Comprehension
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.
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.
Updated On: Jul 9, 2024
- Mr. A is not liable for the offence of bigamy as Ms. C is a Christian
- Mr. A is liable for the offence of bigamy as mere declaration also amounts to solemnisation.
- Mr. A is not liable for the offence of bigamy as he has not solemnised his marriage with Ms. C.
- Mr. A is liable for the offence of bigamy as there was no intention to marry.
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The Correct Option is C
Solution and Explanation
The correct Answer is (C):Mr. A is not liable for the offence of bigamy as he has not solemnised his marriage with Ms. C.
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Question: 2
Which of the following statements correctly expresses the interpretation of the word ‘solemnise’ under Hindu law?
Which of the following statements correctly expresses the interpretation of the word ‘solemnise’ under Hindu law?
Updated On: Jul 9, 2024
- Solemnisation means celebrating the marriage with proper customary rites and ceremonies of either party to a marriage
- Solemnisation includes and means promising each other a lifetime of happiness
- Solemnisation is not necessary in modern marriages when registration of marriage is complete
- Solemnisation is a mere formal practice and not a mandate
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The Correct Option is A
Solution and Explanation
The correct Answer is (A):Solemnisation means celebrating the marriage with proper customary rites and ceremonies of either party to a marriage
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Question: 3
Which of the following is not correct regarding the law of monogamy among Hindus?
Which of the following is not correct regarding the law of monogamy among Hindus?
Updated On: Jul 9, 2024
- Monogamy is a union of a man and woman which provides their relation a social and legal recognition
- Monogamy as a law was abolished after 1955.
- The second marriage during the subsistence of a first valid marriage is void
- 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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The Correct Option is B
Solution and Explanation
The correct Answer is (B):Monogamy as a law was abolished after 1955.
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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?
On the basis of Section 13 of the Hindu Marriage Act, 1955, which of the following statements does not relate to the remedy?
Updated On: Jul 9, 2024
- The object of the Section was to provide an opportunity to the wife in the form of remedy of divorce
- The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution.
- A remedy is only available under this Section if the husband has the other wife living.
- The living status of either spouse is immaterial to claim the remedy.
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The Correct Option is B
Solution and Explanation
The correct Answer is (B):The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution.
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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?
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?
Updated On: Jul 9, 2024
- Yes, Ms. Q can file a complaint subject to the approval by Ms. N.
- No, Ms. Q cannot file a complaint as it defeats the very purpose of her marriage with Mr. P.
- 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
- Yes, Ms. Q has the remedy of filing a complaint for the offence of bigamy.
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The Correct Option is D
Solution and Explanation
The correct Answer is (D):Yes, Ms. Q has the remedy of filing a complaint for the offence of bigamy.
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Questions Asked in CLAT exam
- From a very early age, I knew that when I grew up, I should be a writer. I had the lonely child's habit of making up stories and holding conversations with imaginary persons, and I think from the very start my literary ambitions were mixed up with the feeling of being isolated and undervalued. I knew that I had a facility with words and a power of facing unpleasant facts, and I felt that this created a sort of private world in which I could get my own back for my failure in everyday life. I wanted to write enormous naturalistic novels with unhappy endings, full of detailed descriptions and arresting similes, and also full of purple passages in which words were used partly for the sake of their sound. I give all this background information because I do not think one can assess a writer's motives without knowing something of his early development.
His subject-matter will be determined by the age he lives in — at least this is true in tumultuous, revolutionary ages like our own — but before he ever begins to write he will have acquired an emotional attitude from which he will never completely escape. It is his job to discipline his temperament, but if he escapes from his early influences altogether, he will have killed his impulse to write. I think there are four great motives for writing, at any rate for writing prose. They are: (i) Sheer egoism: Desire to seem clever, to be talked about, to be remembered after death, to get your own back on grown-ups who snubbed you in childhood; (ii) Aesthetic enthusiasm: Desire to share an experience which one feels is valuable and ought not to be missed (iii) Historical impulse: Desire to see things as they are, to find out true facts and store them up for the use of posterity (iv) Political purpose: Desire to push the world in a certain direction, to alter other people's idea of the kind of society that they should strive after.
[Extracted with edits from George Orwell's "Why I Write"]- CLAT - 2025
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- The right kind of education consists in understanding the child as he is without imposing upon him an ideal of what we think he should be. To enclose him in the framework of an ideal is to encourage him to conform, which breeds fear and produces in him a constant conflict between what he is and what he should be: and all inward conflicts have their outward manifestations in society. If the parent loves the child, he observes him, he studies his tendencies, his moods, and peculiarities. It is only when one feels no love for the child that one imposes upon him an ideal, for then one's ambitions are trying to fulfill themselves in him, wanting him to become this or that. If one loves, not the ideal but the child, then there is a possibility of helping him to understand himself as he is.
Ideals are a convenient escape, and the teacher who follows them is incapable of understanding his students and dealing with them intelligently; for him, the future ideal, the what should be, is far more important than the present child. The pursuit of an ideal excludes love, and without love no human problem can be solved. If the teacher is of the right kind, he will not depend on a method, but will study each individual pupil. In our relationship with children and young people, we are not dealing with mechanical devices that can be quickly repaired, but with living beings who are impressionable, volatile, sensitive, afraid, affectionate: and to deal with them, we have to have great understanding, the strength of patience and love. When we lack these, we look to quick and easy remedies and hope for marvellous and automatic results. If we are unaware, mechanical in our attitudes and actions, we fight shy of any demand upon us that is disturbing and that cannot be met by an automatic response, and this is one of our major difficulties in education.
