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Marriage is necessarily the basis of social organisation and the foundation of…

CLAT 2021 · Legal Reasoning · 5 questions

Marriage is necessarily the basis of social organisation and the foundation of important legal rights and obligations. The importance and imperative character of the institution of marriage needs no comment. In Hindu Law, marriage is treated as a Samskara or a sacrament. The Hindu Marriage Act, 1955 introduced monogamy as a law of marriage among Hindus by virtue of Section 5 clause (i) which is essentially the voluntary union for life of one man with one woman to the exclusion of all others. It enacts, "neither party must have a spouse living at the time of marriage". The expression 'spouse' here used, means a lawfully married husband or wife. Before a valid marriage can be solemnised, both parties to such marriage must be either single or divorced or a widow or a widower and only then they are competent to enter into a valid marriage. If at the time of performance of the marriage rites and ceremonies, one or other of the parties had a spouse living and the earlier marriage had not already been set aside, the later marriage is no marriage at all. The Supreme Court in Bhaurao Shankar Lokhande v. State of Maharashtra, [AIR 1965 SC 1564] held, "Prima facie, the expression 'whoever marries' in Section 494 of the Indian Penal Code, 1860 (which defines the offence of bigamy) must mean 'whoever marries validly' or 'whoever marries and whose marriage is a valid one'. If marriage is not valid according to the law applicable to the parties, no question arises of its being void by reason of its taking place during the life of the husband or wife of the person marrying. One of the conditions of a valid marriage under the Hindu Marriage Act, 1955 is that it must be 'solemnised'. Further, Section 13 (2) of the Act provides for grounds of divorce to wife and states, "A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground that in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition".

Question 1

Mr. A, a 40-year old male Hindu, was married to Ms. B, a 36-year old female Hindu. Mr. A fell in love with his colleague- Ms. C, a 22-year old female Christian. On April 8, 2020, Mr. A declared Ms. C as his wife in front of all his colleagues, family members and relatives. Based on the given facts, decide the liability of Mr. A as per Hindu Law.
  1. A. Mr. A is not liable for the offence of bigamy as Ms. C is a Christian.
  2. B. Mr. A is liable for the offence of bigamy as mere declaration also amounts to solemnisation.
  3. C. Mr. A is not liable for the offence of bigamy as he has not solemnised his marriage with Ms. C.
  4. D. Mr. A is liable for the offence of bigamy as there was no intention to marry.

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Question 2

Which of the following statements correctly expresses the interpretation of the word 'solemnise' under Hindu Law?
  1. A. Solemnisation means celebrating the marriage with proper customary rites and ceremonies of either party to a marriage.
  2. B. Solemnisation includes and means promising each other a lifetime of happiness.
  3. C. Solemnisation is not necessary in modern marriages when registration of marriage is complete.
  4. D. Solemnisation is a mere formal practice and not a mandate.

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Question 3

Which of the following is not correct regarding the law of monogamy among Hindus?
  1. A. Monogamy is a union of a man and woman which provides their relation a social and legal recognition.
  2. B. Monogamy as a law was abolished after 1955.
  3. C. The second marriage during the subsistence of a first valid marriage is void.
  4. D. If a husband solemnises a second marriage during the subsistence of first marriage, it is not an offence, however, it is an offence if a wife commits the same act.

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Question 4

On the basis of Section 13 of the Hindu Marriage Act, 1955, which of the following statements does not relate to the remedy?
  1. A. The object of the Section was to provide an opportunity to the wife in the form of remedy of divorce.
  2. B. The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution.
  3. C. A remedy is only available under this Section if the husband has the other wife living.
  4. D. The living status of either spouse is immaterial to claim the remedy.

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Question 5

Mr. P, a 28-year old male Hindu was legally married to Ms. Q, a 26-year old female Hindu. Mr. P converts to Islam to marry Ms. N, a 30-year old Sunni female Muslim. Consider the statement and decide whether Ms. Q has the remedy to file a complaint for the offence of bigamy against Mr. P.
  1. A. Yes, Ms. Q can file a complaint subject to the approval by Ms. N.
  2. B. No, Ms. Q cannot file a complaint as it defeats the very purpose of her marriage with Mr. P.
  3. C. No, Ms. Q cannot file a complaint as Mr. P converted to another religion and the offence of bigamy will only be attracted when the parties are Hindus.
  4. D. Yes, Ms. Q has the remedy of filing a complaint for the offence of bigamy.

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