Showing posts with label Hindu Law. Show all posts
Showing posts with label Hindu Law. Show all posts

Monday, April 15, 2019

Model Objective Questions | Hindu Law | Part- 003 | HJS Exams | District Judge Exams | Civil Judge (JD) Exams | PCS (J) Exams

Hindu Law , Hindu Law Objective Questions
Model Objective Questions | Hindu Law | Part- 003 | HJS Exams | District Judge Exams | Civil Judge (JD) Exams | PCS (J) Exams
21. A Hindu father-in-law is bound to maintain widow daughter-in-law if
(A) she is having no property or income
(B) she is unable to obtain maintenance out of estate of deceased husband
(C) she cannot obtain maintenance from children
(D) All of the above

Ans. (D)

22. A marriage under Hindu Law between Sapindas parties shall be valid
(A) If the custom or usage governing each of them permits.
(B) If the custom or usage governing any of them permits.
(C) Either (A) or (B).
(D) Neither (A) nor (B).

Ans. (A)

23. Adultery is a ground under Hindu Marriage Act, 1955 for
(A) judicial separation
(B) divorce
(C) judicial separation and divorce both
(D) only divorce and not judicial separation

Ans. (C)

24. A Hindu wife can adopt a boy and a girl simultaneously
(A) without consent of husband
(B) with the consent of husband
(C) cannot adopt
(D) None of the above

Ans. (B)

25. The leading case of Hindu husband’s entering second marriage on conversion to islam is-
(A) Mohini Jam’s case, 1992(3) SCC 666
(B) Daniel Latifi’s case, 2001(7) SCC 740
(C) Saila Mudgal’s case, 1995(3) SCC 635
(D) Shah Bano’s case, 1985(2) SCC 556.

Ans. (C)

26. In case of adoption of a son by a Hindu male, the son must be-
(A) less than twenty one years of age
(B) less than eighteen years of age
(C) less than fifteen years of age
(D) less than nine years of age.

Ans. (C)

27. Adoption is not recognized under the-
(A) Muhammadan law
(B) Parsi law
(C) Both (A) and (B)
(D) Neither (A) nor (B).

Ans. (C)

28. Parties by their consent/ agreement-
(A) can confer jurisdiction on a court where there is none in law
(B) can oust the jurisdiction of a court when there is one in law
(C) can oust the jurisdiction of one of the courts when there are two courts having simultaneous jurisdiction in law
(D) All the above.

Ans. (C)

29. Adoption is unknown to
(A) Hindu Law
(B) Muslim Law
(C) Christian Law
(D) None of the above

Ans. (B) 

30. If, during the period of judicial seperation, either spouse indulges in adultery, does it furnish a ground for divorce?
(A) Yes
(B) No
(C) Not a ground
(D) None of the above

Ans. (A)

 
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Sunday, April 14, 2019

Model Objective Questions | Hindu Law | Part- 002 | HJS Exams | District Judge Exams | Civil Judge (JD) Exams | PCS (J) Exams

Hindu Law , Hindu Law Objective Questions
Model Objective Questions | Hindu Law | Part- 002 | HJS Exams | District Judge Exams | Civil Judge (JD) Exams | PCS (J) Exams
11. Hanuman Prasad V/s Mst. Babooee Mumraj case is related to which of the following ?
(A) Adoption
(B) Guardianship
(C) Marriage
(D) Maintenance

Ans. (B)

12. A Hindu husband converting to Islam and marrying again will be guilty of bigamy. It was held in which of the following case ?
(A) Bahurao V/s State of Maharashtra
(B) Dr. A.N. Mukherji V/s State
(C) Sarla Mudgal V/s Union of India
(D) P.V. Venkatraman V/s State

Ans. (C)

13. Under Hindu law where the husband creates a condition in which the wife is compelled to leave the conjugal home and live separately
(A) the husband may sue for divorce
(B) the wife will be held guilty of desertion
(C) the marriage is irretrievably broken down
(D) the husband is guilty of constructive desertion

Ans. (D)

14. An illegitimate minor child under Section 20 of the Hindu Adoptions and Maintenance Act is entitled to claim maintenance during his minority from
(A) Father
(B) Mother
(C) Grandfather
(D) Both (A) & (B)

Ans. (D)
 