(Extract with edits from "The right kind of Education" by J. Krishna Murti)- CLAT - 2025
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- Education is not the amount of information that is put into your brain and runs riot there, undigested, all your life. We must have life-building, man-making, character-making assimilation of ideas.... If education were identical with information, the libraries are the sages in the world and encyclopaedias are the rishis. Getting by heart the thoughts of others in a foreign language and stuffing your brain with them and taking some University degree, you consider yourself educated. Is this education? What is the goal of your education? Open your eyes and see what a piteous cry for food is rising in the land of Bharata, proverbial for its food. Will your education fulfill this want?
We want that education by which character is formed, strength of mind is increased, the intellect is expanded and by which one can stand on one's own feet. What we need to study independent of foreign control, different branches of the knowledge that is our own, and with it the English language and Western science; we need technical education and all else that will develop industries so that men instead of seeking for service may earn enough to provide for themselves and save against a rainy day. The end of all education, all training, should be man-making. The end and aim of all training are to make the man grow. The training by which the current expression of will are brought under control and become fruitful, is called education. What our country now wants are muscles of iron and nerves of steel, gigantic wills, which nothing can resist, which can penetrate into the mysteries and secrets of the universe and will accomplish their purpose in any fashion, even if it meant going down to the bottom of the ocean, meeting death face to face.
There is only one method of attaining knowledge. It is by concentration. The very essence of education is concentration of mind. From the lowest to the highest man, all have to use the same method to attain knowledge. The chemist who works in the laboratory concentrates on elements to analyze them. Knowledge is acquired by concentration.
[Extracted with edits from "Education" by Swami Vivekananda]- CLAT - 2025
- Reading Comprehension
- Punctually at midday, he opened his bag and spread out his professional equipment, which consisted of a dozen cowrie shells, a square piece of cloth with obscure mystic charts on it, a notebook, and a bundle of palmyra writing. His forehead was dazzling with sacred ash and vermilion, and his eyes sparkled with a sharp, abnormal gleam which was really an outcome of a continual searching look for customers, but which his simple clients took to be a prophetic light and felt comforted. The power of his eyes was considerably enhanced by their position placed as they were between the painted forehead and the dark whiskers which streamed down his cheeks: even a half-wit's eyes would sparkle in such a setting. People were attracted to him as bees are attracted to cosmos or dahlia stalks, He sat under the boughs of a spreading tamarind tree which flanked a path running through the town hall park, It was a remarkable place in many ways: a surging crowd was always moving up and down this narrow road morning till night. A variety of trades and occupations was represented all along its way: medicine sellers, sellers of stolen hardware and junk, magicians, and, above all, an auctioneer of cheap cloth, who created enough din all day to attract the whole town. Next to him in vociferousness came a vendor of fried groundnut, who gave his ware a fancy name each day, calling it "Bombay Ice Cream" one day, and on the next "Delhi Almond," and on the third "Raja's Delicacy," and so on and so forth, and people flocked to him. A considerable portion of this crowd dallied before the astrologer too. The astrologer transacted his business by the light of a flare which crackled and smoked up above the groundnut heap nearby.
(Extracted with edits from "An Astrologer's Day" by R.K. Narayan)- CLAT - 2025
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- The "Nari Shakti Vandan Adhiniyam", 2023 Act received near-unanimous support in both the Lok Sabha and the Rajya Sabha. The legislation mandates the reservation of one-third of all seats in the Lok Sabha, state legislative assemblies, and Delhi (as a union territory with an elected assembly) for women. This linking of the implementation of the Act to the implementing of two long-term exercises of census and delimitation, makes little sense to many, and sounds quite like empowerment delayed for now.
In a 2012 article 'Holding Up Half the Sky: Reservations for Women in India', Rudolf C Heredia breaks down the common misconceptions that cloud our understanding of women's political participation- "When women do attain a national leadership role it is often because they have inherited the mantle from their fathers ophusbands, rather than as persons in their own right and are then projected as matriarchs, part of the joint family, complementary to the patriarchy rather than a challenge to it."
In 'Equality versus Empowerment: Women in Indian Legislature', 2023, Soumya Bhowmick makes the case for going a step beyond quotas, and to turn our attention to the complexities that shape women's agency in the country. This, he argues, would require a bottoms-up approach, rather than merely handing out reservations in a top-down manner. "In a country like India with a considerably large heterogeneous population, the dissemination of legislative power would be insufficient to protect the interests of minority groups such as women, Scheduled Castes, and Scheduled Tribes." He concludes that "implementing the idea of reservation for women would bring about descriptive representation, but its transformation into substantive representation would depend on the change in the attitudes of the people."
While the reservation of one-third of seats for women belonging to the scheduled castes and tribes under the amendment to article 330a and 332 of the constitution is a welcome step, it remains to be seen whether it fully acknowledges the complex interplay of hierarchies, socio-political relationships which also affect the extent and nature of complications that surround effective realisation of women's politics for Indian politics to emerge as a truly emancipatory space.- CLAT - 2025
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