimate had the marriage been valid, shall be legitimate.

Punishment of bigamy section 5

Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not,
contracts a marriage again without having been divorced lawfully from such wife or husband, or
without having his or her previous marriage been declared null and void or dissolved, shall be
subject to the penalties provided by the Indian Penal Code for the offence of marrying again
during the lifetime of his/her husband or wife.

Registrar

For the purposes of this Act, Section 7 prescribes that a Registrar shall be appointed within the
local limits of the ordinary original civil jurisdiction of a High Court by the Chief Justice of such
court, and without such limits by the State Government.
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Certificate of Marriage

Every marriage contracted under this Act shall, immediately on the solemnization thereof, be
certified by the officiating priest in the form contained in Schedule II. The certificate shall be
signed by the said priest, the contracting parties and two witnesses present at the marriage and
the said priest shall thereupon send such certificate together with a fee of two rupees to be paid
by the husband to the Registrar of the place at which such marriage is solemnized. The Registrar
on receipt of the certificate and fee shall enter the certificate in a register to be kept by him for
that purpose and shall be entitled to retain the fee.

The register of marriage mentioned in Section 6 shall, at all reasonable times, be open for
inspection, and certified extracts there from shall, on application, be given by the Registrar on
payment to him by the applicant of two rupees for each such extract. Every such register shall be
evidence of the truth of the statements therein contained.

According to Section 9 of the Act, every Registrar, except the Registrar appointed by the Chief
Justice of the High Court of Judicature at Bombay, shall, at such intervals as the State
Government by which he was appointed from time to time directs, send to the Registrar General
of Births, Deaths and Marriages for the territories administered by such State Government, a true
copy certified by him in such prescribed form of all certificates entered by him in the register of
marriages.

Formal irregularity not to invalidate marriage:

As per Section 17 of the Act, no marriage contracted under this Act shall be deemed to be invalid
solely by reason of the fact that it was not certified under Section 6, or the certificate was
defective, irregular or incorrect.

Qs. Divrice

Ans The laws in India related to Divorce were not codified for most religions till not a long time ago.
Hindu Males were allowed unlimited polygamy till 1955 and till 1939 a Muslim Woman could not seek
divorce from her husband basis their personal laws. Amongst the talks of Uniform Civil Code in the
background, which is in the eye with Supreme Court asking government views on the same; let us visit as
the situation stands today; following are the grounds for divorce for various communities in India.

Hindus/Sikhs/Jain/Buddhist

The Grounds for Divorce available under the Hindu Marriage Act as well as for people who come under
the Special Marriage Act are as under:
 40

1. Mutual Consent: If the parties have been staying apart for at least ONE YEAR and have not been able
to cohabit and they want to end the marriage; they can do so by way of approaching court by mutual
consent.

2. Gender Neutral Provisions under Contested Divorce:

(i) Adultery – The act of indulging in voluntary sexual relationship/ intercourse outside marriage is
termed as adultery. Though adultery is no more a criminal offence as per the Apex Court, it is still a
ground for Divorce. The burden of proof is based on preponderance of probability and is much easier to
prove than in a criminal case.

(ii) Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and
physical cruelty by the other spouse. Judicial pronouncements have been adding newer and newer acts
which are counted as Cruelty by the courts. Filing false 498A and other complaints has been termed as
cruelty by the courts, but the falsity has to be proven first.

(iii) Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two
years, the abandoned spouse can file a divorce case on the ground of desertion.

(iv) Apostasy– Incase either of the spouse converts himself/ herself into another religion, the other spouse
may file a divorce case based on this ground.

(v) Incurable Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse
of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected
from the couple to stay together. However, small mental ailments are not counted in the same. The degree
for mental disorders have been held differently by different courts at different times.

(vi) Venereal Disease – If one of the spouses is suffering from a serious disease that is easily
communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS
are accounted to be venereal diseases. However, the spouse filing the case should not be the reason of the
other spouse contracting the Venereal Disease.

(vii) Renunciation of the World – If a spouse becomes a hermit/ has renounced the world and all
relations; the other spouse can seek divorce.

(viii) Not Heard Alive for Seven Years – If a person is not seen or heard alive by those who are
expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is
presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
There is a misconception that no divorce decree is needed in such circumstances, but unless a divorce
decree is sought, a remarriage would be termed as Bigamy and such bigamy charges can be filed by the
second spouse as well.

(ix) No Resumption of Co-habitation after decree of RCR or Judicial Separation within ONE
YEAR of passing of such decree.

3. Provisions only for Women under Contested Divorce

I. If the husband has been found guilty of rape, bestiality and sodomy.
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II. If the marriage is solemnized before the Hindu Marriage Act and the husband has again married
another woman in spite of the first wife being alive, the first wife can seek for a divorce.
III. A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces
the marriage before she attains eighteen years of age.
IV. If there is no co-habitation for one year from the date when an order for maintenance u/s 18 of
HAMA or CrPC 125 (CrPC 488 in older code) has been passed against the husband, wife can
seek divorce. (Please understand that this is Final Order of maintenance and not interim)

Muslims

In Muslim Marriage; husband does not need any reason to seek divorce. There are various methods
through which a Muslim male can seek talaaq from his wife. A Muslim male can no longer give talaq by
way of triple talaq as same has been declared unconstitutional by the Supreme Court in Shayara Bano vs
Union of India (2017) 9 SCC 1 and now constitutes a punishable offence with imprisonment upto 3 years.
Various Methods through which Muslim male can pronounce talaq are:

1. Talaq-ul-Sunnat/ Talaq-ul-raje It is further of two types: i)Ahasan ii) Hasan

2. Talaq-ul-Biddat/Triple Talaq This talaq has been declared unconstitutional by the supreme Court.
3. Ila
4. Zihar

However Muslim woman can seek divorce on the following grounds for divorce in India.

I. The husband’s whereabouts are unknown for a period of four years.

II. The husband has failed to provide maintenance to the wife for at least two years.
III. The husband has been under imprisonment for seven or more years.
IV. The husband is unable to meet the marital obligations
V. If the girl is married before fifteen and decides to end the relationship before she turns eighteen.
VI. The husband indulges in acts of cruelty

Christians

Christian and Indian Divorce Act has the following grounds.

I. Adultery
II. Conversion to another religion (Apostasy)
III. One of the couples suffering from an unsound mind, leprosy or communicable venereal disease
for at least two years before the filing of the divorce.
IV. Not been seen or heard alive for the period of seven or more years.
V. Failure in observing the restitution of conjugal rights for at least two years.
VI. Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.
VII. Wife can file a divorce based on the grounds of conviction of husband for rape, sodomy
and bestiality just like Hindu Marriage Act.

