Marriage & Divorce | Part 4 | Family Law

The blog presents the basic theory of marriage and divorce that forms the introduction of Family Law in India. This can be useful for students preparing for Law and other competitive exams.

Q1. What are matrimonial rights and obligations ?

Ans. Marriage confers upon husband and wife certain marital rights and obligations like:

  • conjugal rights,
  • rights of maintenance and
  • inheritance.

Q2. What are conjugal rights ?

Ans. Conjugal rights are the rights arising from the marital relation. These are especially the mutual rights of companionship, aid and sexual relations.

Q3. What is the basis of conjugal rights ?

Ans. The basis of conjugal right is the consortium, which means an association or alliance, or a legal right of one spouse to have comradeship and support with the other.

Q4. What is the right of cohabitation ?

Ans. Marriage confers right to cohabit on the parties. Cohabitation means the act or state of dwelling, together or in the same place with one another.

Q5. What is a matrimonial home ?

Ans. The living together of a man and a woman is supposed to be quintessence sexual relationship. It means an emotional and physical intimate relationship, which includes a common living place known as matrimonial home.

Q6. What is right to maintenance ?

Ans. Marriage confers upon the man an obligation to support his wife out of his earnings and other income in a style, commensurate with his total income. This obligation remains in force for the duration of the marriage and sometimes longer, even if the wife has an adequate income of her own.

Q7. What is right to maintenance under Hindu Law ?

Ans. Under Hindu Law, the wife has an absolute right to claim maintenance from her husband and is codified in the Hindu Adoption and Maintenance Act, 1956.

Q8. What are the factors considered while assessing the amount of maintenance ?

Ans. While assessing the amount of maintenance the Court considers factors like the financial position and liabilities of the husband.

Q9. What is alimony pendant lite and permanent alimony ?

Ans. When a matrimonial dispute is brought before the Court, then the Hindu Marriage Act, 1955 provides that either husband or wife who has insufficient means can claim maintenance pendant lite i.e. the maintenance during pendancy of the proceeding and permanent alimony i.e. the maintenance at the time of final disposal of the case. Both of these are different from the litigation expenses.

Q10. What factors the Court considers while fixing the quantum of permanent alimony ?

Ans. In fixing the quantum of permanent alimony the Court determines what is just, bearing in mind the ability of husband to pay, wife’s own assets and conduct of the parties.

Q11. What is the term of the order of permanent alimony ?

Ans. The term of the order of permanent alimony remains in force as long as the wife remains chaste and unmarried.

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