Legal Reasoning Questions for CLAT | QB Set 62

Under the Hindu Marriage Act, 1955, a valid Hindu marriage can take place only when certain essential conditions are fulfilled. Firstly, neither party should have a living spouse at the time of marriage, as Hindu law prohibits bigamy. Secondly, both the bride and the groom must be capable of giving valid consent and should not suffer from any mental disorder that makes them unfit for marriage or procreation of children. Thirdly, the groom must have completed 21 years of age and the bride must have completed 18 years of age at the time of marriage. Another important requirement is that the parties should not fall within the degrees of prohibited relationship or be sapindas of each other, unless such a marriage is permitted by a valid custom or usage governing them. In addition, the marriage must be solemnised according to the customary rites and ceremonies of either party. These conditions are intended to ensure that marriages are entered into voluntarily, legally, and in accordance with social and cultural norms recognised under Hindu law.

Question 1

Rohan and Meera, both Hindus, decided to marry. Rohan was already legally married to Kavya, but he did not disclose this fact to Meera. Without obtaining a divorce from Kavya, Rohan went through a marriage ceremony with Meera according to Hindu rites. After a few months, Meera discovered the truth and challenged the validity of the marriage.

Which of the following is the most appropriate legal conclusion?

A. The marriage is valid because the ceremony was performed according to Hindu customs.

B. The marriage is valid because Meera was unaware of Rohan’s first marriage.

C. The marriage is valid unless Kavya objects to it.

D. The marriage is invalid because Rohan had a living spouse at the time of marriage.

Question 2

Ananya, aged 22, and Dev, aged 24, are Hindus. Both are unmarried, mentally sound, and not related within prohibited degrees. They marry according to customary Hindu ceremonies. Ananya’s relatives later challenge the marriage merely because they disapprove of Dev’s profession.

Which of the following is the most appropriate legal conclusion?

A. The marriage is valid because all essential conditions under the Hindu Marriage Act are fulfilled.

B. The marriage is invalid because relatives did not approve it.

C. The marriage is void unless the families later consent.

D. The marriage becomes valid only after one year.

Question 3

Karan and Nisha are Hindus. Karan is 23 years old and Nisha is 17 years old. They undergo a marriage ceremony according to Hindu customs. Both willingly consent to the marriage and neither has a living spouse.

Which of the following statements is most accurate?

A. The marriage is automatically valid because both parties consented.

B. The marriage violates an essential condition because the bride has not attained the prescribed age.

C. The marriage is invalid only if Nisha’s parents object.

D. The marriage is valid because Karan has attained the required age.

Question 4

Arjun and Priya are Hindus and first cousins. Their community follows a long-standing and recognised custom that permits marriages between first cousins. They decide to marry according to Hindu rites. Some neighbours argue that the marriage is invalid because the parties fall within a prohibited relationship.

Which of the following is the most appropriate legal conclusion?

A. The marriage is invalid because marriages within prohibited relationships are never permitted.

B. The marriage is invalid because customs cannot override personal law.

C. The marriage may be valid if a recognised custom permits such a marriage.

D. The marriage is valid only if approved by a court before solemnisation.

Question 5

Vivek and Sanya are Hindus. Neither has a living spouse, both have attained the required age, and neither suffers from any mental incapacity. They are not related within prohibited degrees. However, they simply sign a private note declaring themselves married and do not perform any customary rites or ceremonies recognised by either family tradition.

Which of the following is the most appropriate legal conclusion?

A. The marriage may not be valid because it was not solemnised according to recognised customary rites and ceremonies.

B. The marriage is automatically valid because both parties agreed.

C. The marriage is valid because no objection was raised.

D. The marriage becomes valid after they start living together.

Answers and Explanations

1. D — The marriage is invalid because Rohan had a living spouse at the time of marriage.

Under the Hindu Marriage Act, neither party should have a spouse living at the time of marriage. Since Rohan was already married to Kavya and had not obtained a divorce, his subsequent marriage with Meera violates an essential condition of a valid Hindu marriage.

2. A — The marriage is valid because all essential conditions under the Hindu Marriage Act are fulfilled.

The Act requires the parties to satisfy statutory conditions such as age, mental capacity, absence of a living spouse, and compliance with prohibited relationship rules. Family approval is not an essential legal requirement. Therefore, the marriage remains valid.

3. B — The marriage violates an essential condition because the bride has not attained the prescribed age.

The Hindu Marriage Act prescribes that the bride must have completed 18 years of age and the groom 21 years. Since Nisha is only 17, the age requirement is not satisfied. Consent alone cannot cure this deficiency.

4. C — The marriage may be valid if a recognised custom permits such a marriage.

Although marriages within prohibited relationships are generally barred, the Act recognises valid customs and usages that permit such unions. If the custom is ancient, certain, and recognised, the marriage can be legally valid.

5. A — The marriage may not be valid because it was not solemnised according to recognised customary rites and ceremonies.

A Hindu marriage must ordinarily be solemnised according to the customary rites and ceremonies of either party. Merely signing a private declaration without following recognised marriage ceremonies may not satisfy the legal requirements for a valid Hindu marriage.