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UGC NET LAW · CODE 058 · UNIT 07

UGC NET Law Unit 7: Family Law Notes and MCQs

Unit 7 covers the personal laws of Hindus, Muslims, Christians and Parsis along with the secular laws that cut across them. It asks for statutes with years, leading cases and the difference between schools and communities. These notes follow the ten syllabus topics and give you the cases and sample questions to start with.

  • Hindu Marriage Act 1955
  • Muslim law
  • Special Marriage Act
  • Maintenance
  • Succession
  • Uniform Civil Code
  • 10 syllabus topics
  • 400+ free MCQs
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  • Updated 11 October 2026

NET Law 058 is an independent study aid, not affiliated with UGC or NTA. Always check the official UGC NET syllabus and the current bare Acts.

What Unit 7 covers

Family law blends statutes and judgments, so read the sections and the leading cases together. The official syllabus lists 10 topics for this unit. Each is explained below with the points examiners most often use.

1Sources and schools

  • Hindu law: shruti, smriti, commentaries and digests, custom, and legislation. Two schools: Mitakshara (most of India) and Dayabhaga (Bengal and Assam). In Mitakshara a son acquires an interest in coparcenary property by birth.
  • Muslim law: the Quran, Sunna, Ijma and Qiyas, with legislation such as the Muslim Personal Law (Shariat) Application Act, 1937. Sunni schools: Hanafi, Maliki, Shafi'i and Hanbali. Shia schools include Ithna Ashari, Ismaili and Zaidi.
  • Christians: the Indian Christian Marriage Act, 1872, the Divorce Act, 1869 and the Indian Succession Act, 1925. Parsis: the Parsi Marriage and Divorce Act, 1936.
  • Secular and uniform laws: Special Marriage Act, 1954, Guardians and Wards Act, 1890, and the Juvenile Justice Act, 2015.

2Marriage and dissolution of marriage

  • Hindu Marriage Act, 1955 (HMA), Section 5: monogamy, sound mind, age 21 for the groom and 18 for the bride, outside prohibited degrees and not sapindas unless custom permits. Section 7: ceremonies, such as saptapadi. Bigamous marriage is void (Section 11), and children of void and voidable marriages are legitimate (Section 16).
  • Special Marriage Act, 1954: civil marriage for any two persons irrespective of religion, with notice of intended marriage and registration.
  • Muslim marriage (nikah) is a civil contract needing offer, acceptance, free consent and competence, with mahr. Marriages are valid (sahih), irregular (fasid) or void (batil). Up to four wives, subject to equal treatment.
  • Muslim divorce: talaq (ahsan and hasan), khula, mubarat, ila, zihar and lian. Instant triple talaq is void (Shayara Bano, 2017), and the Muslim Women (Protection of Rights on Marriage) Act, 2019 makes it a punishable offence. Dissolution of Muslim Marriages Act, 1939, Section 2 gives wives judicial grounds.

3Matrimonial remedies: divorce and theories of divorce

  • HMA remedies: restitution of conjugal rights (Section 9, upheld in Saroj Rani v. Sudarshan Kumar, 1984), judicial separation (Section 10), nullity (Sections 11 and 12) and divorce (Section 13).
  • Fault grounds in Section 13(1): adultery, cruelty, desertion for two years, conversion, unsound mind, venereal disease, renunciation of the world, and presumed death after seven years. Wives have additional grounds in Section 13(2). Interim and permanent maintenance: Sections 24 and 25.
  • Mutual consent divorce under Section 13B: one year of separation and a six-month waiting period that courts may waive (Amardeep Singh v. Harveen Kaur, 2017). Courts can use Article 142 for dissolution on irretrievable breakdown (Shilpa Sailesh v. Varun Sreenivasan, 2023).
  • Theories of divorce: fault (offence), mutual consent, and breakdown of marriage. Irretrievable breakdown is not a statutory ground in the HMA, but was recommended by the Law Commission (71st Report, 1978). Christian Divorce Act: mutual consent after two years of separation (Section 10A).

