Recent Trends in the institution of marriage — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. In Badri Prasad v. Deputy Director of Consolidation, long cohabitation as husband and wife raises:

   • An irrebuttable presumption of marriage
   • A rebuttable presumption of a valid marriage (correct answer)
   • No legal presumption at all
   • A presumption of divorce

   Explanation. The Court held that long cohabitation raises a strong but rebuttable presumption of a valid marriage.

2. D. Velusamy v. D. Patchaiammal laid down conditions for a relationship to qualify as "in the nature of marriage" under:

   • The Hindu Marriage Act
   • The Domestic Violence Act, 2005 (correct answer)
   • The Indian Penal Code
   • The Special Marriage Act

   Explanation. The four-condition test applies to protection under the Domestic Violence Act, 2005.

3. According to Indra Sarma v. V.K.V. Sarma, a relationship where one partner is already married to someone else is:

   • Fully protected under the Domestic Violence Act
   • Not covered, where the woman knowingly lives with a married man (correct answer)
   • Automatically a valid marriage
   • Void under Section 11

   Explanation. The Court held that a woman who knowingly lives with a married man is not covered, and asked Parliament to legislate for such women and children.

4. In Lata Singh v. State of Uttar Pradesh, the Supreme Court held that:

   • Inter-caste marriages should be discouraged
   • An adult has an absolute right to marry a person of their own choice (correct answer)
   • Only arranged marriages are valid
   • Parental consent is mandatory for adult marriage

   Explanation. The Court held that an adult has an absolute right to marry a person of their own choice.

5. Shakti Vahini v. Union of India laid down guidelines primarily against:

   • Inter-caste marriages
   • Honour crimes and khap panchayat interference (correct answer)
   • Live-in relationships
   • Registration delays

   Explanation. Shakti Vahini laid down preventive, remedial, and punitive guidelines against honour crimes and khap panchayat interference.

6. In Supriyo @ Supriya Chakraborty v. Union of India (2023), the Supreme Court held that recognition of same-sex marriage:

   • Is already available under the Hindu Marriage Act
   • Is a matter for Parliament, not the judiciary, to create through new legislation (correct answer)
   • Was fully granted by the Court
   • Is permanently barred by the Constitution

   Explanation. The Court held that creating a legal framework for same-sex marriage is a matter for Parliament.

7. The four conditions in D. Velusamy include all of the following EXCEPT:

   • Holding themselves out to society as spouses
   • Both being of legal age to marry
   • Payment of dowry by one party (correct answer)
   • Voluntary cohabitation for a significant period

   Explanation. Payment of dowry is not one of the four Velusamy conditions.

8. Does Domestic Violence Act protection for a live-in partner amount to full marital status for all legal purposes?

   • Yes, completely equivalent
   • No, it is a specific statutory remedy, not general marital status (correct answer)
   • Only for tax purposes
   • Only if registered separately

   Explanation. Such protection is a specific statutory remedy, not a general declaration of marital status.