Parsi law related to divorce

 42

Chapter IV of the Act deals with matrimonial suits. Section 30 lays down that in any case in which
consummation of marriage is from natural causes impossible, such marriage may, at the instance of either
party thereto, be declared to be null and void.

Dissolution Suits:

Under Section 31 of the Act, if a husband or wife shall have been continually absent from his or her wife
or husband for the space of seven years and shall not have been heard of as being alive, within that time
by those persons who would have naturally heard of him or her had he or she been alive, the marriage of
such husband or wife may at the instance of either party thereto be dissolved.

Grounds:

Any marriage may be dissolved on a suit by any person on any one or more of the following grounds,
namely:

I. That the marriage has not been consummated within one year after its solemnization owing to the
wilful refusal of the defendant to consummate it
II. That the defendant at the time of the marriage was of unsound mind and has been habitually so up
to the date of the suit. The plaintiff under this ground has to prove that the plaintiff.
(i) Was ignorant of the fact at the time of marriage.
(ii) (Has filed the suit within three years from the date of marriage.
That the defendant has been incurably of unsound mind for a period of two years or
more immediately preceding the filing of the suit or has been suffering continuously or
intermittently from mental disorder of such kind and to such an extent that the plaintiff
cannot reasonably be expected to live with the defendant.

III That the defendant was at the time of the marriage, pregnant by some person other than the plaintiff.
But, divorce shall not be granted on this ground unless:

(i) The plaintiff was at the time of the marriage ignorant of the fact alleged.
(ii) The suit has been filed within two years of the date of marriage
(iii) Marital intercourse has not taken place after the plaintiff came to know of the fact.

VI That the defendant has since the marriage committed adultery or fornication or bigamy or rape or an
unnatural offence. But, divorce shall not be granted on this ground if the suit has been filed more than two
years after the plaintiff came to know of the fact.

Divorce by Mutual Consent:

Section 32-B added by the Amendment Act of 1988 provides for divorce by mutual consent.

It says that, subject to the provisions of the Act, a suit for divorce may be filed by both the parties to a
marriage together on the ground that they have been living separately for a period of one year or more,
that they have not been able to live together and that they have mutually agreed that the marriage should
be dissolved. A suit under this section can only be filed after one year has lapsed since the date of the
marriage. The court after hearing the parties and after making such inquiry as it thinks fit to ascertain that
 43

the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring
the marriage to be dissolved with effect from the date of decree.

Qs. Maintenance

This section serves as a guardian to the Wives, Children and Parents who benefit the maximum
from this section. To enforce the social duty of preventing the vagrancy and destitution, that in
most severe cases often lead to crimes. Section 125 ensures that maintenance is granted
irrespective of the Personal laws of the Hindus (Section 24 of the Hindu Marriage Act, 1955),
Muslim (Women (Protection Of- Rights On Divorce) Act, 1986) and Parsis (The Parsi Marriage
and Divorce Act, 1936).
Laws of Maintenance under different personal laws in India can be classified into four heads:

1. Maintenance under Hindu Law.

2. Maintenance under Muslim Law.
3. Maintenance under Christian Law.
4. Maintenance under Parsi Law.
5. Maintenance under Code of Criminal Procedure 1973.

1. Maintenance under Hindu Law

The relief of maintenance is considered an ancillary relief and is available only upon filing for the main
relief like divorce, restitution of conjugal rights or judicial separation etc. Further, under matrimonial laws
if the husband is ready to cohabit with the wife, generally, the claim of wife is defeated. However, the
right of a married woman to reside separately and claim maintenance, even if she is not seeking divorce
or any other major matrimonial relief has been recognised in Hindu law alone. A Hindu wife is entitled to
reside separately from her husband without forfeiting her right of maintenance under the Hindu
Adoptions and Maintenance Act, 1956. The Act envisages certain situations in which it may become
impossible for a wife to continue to reside and cohabit with the husband but she may not want to break
the matrimonial tie for various reasons ranging from growing children to social stigma.

Maintenance of Wife:

S. 3(b)(i) of Hindu Adoption and Maintenance Act, 1956(herein after mentioned as HAM ACT
Act) defines maintenance as "provision for food, clothing, residence, education, and medical
attendance and treatment." In the case of unmarried daughter, it also includes her marriage
expenses. The provisions for permanent maintenance are present in all the personal laws and are
substantively similar. However there are some differences between the personal laws.

Minor Children and daughter section 20 HAM Act 1956

Male and female children, irrespective of whether they are born inside or outside the legally
valid marriage of the father and mother, can claim maintenance. They must be minors to claim
maintenance. They may be married or unmarried.
 44

Adult children can claim maintenance from their parents only if they have a physical or mental
abnormality that makes them unable to maintain themselves. An adult unmarried daughter can
claim maintenance from her parents.
Married minor girls can claim maintenance from their parents till they turn 18 if their husbands
do not have sufficient means to maintain them. However, married adult girls cannot claim
maintenance from the parents.
In the case of vishambhar v/s Dhanya (AIR 2005 Keral) it has been held by the Kerala high
court that the daughter even becoming adult is entitled to maintenance from her parents subject
to the condition that-
a. She has not been married, or
b. There is no resource with her for livelihood.
Mother and Father section 20 HAM Act
Both the mother and the father, whether natural or adoptive, can claim maintenance from any
one or more of their children. Daughters are also liable to pay maintenance to the mother and the
father. A step-mother can claim maintenance only if she is a widow and does not have natural-
born sons or daughters.
Morli v/s Chhote (AIR 1983 Allahabad)
Allahabad high court held that it is also the liability of a married daughter to maintain her aged or
infirm parents.
Jagjit Bhatia v/s Balbir Singh Bhatia (AIR 2003 Dehli)
It was been stated that maintenance of aged parents is personal liability of sons, irrespective of
matter that they got any property or not. The right to maintenance of aged and infirm parents
continuous to their life time.
Maintenance of Pendente lite
Section 24 of the Hindu Marriage Act, 1955 provides for maintenance Pendente lite. Whereas it
appears to court during the pending proceedings under this act that there is no independent
source of income for the husband or wife, it can order for such party maintenance during suit and
expenses for the proceedings actually, it’s main purpose is to provide relief to party during the
pending of proceedings from financial crisis.
Smt. Padmawati v/s C. Lakshminarayan (AIR 2002 Karnataka)
It was held that while determining the maintenance pendente lite, the court shall consider the
position of parties, income of the opposition, and number of person dependent over the
opposition, requirements of applicant, etc.
In the case of Mandeep v/s Kiran AIR 2002 Jammu and Kashmir it was said that
maintenance pendente lite also include maintenance of such child along with wife which is living
with wife.
 45

Permanent Alimony
Section 25 of the Hindu Marriage Act 1955 provides for permanent alimony. The order of
permanent alimony could be made anytime while passing the decree or afterwards. But, it cannot
be made on dismissal of petition.
An order of permanent alimony is made even when the applicant does not have sufficient means
of income.
The court shall consider following points while determining the amount of permanent alimony-
a. Position of both the parties
b. Their income
c. Their conduct
d. Special circumstances in any
2. Maintenance under Muslim Law.