4Changing dimensions of marriage: live-in relationship

  • The Protection of Women from Domestic Violence Act, 2005 covers women in a relationship in the nature of marriage (Section 2(f)), giving them protection and residence rights.
  • Courts presume marriage where a couple lived together as spouses for a long time: Badri Prasad v. Dy. Director of Consolidation (1978). Children of such relationships are legitimate (Tulsa v. Durghatiya, 2008).
  • Indra Sarma v. V.K.V. Sarma (2013) set out factors for relationships in the nature of marriage and held that not every live-in relationship qualifies. S. Khushboo v. Kanniammal (2010): living together is not an offence.
  • The Uttarakhand Uniform Civil Code Act, 2024 requires registration of live-in relationships in that State.

5Recognition in India of foreign decrees on marriage and divorce

  • Section 13 of the Code of Civil Procedure makes a foreign judgment conclusive unless it falls in one of six exceptions: court not competent, not on the merits, error on the face of international law or Indian law, against natural justice, obtained by fraud, or sustaining a claim founded on breach of Indian law.
  • Section 14 CPC raises a presumption of competence for a foreign court. Section 44A allows execution of decrees of reciprocating territories.
  • Y. Narasimha Rao v. Y. Venkata Lakshmi (1991): a foreign divorce decree is recognised only if the jurisdiction and the grounds match the personal law of the marriage, or if the respondent voluntarily and effectively submits.
  • Marriages abroad: the Foreign Marriage Act, 1969 allows marriage under the Special Marriage Act framework for Indian citizens abroad.

6Maintenance, dower and stridhan

  • Section 125 of the Code of Criminal Procedure (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023) lets a wife, children and parents without means claim maintenance from a person with sufficient means. It is a secular remedy for all communities.
  • Personal law: Hindu Adoptions and Maintenance Act, 1956 (Sections 18 to 22) for wives, children, parents and dependants. Muslim Women (Protection of Rights on Divorce) Act, 1986 and Danial Latifi (2001): a reasonable and fair provision within the iddat period. Mohd. Abdul Samad v. State of Telangana (2024): a divorced Muslim woman can claim under Section 125.
  • Mahr (dower) is a sum or property the husband must pay to the wife. It may be prompt or deferred, specified or proper, and it is a debt the widow can claim against the estate.
  • Stridhan is a woman's property, of which she is the absolute owner (Section 14, Hindu Succession Act). Pratibha Rani v. Suraj Kumar (1985). Rajnesh v. Neha (2020) set out disclosure of assets and guidelines on maintenance.

7Adoption, guardianship and acknowledgement

  • Hindu Adoptions and Maintenance Act, 1956 (HAMA): a Hindu of sound mind can adopt, and a female Hindu can adopt in her own right. The adoptive child must be a Hindu under 15 unless custom permits, and an adoption severs ties with the natural family and creates ties with the adoptive family.
  • Juvenile Justice (Care and Protection of Children) Act, 2015 provides adoption for any religion (Shabnam Hashmi v. Union of India, 2014). The 2021 amendment made the District Magistrate the authority to issue adoption orders. CARA regulates adoption.
  • Guardianship: Hindu Minority and Guardianship Act, 1956 (father as natural guardian, then mother) and Gita Hariharan v. RBI (1999), which read 'after' as 'in the absence of'. Guardians and Wards Act, 1890 applies to all communities, with the child's welfare as the paramount consideration.
  • Muslim law does not recognise adoption but recognises acknowledgement of paternity (iqrar), with conditions of age difference and no known contrary paternity. The mother has custody (hizanat) of a young child but not guardianship of the person.