15. A Father Karta can alienate a part of joint family property out of love and affection to
(A) Daughter
(B) Son
(C) Wife
(D) All of the above

Ans. (D)

16. By 2005 Amendment of the Hindu Succession Act, 1956, a son is liable to pay which of the following?
(A) Untainted debt of father
(B) Tainted debt of father
(C) Untainted debt procured by father before the amendment in the Act
(D) None of the above

Ans. (C)

17. In the absence of class I heir who inherits the property of a Hindu male ?
(A) Father
(B) Brother
(C) Sister
(D) All of the above

Ans. (A)

18. In case of ‘desertion’ the wife has to prove which of the following facts ?
(A) The husband has abandoned her.
(B) That he has done so without any reasonable cause and against her wish and without her consent.
(C) That he has wilfully neglected her.
(D) All the above

Ans. (D)

19. In India a decree of restitution of conjugal rights can be executed by
(A) attachment of the property of respondent
(B) arrest of the respondent
(C) attachment of property and arrest of respondent, both
(D) either attachment of property or by arrest of respondent and fine

Ans. (A)

20. Bigamous marriage under the Hindu Marriage Act, 1955 is
(A) Valid
(B) Void
(C) Voidable
(D) Irregular

Ans. (B)

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Saturday, April 13, 2019

Model Objective Questions | Hindu Law | Part- 001 | HJS Exams | District Judge Exams | Civil Judge (JD) Exams | PCS (J) Exams

Hindu Law , Hindu Law Objective Questions
Model Objective Questions | Hindu Law | Part- 001 | HJS Exams | District Judge Exams | Civil Judge (JD) Exams | PCS (J) Exams
1. The marriage may be solemnized between two Hindus if-
(A) bridegroom completes the age of 21 and bride completes 18 years
(B) bridegroom completes the age of 18 and bride completes 21 years
(C) bridegroom completes the age of 21 and bride completes 21 years
(D) bridegroom completes the age of 18 and bride completes 18 years
 
Ans: (A)

2. Hindu Marriage Act, 1955-
(A) Does not prescribe the ceremonies requisite for solemnization of marriage but leaves it to the parties to choose a form of ceremonial marriage which is in accordance with any custom or usage applicable to either party
(B) Does not prescribe the ceremonies requisite nor leaves it to the parties to choose
(C) Does prescribe the ceremonies and does not leave it to the parties to choose
(D) Does prescribe the ceremonies and at the same time leaves it to the parties to choose
 
Ans: (A)

3. Section 16 of the Hindu Marriage Act, 1955 confers legitimacy on the children of-
(A) a void marriage
(B) a voidable marriage
(C) a valid marriage
(D) both void and voidable marriages
 
Ans: (D)

4. Adoption is unknown to
(A) Hindu Law
(B) Muslim Law
(C) Christian Law
(D) None of the above
 
Ans. (B)
 
5. Who becomes the guardian of illegitimate children on the mother’s death.
(A) Uncle
(B) Grandfather
(C) Father
(D) None of the above
 
Ans. (C)

6. Section 12 (1) (a) of the Hindu Marriage Act is related to
(A) Impotency
(B) Mental disorder
(C) Fraud
(D) None of the above
 
Ans. (A)
 
7. Suppressio veri by a woman who was pregnant at the time of marriage is a ground for annulling the marriage as.
(A) Voidable
(B) Void
(C) Irregular
(D) Neither (A) nor (B)
 
Ans. (A)
 
8. If, during the period of judicial seperation, either spouse indulges in adultery, does it furnish a ground for divorce?
(A) Yes
(B) No
(C) Not a ground
(D) None of the above
 
Ans. (A)
 
9. Alimony under Section 25 of the Hindu Marriage Act, 1955 can be ordered by
(A) a civil court
(B) a court exercising jurisdiction under Hindu Marriage Act, 1955
(C) Both (A) and (B)
(D) Neither (A) nor (B)

Ans. (B)
 
10. Punishment for violation of condition as to age as provided under Section 5(III) of the Hindu Marriage Act, 1956, has been provided under which of the following section of the Hindu Marriage Act, 1956 ?
(A) Section 18(b)
(B) Section 17
(C) Section 18(a)
(D) None of the above

Ans. (C)

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Thursday, September 06, 2012

Welfare of Minor is Paramount Consideration in Custody of Minor

Hindu Law , Legal Articles
Welfare of Minor is Paramount Consideration in Custody of Minor
The right of the natural guardian to have the custody of minor U/S 6 is subject to S.13 of the Hindu Minority & Guardianship Act. According to S.13 of the Act the welfare of the minor is of paramount consideration. Condition as mentioned in S.6 of the Act, is under normal circumstances but controlling consideration governing the custody of the children is the welfare of the children and not the right of the parents.