The Muslim Women (Protection of Rights on Divorce) Act was enacted by govt to dilute the
effect of Supreme Court Judgment in the famous Shah Bano case (1985). In that case the SC held
that every divorced woman has right to maintenance under section 125 of CrPC irrespective to
her caste, religion or creed if she is unable to maintain herself after divorce. The some feature of
Islam religion such as Polygamy, Triple Talaq and Right to divorce by Men are in violation of
the Human rights and position of woman in Islamic society is downgraded in course which is

now a debatable issue from many decades.

Definitions (Section 2)
Iddat period in case of a divorced woman, Iddat Period means a) 3 menstruation cycles or
courses if subject to mensuration , b) 3 lunar months after date of divorce if not subject to
mensuration and c) theperiod b/w divorce and delivery of child or termination of her pregnancy
whichever is earlier.
Mahr (Dower) – The mandatory amount of money paid by man to woman at time of marriage.
Magistrate – a magistrate of first class exercising jurisdiction in area where divorced woman
resides.
Compensation
Section 3
The divorced woman shall be entitled to:-
I. An amount equal to sum of Mahr or dower paid at time of marriage;
II. All properties or money given to her relatives/friends/husband/husband relatives before
or after marriage or at time of marriage;
III. A fair and reasonable compensation by her husband within Iddat period;
 46

IV. A reasonable compensation for maintenance of children born to her before or after
marriage for period of 2yrs from date of birth of child.
V. If husband refused to pay above compensation on divorce then aggrieved divorced
woman can file an application to Magistrate for above entitlements.
VI. The Magistrate can pass an order within 30 days of application to husband to pay/deliver
such amount of compensation for maintenance or property to divorced woman as
considered necessary with regards to standard of living of woman at time of marriage if
satisfied that husband of divorced woman has not paid compensation according to
provisions of act.
VII. If any person fails to comply with the orders of magistrate shall be liable for
punishment of penalties as defined in CrPC and imprisonment up to 1yr or until payment
of compensation if sooner made.
Section 4-5
I. The Magistrate if satisfied that the divorced woman has not re-married and is not able to
maintain herself after Iddat period then he can make a order to her relatives (who are
nominee of property of divorced woman after death according to Muslim Law) to pay fair
and reasonable maintenance as determined by magistrate having regards to standard of
living of woman during period of marriage.
II. Provided that if such woman has children then magistrate shall order only children to pay
maintenance charges to her and if children unable to pay then her parents shall pay such
maintenance charges or relatives as above described.
III. If any of parents or relatives or children unable to pay or divorced woman has no
relatives to pay maintenance charges then magistrate shall pass an order to State Wakf
Board to pay such maintenance charges in such periods as may be specified in the order.
IV. Section 5 – If on date of First Hearing, a divorced woman or her former husband declares
either jointly or separately that they would prefer to be governed by Section 125 and 127
of CrPC (1973) then Magistrate shall dispose of such application accordingly.
Section 6-7
I. The Central Govt has power to make rules to carry provisions of this act with prior
approval of both houses of Parliament.
II. Every pending application by a divorced woman , under section 125 and 127 of CrPC
(1973), shall be subjected to section 5 of this act on commencement of this act and
dispose by Magistrate in accordance with provisions of this act.
Maintenance of Children:
In case of Legitimate Children the maintenance of the children is rest upon the father. In Hedaya,
the following verse of theKoran, namely ---- “The maintenance of woman who suckles an infant
rests on him to whom the infant is born,”
Is mentioned and from which it has been inferred that “ the maintenance an infant child is rest
upon the father, because, as maintenance is decreed to the nurse on account of her sustaining the
child with her milk, it follows that the same is due to the child himself a fortiori. “ Thus a father
is bound to maintain his sons until they attain puberty and his daughter until they are married. He
 47

is also responsible for the upkeep o0f his widowed or divorced daughter, or a child in the custody
of the mother. The father is not bound to provide separate maintenance for a minor or an
unmarried daughter who refuses to live with him without reasonable cause. An adult son need
not to be maintained unless he his infirm. The father is not bound to maintain a child who is
capable of being maintained out of his or her own property.

3. Maintenance under Christian law

A Christian woman can claim maintenance from her spouse through criminal proceeding or/and
civil proceeding. Interested parties may pursue both criminal and civil proceedings,
simultaneously, as there is no legal bar to it. In criminal proceedings, the religion of the parties
does not matter at all, unlike in civil proceedings.
If a divorced Christian wife cannot support her in the post divorce period she need not worry as a
remedy is in store for her in law.
Under S.37 of the Indian Divorce Act, 1869, she can apply for alimony/ maintenance in a civil
court or High Court and, husband will be liable to pay her alimony such sum, as the court may
order, till her lifetime. The Indian Divorce Act, 1869 which is only applicable to those persons
who practice the Christianity religion inter alia governs maintenance rights of a Christian wife.
The provisions are the same as those under the Parsi law and the same considerations are applied
in granting maintenance, both alimony pendente lite and permanent maintenance. The provisions
of THE INDIAN DIVORCE ACT, 1869 are produced herein covered under part IX -s.36-s.38
Alimony
S.36. Alimony pendente lite. -In any suit under this Act, whether it be instituted by a husband or
a wife, and whether or not she has obtained an order of protection the wife may present a petition
for alimony pending the suit.
Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the
statements therein contained, may make such order on the husband for payment to the wife of
alimony pending the suit as it may deem just:
Provided that alimony pending the suit shall in no case exceed one fifth of the husband's average
net income for the three years next preceding the date of the order, and shall continue, in case of
a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or
is confirmed, as the case may be.
37. Power to order permanent alimony -The High Court may, if it thinks fit, on any decree
absolute declaring a marriage to be dissolved, or on any decree of judicial separation obtained by
the wife, and the District judge may, if he thinks fit, on the confirmation of any decree of his
declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife,
Order that the husband shall, to the satisfaction of the Court, secure to the wife such gross sum of
money, or such annual sum of money for any term not exceeding her own life, as, having regard
to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks
 48