8Succession and inheritance

  • Hindu Succession Act, 1956: intestate succession of a Hindu male (Section 8) goes to Class I heirs, then Class II, agnates and cognates. The widow, son and daughter inherit equally as Class I heirs. A female's property is absolute (Section 14).
  • Hindu Succession (Amendment) Act, 2005 made a daughter a coparcener by birth, equal to a son. Vineeta Sharma v. Rakesh Sharma (2020): the right applies whether or not the father was alive on 9 September 2005, overriding Prakash v. Phulavati (2015).
  • Muslim law: heirs are sharers (Quranic heirs), residuaries and distant kindred, and there is no right by birth in joint family property. Shia and Sunni rules differ.
  • Christians and Parsis are governed by the Indian Succession Act, 1925. A person who murders the deceased is disqualified from inheriting (Section 25, Hindu Succession Act).

9Will, gift and wakf

  • A Hindu can make a will for self-acquired property and his share in a coparcenary (Section 30, Hindu Succession Act). A Muslim can bequeath only up to one-third of the estate without the consent of heirs. Wills among Hindus, Christians and Parsis are regulated by the Indian Succession Act, 1925.
  • Gift (hiba) in Muslim law needs declaration, acceptance and delivery of possession. Under Section 129 of the Transfer of Property Act, 1882 the rules of Muslim law prevail. Marz-ul-maut: a gift during death-sickness is treated as a bequest.
  • Gift under the Transfer of Property Act (Section 122): voluntary transfer of existing property without consideration, accepted by the donee. A gift of immovable property needs registration (Section 123).
  • Wakf: permanent dedication of property by a person professing Islam for religious, pious or charitable purposes, managed by a mutawalli under the Wakf Act, 1995. The Waqf (Amendment) Act, 2025 changed several features of the Act; check the current text.

10Uniform Civil Code

  • Article 44 (Directive Principle): the State shall endeavour to secure a uniform civil code for citizens. It is not enforceable, but the Supreme Court has repeatedly urged it: Shah Bano (1985), Sarla Mudgal (1995).
  • Goa follows the Portuguese Civil Code of 1867 and is cited as an example of a uniform civil law. Uttarakhand enacted a UCC in 2024.
  • Supporters stress gender justice and national integration. Opponents cite religious freedom (Articles 25 and 26) and cultural plurality. The Law Commission 21st report (2018) said a UCC was neither necessary nor desirable at that stage. The 22nd Law Commission invited public views in 2023.
  • Shayara Bano (2017) and the Muslim Women Act, 2019 show reform of personal laws through courts and legislation. John Vallamattom v. Union of India (2003) struck down a provision of the Indian Succession Act on Christian bequests for charity.

Quick reference tables

Main marriage and divorce statutes by community
CommunityMain lawDivorce
Hindus, Buddhists, Jains and SikhsHindu Marriage Act, 1955Section 13 and 13B
MuslimsMuslim Personal Law (Shariat) Application Act, 1937Talaq, khula, mubarat; Dissolution of Muslim Marriages Act, 1939
ChristiansIndian Christian Marriage Act, 1872Divorce Act, 1869 (amended in 2001)
ParsisParsi Marriage and Divorce Act, 1936Under the 1936 Act, through the special court
Inter-faith or civil marriageSpecial Marriage Act, 1954Under the same Act
Modes of Muslim divorce
ModeInitiated byFeatures
Talaq-e-ahsanHusbandSingle pronouncement in a period of purity, then iddat; revocable during iddat
Talaq-e-hasanHusbandThree pronouncements in three successive periods of purity
Talaq-e-biddat (instant triple talaq)HusbandHeld void in Shayara Bano (2017); offence under the 2019 Act
KhulaWife, with husband's consentWife gives consideration, such as release of mahr
MubaratBothMutual release from the marriage
Judicial divorceWife, through the courtGrounds in Section 2 of the Dissolution of Muslim Marriages Act, 1939

Landmark cases to revise

Mohd. Ahmed Khan v. Shah Bano Begum1985

Divorced Muslim woman can claim maintenance under Section 125 CrPC; Article 44 mentioned.

Danial Latifi v. Union of India2001

Muslim Women Act, 1986 upheld, with reasonable and fair provision beyond the iddat period.

Shayara Bano v. Union of India2017

Instant triple talaq (talaq-e-biddat) is unconstitutional and void.