In regard to the custody of minor, the court is bound to take into account the welfare of the minor. Where there is a guardian of minor, who seeks to have the custody of the minor, has a burden on him to show that the welfare of the minor demands that the custody shall be with him in preference to the other guardian of minor. The word "welfare" has the widest amplitude. It is to be understood in its widest sense so as to cover the material & physical well-being, education, health, happiness & moral welfare of the child.

What constitutes the welfare of the minor has to be determined by the court after a careful consideration of the case, as the Act does not lay down any tests or guidelines to determine what is for the welfare of the minor.

The Hindu Minority & Guardianship Act relates to Hindus and a codification of old Hindu Law but this is not a complete code relating to the Hindu Law on minor & guardianship. So for, as matters not covered by this Act are concerned they are regulated by the Guardians & Wards Act, which is common codification for all, in India in this regard. Moreover S.2 of the Hindu Minority & Guardianship Act itself clarifies that the provisions of this Act shall be in addition to, and not, save as herein after expressly provided, in derogation of the Guardians & Wards Act. The provisions of both the Acts are therefore complementary. 

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Wednesday, September 05, 2012

Adoption in Hindus

Hindu Law , Legal Articles
Adoption in Hindus
ADOPTION in the Hindus is covered by The Hindu Adoption and Maintenance Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956.

Prior to this Act motto of adoption is only religional.

It applies to Hindus, Buddhists, Jainas and Sikhs and to any other person who is not a Muslim, Christian, Parsi or Jew by religion.

REQUIREMENTS FOR A VALID ADOPTION:
No adoption can take place unless:

THE PERSON ADOPTING HAS THE CAPACITY / RIGHT TO TAKE CHILD IN ADOPTION (s.6):

CAPACITY OF MALE:
  • Any male Hindu, who is of sound mind and is not a minor, has the capacity to take a son or daughter in adoption. Provided that if he has a wife living, he shall not adopt except with the consent of his wife, unless his wife has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind
CAPACITY OF FEMALE:
  • Any female Hindu who is of sound mind who is not a minor, and who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind has the capacity to take a son or daughter in adoption.
Where the woman is married it is the husband who has the right to take in adoption with the consent of the wife.

THE PERSON GIVING A CHILD IN ADOPTION HAS THE CAPACITY/ RIGHT TO DO SO (s.9):
No person except the father or mother or guardian of the child shall have the capacity to give the child in adoption.

The father alone if he is alive shall have the right to give in adoption, but such right shall not be exercised except with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is unknown (s.11{4}) - the guardian of the child may give the child in adoption with the previous permission of the court. The court while granting permission shall be satisfied that the adoption is for the welfare of the child and due consideration will be given to the wishes of the child having regard for the age and understanding of the child .

The court shall be satisfied that no payment or reward in consideration of the adoption except as the court may sanction has been given or taken.

THE PERSON CAN BE ADOPTED (s.10):
  • No person can be adopted unless he or she is a Hindu; he or she has not already been adopted; he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; he or she has not completed the age of fifteen years unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
OTHER CONDITIONS FOR A VALID ADOPTION ARE FULFILLED:
  • if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son living at the time of adoption
  • if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter living at the time of adoption;
  • if the adoption is by a male and the person to be adopted is a male, the adoptive father is at least twenty one years older than the person to be adopted;
  • if the adoption is by a female and the person to be adopted is a male, the adoptive mother s at least twenty one years older than the person to be adopted;
  • the same child may not be adopted simultaneously by two or more parents;
  • the child to be adopted must be actually given and taken in adoption with an intent to transfer the child from the family of birth.
EFFECT OF ADOPTION:
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption.

However any property which vested in the adopted child shall continue to vest in such person subject to the obligations if any attached to the ownership of such property including the obligation to maintain relatives in the family of his or her birth.

Similarly the adopted child shall not divest a person of any estate which vested in him or her before adoption.

Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer or will.
 
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