reasonable; and for that purpose may cause a proper instrument to be executed by all necessary
parties.
Power to order monthly or weekly payments. -In every such case, the Court may make an
order on the husband for payment to the wife of such monthly or weekly sums for her
maintenance and support as the Court may think reasonable:
Provided that if the husband afterwards from any cause becomes unable to make such payments,
it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the
same as to the whole or any part of the money so ordered to be paid, and again to revive the same
order wholly or in part as to the Court seems fit.
38. Court may direct payment of alimony to wife or to her trustee.-
In all cases in which the Court makes any decree or order for alimony, it may direct the same to
be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court, and
may impose any terms or restrictions which to the Court seem expedient, and may from time to
time appoint a new trustee, if it appears to the Court expedient so to do.
4. Maintenance under Parsi Law:
Parsi can claim maintenance from the spouse through criminal proceedings or/ and civil
proceedings. Interested parties may pursue both criminal and civil proceedings, simultaneously
as there is no legal bar to it. In the criminal proceedings the religion of the parties doesn't matter
at all unlike the civil proceedings. If the Husband refuses to pay maintenance,wife can inform the
court that the Husband is refusing to pay maintenance even after the order of the court. The court
can then sentence the Husband to imprisonment unless he agrees to pay. The Husband can be
detained in the jail so long as he does not pay. The Parsi Marriage and Divorce Act, 1936
recognizes the right of wife to maintenance-both alimony pendente lite and permanent alimony.
The maximum amount that can be decreed by court as alimony during the time a matrimonial
suit is pending in court is one-fifth of the husband's net income. In fixing the quantum as
permanent maintenance, the court will determine what is just, bearing in mind the ability of
husband to pay, wife's own assets and conduct of the parties. The order will remain in force as
long as wife remains chaste and unmarried.
S.40. Permanent alimony and maintenance
(1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at
any time subsequent thereto, on an application made to it for the purpose by either the wife or the
husband, order that the defendant shall pay to the plaintiff for her or his maintenance and
support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of
the plaintiff as having regard to the defendants own income and other property, if any, the
income and other property of the plaintiff, the conduct of the parties and other circumstances of
the case, it may seem to the Court to be just, and any such payment may be secured, if necessary,
by a charge on the movable or immovable property of the defendant.

(2) The Court if it is satisfied that there is change in the circumstances of either party at any time
after it has made an order under sub-section (1), it may, at the instance of either party, vary,
 49

modify or rescind any such order in such manner as the Court may deem just.

(3) The Court if it is satisfied that the partly in whose favour, an order has been made under this
section has remarried or, if such party is the wife, that she has not remained chaste, or, if such
party is the husband, that he had sexual intercourse with any woman outside wedlock, it may, at
the instance of the other party, vary, modify or rescind any such order in such manner as the
Court may deem just.
 50

UNIT: IV

(A) LAWS RELATING TO CRIME AGAINST WOMEN

Qs. dowry prohibition act, 1961

ans. the ancient marriage rites in the vedic period are associated with kanyadan. it is laid down in
dharamshastara that the meritorious act of kanyadan is not complete till the bridegroom was
given a dakshina. so when a bride is given over to the bridegroom, he has to be given something
in cash or kind which constitute varadakshina. thus kanyadan became associated with
varadakshina i.e. the cash or gifts in kind by the parents or guardian of the bride to the
bridegroom. the varadakshina was offered out of affection and did not constitute any kind of
compulsion or consideration for the marriage. it was a voluntary practice without any coercive
overtones. in the course of time, the voluntary element in dowry has disappeared and the
coercive element has crept in. it has taken deep roots not only in the marriage ceremony but also
post-marital relationship. what was originally intended to be a taken dakshina for the bridegroom
has now gone out of proportions and has assumed the nomenclature 'dowry

Dowry prohibition act, indian law, enacted on may 1, 1961, intended to prevent the giving or
receiving of a dowry. under the dowry prohibition act, dowry includes property, goods, or money
given by either party to the marriage, by the parents of either party, or by anyone else in
connection with the marriage. the dowry prohibition act applies to persons of all religions
in India.

Meaning of dowry

Dowry is an age old practice in indian society referring to property or valuable security given by
one party to another as a consideration for marriage. mostly the consideration is given by the
family members of the bride. it may also be regarded as a vehicle for setting up a relation of
accord between the bride’s family and the husband’s family. this relationship of accord is
accompanied by giving gifts which persists long after the marriage rites.

Act 28 of 1961 and its provision

The dowry prohibition bill was passed in the joint sittings of both the houses of parliament and it
became an act - the dowry prohibition act, 1961 (28 of 1961) and it received the assent of the
president on 20th may 1961.

List of amending acts

1. The dowry prohibition (amendment) act, 1984.

 51

2. The dowry prohibition (amendment) act, 1986.

Provision of dowry prohibition act 1961

Short tile, extent and commencement section 1

I. this act may be called the dowry prohibition act, 1961.

II. it extends to the whole of india except the state of jammu and kashmir.
III. it shall come into force on such date (note: it came into force on 1st july, 1961) as the
central government may, by notification in the official gazette, appoint.

Section 2 definition of ‘dowry’

In this act, "dowry" means any property or valuable security given or agreed to be given either
directly or indirectly.

I. by one party to a marriage to the other party to the marriage, or

II. by the parent of either party to a marriage or by any other person, to either party to the
marriage or to any other person, at or before or any time after the marriage.

but does not include dower or Maher in the case or persons to whom the Muslim personal law
(shariat) applied and the expression "valuable security" has the same meaning as in section 30 of
the Indian penal code (45 of 1860).

Case law

dowry’ means any property or valuable security given or agreed to be given either directly or
indirectly by one party another, by parents of either party to each other or any other person, at,
before or at any time after the marriage and connection with the marriage of the said parties but
does not include dower or Maher under the Muslim personal law; Ashok Kumar v. state of
Haryana, air 2010 sc 2839

Payments which are customary payments, e.g., given at the time of birth of a child or other
ceremonies as are prevalent in different societies are not covered by the expression dowry;
Ram Singh v. state of Haryana, 2008 (4) sc 70: 2008.

The definition of dowry is wide enough to include all properties, valuable securities, etc, given or
agreed to be given directly or indirectly; Vemuri Venkateswara rao v. state of Andhra
Pradesh, 1992

the furnishing of a list of ornaments and other household articles such as refrigerator, furniture,
electrical appliances, etc., at the time of the settlement of the marriage amounts to demand of
dowry within the meaning of section 2 of the dowry prohibition act, 1961;
Madhu Sudan Malhotra v. k.c. Bhandari, 1988 blur 360 (sc).
 52

Penalty for giving or taking dowry section 3

If any person, after the commencement of this act, gives or takes or abets the giving or taking of
dowry, he shall be punishable with imprisonment for a term which shall not be less than five
years and with fine which shall not be less than fifteen thousand rupees, or the amount of the
value of such dowry, whichever is more. provided that the court may, for adequate and special
reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less
than five years.