Sarla Mudgal v. Union of India1995

Conversion to Islam to marry again does not dissolve the first marriage; urged a UCC.

Vineeta Sharma v. Rakesh Sharma2020

Daughters are coparceners by birth whether or not the father was alive on 9 September 2005.

Gita Hariharan v. Reserve Bank of India1999

The mother can be natural guardian even during the father's lifetime.

Shabnam Hashmi v. Union of India2014

Any person can adopt under the Juvenile Justice Act irrespective of religion.

Saroj Rani v. Sudarshan Kumar Chadha1984

Section 9 HMA (restitution of conjugal rights) held constitutional.

Y. Narasimha Rao v. Y. Venkata Lakshmi1991

A foreign divorce decree is recognised only on specified jurisdictional and ground tests.

Pratibha Rani v. Suraj Kumar1985

A wife has absolute rights over her stridhan.

Shilpa Sailesh v. Varun Sreenivasan2023

The Supreme Court may dissolve a marriage under Article 142 on irretrievable breakdown.

Mohd. Abdul Samad v. State of Telangana2024

A divorced Muslim woman may claim maintenance under Section 125 CrPC.

Practise Family Law MCQs topic by topic

Beyond the six samples, all 440 questions for this unit are on their own pages, grouped by syllabus topic, with the answer key on the page.

See all 24 topic sets (440 MCQs) →

Try 6 sample questions

Tap “Show answer” after you have tried each one. These come from the 400+ MCQs in this unit.

1Instant triple talaq was held invalid in:

  1. Danial Latifi
  2. Shah Bano
  3. Shayara Bano v. Union of India
  4. Mohd. Ahmed Khan
Show answer and explanation

Answer: C. Shayara Bano v. Union of India

Decided in 2017.

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2Daughters became coparceners by birth by the Hindu Succession (Amendment) Act of:

  1. 2015
  2. 2005
  3. 1956
  4. 1991
Show answer and explanation

Answer: B. 2005

Vineeta Sharma v. Rakesh Sharma (2020) clarified it applies irrespective of father's death date.

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3The Supreme Court uses which Article to dissolve a marriage for irretrievable breakdown?

  1. 32
  2. 226
  3. 136
  4. 142
Show answer and explanation

Answer: D. 142

Shilpa Sailesh v. Varun Sreenivasan (2023).

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4The Supreme Court held a divorced Muslim woman can claim maintenance under Section 125 CrPC in:

  1. Shabnam Hashmi
  2. Mohd. Abdul Samad v. State of Telangana
  3. Danial Latifi
  4. Rajesh Sharma
Show answer and explanation

Answer: B. Mohd. Abdul Samad v. State of Telangana

Decided in 2024.

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5Consider the statements: 1. Mutual consent divorce under HMA requires one year of separation. 2. Courts can waive the six-month waiting period in appropriate cases.

  1. Only statement 1 is correct
  2. Only statement 2 is correct
  3. Both statements are correct
  4. Neither statement is correct
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Answer: C. Both statements are correct

Both are correct.

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6Match: A Hindu Succession Act, B Hindu Marriage Act, C Special Marriage Act with (1) 1955 (2) 1956 (3) 1954

  1. A-1, B-2, C-3
  2. A-3, B-2, C-1
  3. A-2, B-3, C-1
  4. A-2, B-1, C-3
Show answer and explanation

Answer: D. A-2, B-1, C-3

Year of enactment.

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Practise all 400+ Unit 7 MCQsTake a free mock test

How to study this unit

  • Make a grid of community by topic (marriage, divorce, maintenance, succession) and fill it once. Most questions test a single cell.
  • Know the year of every major statute and case in this unit. Many questions are plain recall.
  • Track recent decisions such as Shilpa Sailesh (2023) and Abdul Samad (2024), and the Waqf Amendment 2025.

Planning your time? See the UGC NET Law preparation plans for 6 months, 3 months, 1 month or 2 weeks, or check the cut-off trend to set a target score.

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