NIOS Class 12 Gender Studies Chapter 15 Family Laws: Dowry, Marriage And Divorce

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NIOS Class 12 Gender Studies Chapter 15 Family Laws: Dowry, Marriage And Divorce

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Family Laws: Dowry, Marriage And Divorce

Chapter: 15

MODULE – V: GENDER AND LAW

INTEXT QUESTIONS 15.1 

1. What is meant by age at marriage as per the Hindu Marriage Act? 

Ans: It is 21 years or more for men and 18 years or more for women.

2. State the features of “Prohibition of Child Marriage Act 2006”. 

Ans: (i) The age at marriage under this Act for girls is 18 years and more, and for a man, 21 years and above.

(ii) A girl can obtain the decree of nullity if she entered into a child marriage within 2 years of attaining the age of 18 years.

3. State the personal laws of marriage in Muslims and Christians.

Ans: (i) The Hindu Marriage Act 1955.

(ii) Muslim personal law.

(iii) The Indian Christian Marriage Act 1872.

INTEXT QUESTIONS 15.2 

1. State the necessary conditions required under the Special Marriage Act 1954 for any marriage to be regarded as lawful. 

Ans: (i) Age of marriage is 21 or more for men and 18 or more for women. 

(ii) No party should have a spouse living at the time of marriage. 

(iii) The parties should not be within the degree of prohibited relationship as pro vided under the Act except when the customs governing one of the parties permit such a marriage between them.

(iv) Act does not provide for any religious ceremonies as a prerequisite before a marriage is completed.

2. Describe the advantage of registering marriages under The Special Marriage Act 1954. 

Ans: Advantages for Registration of Marriages:

(i) Provides a government certificate which is a valuable evidence of marriage.

(ii) It is useful for going abroad- visa purposes.

(ii) It can be used for nomination in bank, insurance and property matters.  

(iv) Prevents child marriages.

3. Under the Special Marriage Act 1954, what is the legal procedure for obtaining permanent alimony and maintenance?

Ans: Any court, on an application made to it for alimony and maintenance, can order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property, such gross sum or such monthly or periodical payment of money for a term not exceeding life.

INTEXT QUESTIONS 15.3 

1. What is meant by maintenance under the Hindu Marriage Act 1955? 

Ans: Under this Act, a Hindu wife is “entitled to claim maintenance from her husband if he is guilty of cruelty, desertion, polygamy or has a venereal disease, thereby enforcing her rights in divorce.

2. What are the essential conditions for a valid Hindu Marriage under the HMA, 1955? 

Ans: (i) No party should have a spouse living at the time of marriage. 

(ii) The age of the parties– the female must have completed 18 years and the male the age of 21. 

(iii) The parties should not be within the degree of prohibited relationship as provided under the Act except when the customs governing one of the parties permit such a marriage between them.

3. Discuss the various grounds of Divorce under the HMA 1955. 

Ans: Cruelty, desertion, polygamy or any venereal disease, adultery,or Repudiation of marriage.

4. State the grounds on which a Hindu wife can claim maintenance and separate residence from her husband.

Ans: A Hindu wife is entitled to claim maintenance for her husband under Section 18 of the Hindu Adoption and Maintenance Act if the husband is guilty of cruelty, desertion, polygamy or has a venereal disease.

Terminal Exercises

1. What is the advantage of adhering to the legal age of marriage? Explain.

Ans: The primary advantage of adhering to the legal age of marriage is that it helps in the prevention of child marriages.

Child marriage is prohibited in India. The earlier legislation, “The Child Marriage Restrained Act, 1929,” was replaced by the more effective enactment, “The Prohibition of Child Marriage Act, 2006”. This Act prevents child marriages by laying down enhanced punishment of rigorous imprisonment for two years and/or a fine of Rs.1 lakh.

The legal age for marriage is 21 years or more for men and 18 years or more for women under the Hindu Marriage Act (HMA), and under the Special Marriage Act (SMA). A girl who entered into a child marriage can obtain a decree of nullity if she repudiates the marriage within two years of attaining the age of 18 years.