Exception

I. presents which are given at the time of a marriage to the bride (without any demand
having been made in that behalf)
II. Presents which are given at the time of a marriage to the bridegroom (without any
demand having been made in that behalf)

provided further that where such presents are made by or on behalf of the bride or any person
related to the bride such presents are of customary nature and the value thereof is not excessive
having regard to the financial status of the person by home or on whose behalf such presents are
given.

Section 3 does not contravene articles 14, 19, 21 and 22 of the constitution and therefore this
section is not ultra vires of the said articles; Indrawati v. Union of India, (1991)

the offence is founded in the relationship of the property demanded as abettor with the nature of
demand. it should not bear a mere connection with marriage: Madan lal v. Amar Nath, (1984).

Penalty for demanding dowry section 4

If any person, after the commencement of this act, demands, directly or indirectly, from the
parents, relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall
be punishable with imprisonment for a term which shall not be less than six months, but which
may extend to 2 years and with fine which may extend to rs.10,000. Provided that the court may,
for adequate and special reasons to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than six months.

Section 4a. Ban on advertisement.

If any person,-

I. Offers, through any advertisement in any newspaper, periodical, journal or through any
other media, any share in his property or if any money or both as a share in any business
or other interest as consideration for the marriage of his son or daughter or any other
relative.
 53

II. Prints or publishes or circulates any advertisement referred to in clause (a), he shall be
punishable with imprisonment for a term which shall not be less than six months, but
which may extend to five years, or with fine which may extend to fifteen thousand
rupees:
provided that the court may, for adequate and special reasons to be recorded in the
judgment, impose a sentence of imprisonment for a term of less than six months.

Agreement for giving or taking dowry to be void section 5

Any agreement for the giving or taking of dowry shall be void.

Dowry to be for the benefit of the wife or her heirs Section 6

Where any dowry is received by any person other than the woman in connection with whose
marriage it is given, that person shall transfer it to the woman-

I. if the dowry was received before marriage, within three months after the date of
marriage; or
II. if the dowry was received at the time of or after the marriage within three months after
the date of its receipt; or
III. if the dowry was received when the woman was a minor, within three months after she
has attained the age of eighteen years, and pending such transfer, shall hold it in trust for
the benefit of the woman.

If any person fails to transfer any property as required by this section, he shall be punishable with
imprisonment for a term which shall not be less than six months, but which may extend to two
years or with fine which shall not be less than five thousand rupees, but which may extend to ten
thousand rupees or with both.

Where the woman entitled to any property under this section, dies before receiving it, the heirs of
the woman shall be entitled to claim it from the person holding it for the time being:
provided that where such woman dies within seven years of her marriage, otherwise than due to
natural causes, such property shall,-

I. if she has no children, be transferred to her parents, or

II. if she had children, be transferred to such children and pending such transfer, be held in
trust for such children.

Since the woman had died issueless, the articles constituting dowry are to be returned to her
parents and not to her husband; Rajiv versus ram Kishan Jaiswal, 1994

The wife had died within less than three months of marriage, therefore not leaving behind any
issue and the contention of the husband that he was the heir of the dowry articles was negatived
 54

and dowry articles were transferred to the parents of the wife; Prithichand versus Des Raj
Bansal, 1990.

Cognizance of offence section 7

Notwithstanding anything contained in the code of criminal procedure, 1973,- No court inferior
to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence
under this act. No court shall take cognizance of an offence under this act except upon-

I. Its own knowledge or a police report of the facts which constitute such offence, or
II. A complaint by the person aggrieved by offence or a parent or other relative of such
person, or by any recognized welfare institution or organisation;
III. It shall be lawful for a metropolitan magistrate or a judicial magistrate of the first class to
pass any sentence authorised by this act on any person convicted of any offence under
this act.
IV. Chapter xxxvi of the code of criminal procedure, 1973 (2 of 1974), shall apply to any
offence punishable under this act.

Offences to be cognizable for certain purposes and to be non-bailable and non

compoundable section 8

The code of criminal procedure, 1973 (2 of 1974), shall apply to offences under this act as if they
were cognizable offences for the purposes of investigation of such offences, and for the purpose
of matters other than-

(i) Matters referred to in sec. 42 of that code, and

(ii) The arrest of a person without a warrant or without an order of a magistrate.
(iii) Every offence under this act shall be non-bailable and non-compoundable.

Burden of proof in certain cases section 8a

Where any person is prosecuted for taking or abetting the taking of any dowry under section 4, or
the demanding of dowry under section 4, the burden of proving that he has not committed an
offence under those sections shall be on him.

Dowry Prohibition Officers section 8b

The state government may appoint as many dowry prohibition officers as it thinks fit and specify
the areas in respect of which they shall exercise their jurisdiction and powers under this act.
Every dowry prohibition officer shall exercise and perform the following powers and functions,
namely:-

I. to see that the provisions of this act are complied with;

II. to prevent, as far as possible, the taking or abetting the taking of, or the demanding of,
dowry;
 55

III. to collect such evidence as may be necessary for the prosecution of persons committing
offence under the act; and
IV. to perform such additional functions as may be assigned to him by the state government,
or as may be specified in the rules made under this act.

The state government may, by notification in the official gazette confer such powers of a police
officer as may be specified in the notification, on the dowry prohibition officer who shall
exercise such powers subject to such limitation and conditions as may be specified by rules made
under this act. The state government may, for the purpose of advising and assisting the dowry
prohibition officer in the efficient performance of their functions under this act, appoint an
advisory board consisting of not more than five social welfare workers (out of whom at least two
shall be women) from the area in respect of which such dowry prohibition officer exercises
jurisdiction.

Power to make rules section 9

The central government may, by notification in the official gazette, make rules for carrying out
the purposes of this act. Every rule made by the state government under this section shall be laid
as soon as may be after it is made before the Parliament

Power of the state government to make rules section 10

The state government may, by notification in the official gazette, make rules for carrying out the
purposes of this act. Every rule made by the state government under this section shall be laid as
soon as may be after it is made before the state legislature.

Qs. Domestic Violence Act, 2005

Ans. The Protection of Women from Domestic Violence Bill, 2005 having been passed by the
Lok Sabha on 24th August 2005 and by the Rajya Sabha on 29th August 2005, received the
assent of the President of India on 13th September 2005 and came on the statute book as the
protection of Women from Domestic Violence Act, 2005 (43 of 2005). An Act to provide for
more effective protection of the rights of women guaranteed under the Constitution who are
victims of violence of any kind occurring within the family.

Main Feature of Domestic violence Act 2005

A. It is a civil law for protection orders and not meant to penalize or punish
B. It recognizes the right to residence of woman, it recognizes the right of the woman to live
in a violence-free home and that she should not be facing violence.
C. It provides only temporary and emergency relief.
D. It is a law in response to the needs of the woman.
 56

E. It has certain crossovers from civil to criminal law—so when the protection order or
Magistrate’s order is violated, criminal law will start

Relevant provision of Domestic Violence Act, 2005

Section 1 Short title, extent and commencement.

I. This Act may be called the Protection of Women from Domestic Violence Act, 2005.
II. It extends to the whole of India. (The words “except the State of Jammu and Kashmir”
omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).)
III. It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.

Section 3 Definition of Domestic Violence.

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it-

I. harms or injures or endangers the health, safety, life, limb or well-being, whether mental
or physical, of the aggrieved person or tends to do so and includes causing physical
abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
II. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or
any other person related to her to meet any unlawful demand for any dowry or other
property or valuable security; or
III. has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or
IV. otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Section 4 Information to Protection Officer and exclusion of liability of informant.

Any person who has reason to believe that an act of domestic violence has been, or is being, or is
likely to be committed, may give information about it to the concerned Protection Officer. No
liability, civil or criminal, shall be incurred by any person for giving in good faith of information
for the purpose of this section.

Section 5 Duties of police officers, service providers and Magistrate.

A police officer, Protection Officer, service provider or Magistrate who has received a complaint
of domestic violence or is otherwise present at the place of an incident of domestic violence or
when the incident of domestic violence is reported to him, shall inform the aggrieved person-

I. of her right to make an application for obtaining a relief by way of a protection order, an
order for monetary relief, a custody order, a residence order, a compensation order or
more than one such order under this Act;
II. of the availability of services of service providers;
 57

III. of the availability of services of the Protection Officers;

IV. of her right to free legal services under the Legal Services Authorities Act, 1987;
V. of her right to file a complaint under section 498A of the Indian Penal Code, wherever
relevant:

Section 6 Duties of shelter homes.

If an aggrieved person or on her behalf a Protection Officer or a service provider requests the
person in charge of a shelter home to provide shelter to her, such person in charge of the shelter
home shall provide shelter to the aggrieved person in the shelter home.

Section 7 Duties of medical facilities.

If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the
person in charge of a medical facility to provide any medical aid to her, such person in charge of
the medical facility shall provide medical aid to the aggrieved person in the medical facility.

Section 8 Appointment of Protection Officers.

The State Government shall, by notification, appoint such number of Protection Officers in each
district as it may consider necessary and shall also notify the area or areas within which a
Protection Officer shall exercise the powers and perform the duties conferred on him by or under
this Act. The Protection Officers shall as far as possible be women and shall possess such
qualifications and experience as may be prescribed. The terms and conditions of service of the
Protection Officer and the other officers subordinate to him shall be such as may be prescribed.

Section 9 Duties and functions of Protection Officers.

It shall be the duty of the Protection Officer-

I. to assist the Magistrate in the discharge of his functions under this Act;
II. to make a domestic incident report to the Magistrate, in such form and in such manner as
may be prescribed, upon receipt of a complaint of domestic violence and forward copies
thereof to the police officer in charge of the police station within the local limits of whose
jurisdiction domestic violence is alleged to have been committed and to the service
providers in that area;
III. to make an application in such form and in such manner as may be prescribed to the
Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection
order;
IV. to ensure that the aggrieved person is provided legal aid under the Legal Services
Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in
which a complaint is to be made;
V. to maintain a list of all service providers providing legal aid or counselling, shelter homes
and medical facilities in a local area within the jurisdiction of the Magistrate;
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VI. to make available a safe shelter home, if the aggrieved person so requires and forward a
copy of his report of having lodged the aggrieved person in a shelter home to the police
station and the Magistrate having jurisdiction in the area where the shelter home is
situated;
VII. to get the aggrieved person medically examined, if she has sustained bodily injuries and
forward a copy of the medical report to the police station and the Magistrate having
jurisdiction in the area where the domestic violence is alleged to have been taken place;
VIII. to ensure that the order for monetary relief under section 20 is complied with and
executed, in accordance with the procedure prescribed under the Code of Criminal
Procedure, 1973;
IX. to perform such other duties as may be prescribed.

The Protection Officer shall be under the control and supervision of the Magistrate, and
shall perform the duties imposed on him by the Magistrate and the Government by, or under, this
Act. Under Section 33 If any Protection Officer fails or refuses to discharge his duties as
directed by the Magistrate in the protection order without any sufficient cause, he shall be
punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to twenty thousand rupees, or with both.

Procedure for obtaining orders of reliefs

Application to Magistrate section 12

The Magistrate shall fix the first date of the hearing, which shall not ordinarily be beyond three
days from the receipt of the application by the Court, and shall endeavour to dispose every
application within a period of 60 days from the date of the first hearing.

An application under section 12 cannot be filed before family “because proceeding under section
12 of the act, as per the scheme of the act has to be filed before the magistrate to entertain the
application; Neetu Singh v. Sunil Singh, 2008

Service of notice section 13

Informing the respondent of the date of hearing: A notice of the date of hearing shall be given by
the Magistrate to the Protection Officer who shall serve it on the respondent and on any other
person as directed by the Magistrate within a maximum period of two days.

Other options with the Magistrate:

The Magistrate may-

I. Direct either of the parties, singly or jointly, to undergo counseling; section 14

II. Seek assistance of a person, preferably a woman, engaged in promotion of family
welfare, for assisting him/her in discharging his/her functions; section 15
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III. Conduct the proceedings in camera. Section 16

Right to reside in a shared household section 17

Aggrieved person has the right to reside in a shared household, whether or not she has any right,
title or beneficial interest in the house and shall not be evicted.

The claim for alternative accommodation can only be made against husband and not against in-
laws or other relatives. The wife is only entitled to claim a right to residence in the shared
household, and “a shared household” only mean house belonging to husband or taken on rent by
husband, a house which belongs to joint family of which husband is a member; SR Batra v. Smt
Tarun Batra, 2007

Protection orders.

The Magistrate, after giving both parties an opportunity of being heard, and satisfied that
domestic violence has taken place,

A. can pass a protection order or a residence order, section 19

B. direct the respondent to pay the aggrieved person monetary relief and in addition, section
20
C. custory order section 21
D. can pass compensation orders, section 22
E. ex-parte orders. Section 23

The Magistrate shall ensure that a copy of any such order shall be given free-of-cost to the
parties under section 24. If the protection order has been breached, it shall be punished with
either imprisonment or fine or both.

Section 27 Jurisdiction.

The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may
be, within the local limits of which-

I. the person aggrieved permanently or temporarily resides or carries on business or is

employed; or
II. the respondent resides or carries on business or is employed; or
III. the cause of action has arisen, shall be the competent court to grant a protection order
and other orders under this Act and to try offences under this Act.

(2) Any order made under this Act shall be enforceable throughout India.

29. Appeal.
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There shall lie an appeal to the Court of Session within thirty days from the date on which the
order made by the Magistrate is served on the aggrieved person or the respondent, as the case
may be, whichever is later.

Qs. Sexual Harassment at Workplace

Ans. The Sexual Harassment Act has been enacted with the objective of providing women
protection against sexual harassment at the workplace and for the prevention and redressal of
complaints of sexual harassment. Sexual harassment is considered as a violation of the
fundamental right of a woman to equality as guaranteed under Articles 14 and 15 of the
Constitution of India ("Constitution") and her right to life and to live with dignity as per Article
21 of the Constitution. It has also been considered as a violation of a right to practice or to carry
out any occupation, trade or business under Article 19(1)(g) of the Constitution, which includes a
right to a safe environment free from harassment.

Meaning and definition of sexual Harassment

Vishaka and others v. State of Rajasthan ("Vishaka Judgement") AIR 1997 SC 3011 The
Supreme Court of India defined Sexual Harassment as any unwelcome direct or indirect
sexually determined behavior such as;

I. Sexually colored remarks

II. A demand or request for sexual favors
III. Showing pornography
IV. Physical contact and advances,
V. Any other unwelcome physical, non-verbal/verbal conduct of sexual nature.

The word “unwelcome” is a vital part of the definition. Any such unwelcome or uninvited act is
totally prohibited. Sexual interaction between consenting people at work may be offensive to
others or also lead to the violation of the workplace’s policy, but it is not sexual harassment at
workplace.

Conduct amounting to Sexual Harassment at workplace

A. Whistling at someone
B. Actual or attempted rape or sexual assault
C. Touching an employee’s clothing, hair, or body
D. Kissing sounds, howling and smacking lips
E. Touching or rubbing oneself sexually around another person
F. Unwanted sexual teasing, jokes, remarks, or questions.
G. Unwanted deliberate touching, leaning over, cornering, or pinching.
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Definition under The Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act, 2013 ("Sexual Harassment Act")

Section 2(n) “sexual harassment” includes any one or more of the following unwelcome acts
or behaviour (whether directly or by implication) namely-

I. physical contact and advances; or

II. a demand or request for sexual favours; or
III. making sexually coloured remarks; or
IV. showing pornography; or
V. any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

Workplace under The Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013 ("Sexual Harassment Act")

In view of the wide definition of 'workplace', the statute, inter alia, applies to-

I. government bodies,
II. private and public sector organisations,
III. non-governmental organisations, organisations carrying on commercial, vocational,
educational, entertainmental, industrial, financial activities, hospitals and nursing homes,
educational institutes, sports institutions and stadiums used for training individuals.

As per the Sexual Harassment Act, a workplace also covers within its scope places visited by
employees during the course of employment or for reasons arising out of employment - including
transportation provided by the employer for the purpose of commuting to and from the place of
employment2.

Harasser and the Harassed

A. Subordinate harassment of a superior;

B. Same-sex harassment- men can harass men; women can harass women;
C. Men can be sexually harassed by women;
D. Offenders can be co-workers, supervisors, or non-employees as suppliers, customers, and
vendors

Indian legal provisions for Sexual Harassment at workplace

Criminal case under sections of the Indian Penal Code (IPC)

1. Section 294

Any obscene act or song done in public to annoy another is an offence- cognisable, bailable and
triable by any magistrate, as prescribed in the provisions in Chapter XVI entitled “Of Offences
Affecting Public Health, Safety, Convenience, and Morals.”
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2. Section 354

When without the consent of the women, acts of physical attack or intentional force on the
person of woman are committed to outrage her modesty, then the offender can be fined or
sentenced to two years of imprisonment or convicted with both.

3. Section 509

As in Chapter 22 – “Of Criminal Intimidation, Insult and Annoyance”, commission of act,

utterance of words intentional gestures to insult the modesty of a woman or hurt her privacy is an
offence which is cognisable, bailable and triable by any magistrate and can be punished by way
of fine or sentence upto two years of imprisonment or with both.

Criminal case under the Indecent Representation of Women (Prohibition) Act, 1987

Under Indecent Representation of Women (Prohibition) Act, 1987 if any person harasses another
by an indecent portrayal of women in books, films, photographs, paintings, etc, can be convicted
for minimum two years sentence.

Further, Section 7 says that when found guilty on instances of an indecent depiction of women
by way of pornography display etc. on the company premises will be charged with minimum two
years sentence.

Criminal proceedings

Where any such conduct amounts to a specific offence under the IPC, the employer should
initiate requisite measures in accordance with the law by making complaint with the appropriate
authority. While dealing with sexual harassment complaints in particular, the employer should
make sure that the victims or witnesses are not discriminated.

Filing a civil suit

A civil suit for mental anguish, loss of income and employment caused by the sexual harassment
can be instituted for damages under the law of tort.

The Vishaka Judgement – “A milestone for Workplace Sexual Harassment at workplace

victims.”

The Honorable Supreme Court laid down mandatory guidelines and norms in Vishaka and others
vs. State of Rajasthan and others 1997 to constitute the offence of sexual harassment at
workplace. Duty of the employer or other responsible persons in workplaces is to prevent the
commission of acts of sexual harassment and to provide the procedures for the resolution,
prosecution or settlement of conduct of sexual harassment by taking all necessary steps.

Steps to prevent Sexual Harassment at workplace

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All persons in charge of workplace whether in public or private sector should take appropriate
steps to prevent sexual harassment at work. These steps should be followed without prejudice to
the generality of the obligation:

I. Express prohibition of sexual harassment as defined above at the workplace should be

notified, published and circulated in appropriate ways.
II. Rules prohibiting sexual harassment to be included in government and public sector code
of conduct and discipline mechanism and imposition of appropriate penalties against the
offender of such rules.
III. Above mentioned steps must also be included in standing orders passed under the
Industrial Employment (Standing Orders) Act, 1946, with regards to the private sector.
IV. Suitable working conditions should be established at all aspects of work, health, hygiene
and leisure to prevent a hostile environment towards women at workplaces and no
woman employee should have reasonable grounds to feel disadvantaged in relation to her
employment.
V. The most important way to prevent sexual harassment at workplace is through constant
awareness and knowledge upgradation. It can be easily achieved by taking up this
course by National University of Juridical Sciences.

Disciplinary Action

Prescribed disciplinary actions must be initiated by the employer in accordance with the service
rules, when dealing with acts amounting to misconducts in employment as defined in these rules.

Complaint Mechanism

For redressal of the victim’s complaint, an appropriate – time bound complaint mechanism must
be established in the employer’s organisation to decide whether the alleged sexual harassment
act constitutes an offence under law or a breach of the service rules.

Internal Complaints Committee

The above-mentioned complaint redressal mechanism must be competent to provide a special

counselor or other necessary support service complaints committee in times of need. Also, owing
to the sensitivity of the matter, strict confidentiality must be ensured.

The composition of the complaints committee must be not less than half female members of the
total, which is to headed by a woman. Additionally, a third party involvement in the form of
NGO or other bodies should be arranged to avoid senior level influence or undue pressure at any
respect.

Annual reports of the filed complaints and concerned steps taken by the complaints committee
must be submitted to the respective government department. Further, the employers must also
report on the adherence to the prescribed guidelines, including on the reports of the complaints
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committee submitted to the government department. All of these are strict compliances a
company must adhere to. Non-compliance could lead to a lot of repercussions including fines
and loss of goodwill. You can learn more about sexual harassment at workplace by taking up this
course.

The ministry of women and child development has published a handbook on Sexual harassment
at workplace (prevention, prohibition, and redressal) act, 2013. The handbook is considered
valuable for employers, employees and complaint committees for proper guidance with regard to
law and aims to safeguard the interest of women affected with sexual harassment at workplace.

Qs. Female foeticide: The Pre-conception & Pre-natal Diagnostic Technique (Prohibition of
Sex Selection Act), 1994

Ans. The Pre-Conception and Pre-Natal Diagnostic Techniques Act of 1994 has banned pre-
natal sex-determination. very genetic counselling centre, genetic laboratory or genetic clinic
engaged in counseling or conducting pre-natal diagnostics techniques, like in vitro fertilization
(IVF) with the potential of sex selection (Preimplantation genetic diagnosis) before and after
conception comes under preview of the PCPNDT Act and are banned. The main objective of the
act is the arrest the declining sex-ratio in India due to rampant female feticides.

Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the
Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India.

Salient features of the PCPNDT act

As per the PCPNDT act, sex selection is any act of identifying the sex of the foetus and
elimination of the foetus if it is of the unwanted sex.

Offences under this act include conducting or helping in the conduct of prenatal diagnostic
technique in the unregistered units, sex selection on a man or woman, conducting PND test for
any purpose other than the one mentioned in the act, sale, distribution, supply, renting etc. of any
ultra sound machine or any other equipment capable of detecting sex of the foetus. Main
provisions in the act are-

I. The Act provides for the prohibition of sex selection, before or after conception.
II. It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis
by allowing them their use only to detect: Genetic abnormalities, metabolic disorders,
chromosomal abnormalities, certain congenital malformations, haemoglobinopathies and
sex linked disorders.
III. No laboratory or centre or clinic will conduct any test including ultrasonography for the
purpose of determining the sex of the foetus.
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IV. No person, including the one who is conducting the procedure as per the law, will
communicate the sex of the foetus to the pregnant woman or her relatives by words, signs
or any other method.
V. Any person who puts an advertisement for pre-natal and pre-conception sex
determination facilities in the form of a notice, circular, label, wrapper or any document,
or advertises through interior or other media in electronic or print form or engages in any
visible representation made by means of hoarding, wall painting, signal, light, sound,
smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000.

Regulation of pre-natal diagnostic techniques

Section 4 Regulation of pre-natal diagnostic techniques.

Prohibition on registered genetic counseling to conduct pre-natal diagnostic

1. No place including a registered Genetic Counseling Centre or Genetic Laboratory or Genetic

Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic
techniques except for the purposes specified in clause (2) and after satisfying any of the
conditions specified in clause (3);

2. No pre-natal diagnostic techniques shall be conducted except for the purposes of detection of
any of the following abnormalities, namely:—

I. chromosomal abnormalities;
II. genetic metabolic diseases;
III. haemoglobinopathies;
IV. sex-linked genetic diseases;
V. congenital anomalies;
VI. any other abnormalities or diseases as may be specified by the Central Supervisory
Board;

3. No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do
so is satisfied for reasons to be recorded in writing that any of the following conditions are
fulfilled, namely:—

I. age of the pregnant woman is above thirty-five years;

II. the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;
III. the pregnant woman had been exposed to potentially teratogenic agents such as drugs,
radiation, infection or chemicals;
IV. the pregnant woman or her spouse has a family history of mental retardation or physical
deformities such as, spasticity or any other genetic disease;
V. any other condition as may be specified by the Central Supervisory Board; Provided that
the person conducting ultrasonography on a pregnant woman shall keep complete record
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thereof in the clinic in such manner, as may be prescribed, and any deficiency or
inaccuracy found therein shall amount to contravention of provisions of section 5 or
section 6 unless contrary is proved by the person conducting such ultrasonography;

No person including a relative or husband of the pregnant woman shall seek or encourage the
conduct of any pre-natal diagnostic techniques on her except for the purposes specified in clause
(2). No person including a relative or husband of a woman shall seek or encourage the conduct
of any sex-selection technique on her or him or both.

Section 5. Written consent of pregnant woman and prohibition of communicating the sex of
foetus.

No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures
unless—

I. he has explained all known side and after effects of such procedures to the pregnant
woman concerned;
II. he has obtained in the prescribed form her written consent to undergo such procedures in
the language which she understands; and
III. a copy of her written consent obtained under clause (b) is given to the pregnant woman.

No person including the person conducting pre-natal diagnostic procedures shall communicate to
the pregnant woman concerned or her relatives or any other person the sex of the foetus by
words, signs or in any other manner.

Secton 6. Determination of sex prohibited.-

On and from the commencement of this Act,—

I. no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or

cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques
including ultrasonography, for the purpose of determining the sex of a foetus;
II. no person shall conduct or cause to be conducted any pre-natal diagnostic techniques
including ultrasonography for the purpose of determining the sex of a foetus;
III. no person shall, by whatever means, cause or allow to be caused selection of sex before
or after conception.

Section 23 Offences and penalties.-

Any medical geneticist, gynecologist, registered medical practitioner or any person who owns a
Genetic Counseling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a
Centre, Laboratory or Clinic and renders his professional or technical services to or at such a
Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes
any of the provisions of this Act -
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shall be punishable with imprisonment for a term which may extend to three years and with fine
which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment
which may extend to five years and with fine which may extend to fifty thousand rupees.

Even if a radiologist is attached on HONORARY/ NAMESAKE basis to a ultrasound clinic, he

is equally responsible for any contraventions of provisions of PCPNDT law done in the center
and thus is equally liable for punishment like imprisonment and fine.

Section 31 Protection of action taken in good faith: No suit, prosecution or other legal
proceeding shall lie against the Central or the State Government or the Appropriate Authority or
any officer authorized by the Central or State Government or by the Authority for anything
which is in good faith, done or intended to be done in pursuance of the provisions of this Act.

Qs. Matrimonial property Regime in India

Ans.
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