TEST 3

 

FAMILY LAW

 

 

 

1. Children Born out of Void Hindu Marriage are in the eye of law

A.Illegitimate

B.Legitimate

C.Illegitimate, having no rights in ancestral property

D.Legitimate but having right of inheritance limited to their parent's property only

 

2. A person who is a dependant under section 21 of Hindu Adoptions & Maintenance Act, 1956 and also a class I heir and gets a share in the deceased's estates as heir, is

A.Entitled to claim maintenance as dependant

B.Not entitled to claim maintenance as dependant

C.Entitled to claim maintenance with the consent of other heirs

D.Entitled to claim maintenance through the judicial process

 

3. Give correct Response. A subsequent impotency i. e. impotency after the solemnization of marriage, the marriage is

A.Remains valid

B.Becomes void

C.Becomes voidable

D.None of these

 

 

4. A petition Under Section 12 of Hindu Marriage Act can be filed if:

A.The marriage is solemnized before the commencement of Act

B.The marriage is solemnized before or after the commencement of Act

C.The marriage is solemnized after the commencement of Act

D.The marriage is solemnized after 1956

 

 

5. A decree of Judicial separation:

(1) Dissolves the Matrimonial bond

(2) Does not dissolve the Matrimonial bond but merely suspends marital rights and obligations during the subsistence of the decree
(3) Mandates that the parties still continue to be husband and wife but not obliged to live together.

(4) Provides that if the parties have not resumed co-habitation for a period of one year either party may seek divorce

A.(1), (2) and (4)

B.(1), (2), (3) and (4)

C.(1) and (4)

D.(2), (3) and (4)

 

6.  Find out the correct statement(s) from the following:
(1) A void marriage remains valid until a decree annulling it has been passed by a competent Court.

(2) A void marriage is never a valid marriage and there is no necessary of a decree annulling it.

(3) A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent Court.

A.(1) and (2) are correct

B.(2) and (3) are correct

C.Only (2) is correct

D.Only (3) is correct

E.All (1), (2) and (3) are correct

 

 

7. Under section 15 of Hindu Marriage Act, 1955 the divorced person, to marry again

A.Have to wait for a period of one year from the date of the decree

B.Have to wait for a period of six months from the date of the decree

C.May marry immediately thereafter with the leave of the court

D.May marry immediately thereafter without the leave of the court and as a matter of right

 

8. The mother of an illegitimate child has the power to give the child in adoption

A.Only with the consent of putative father

B.Without the consent of the putative father

C.With the prior permission of the court

D.Without the consent of the putative father but with the prior permission of the court

 

9. Under section 8 of The Hindu Succession Act, 1956, who among the following will rank first as heir?

A.Widow

B.Mother

C.Widow of a predeceased son

D.None of the above

 

10. A decree of divorce under the Hindu Marriage Act, 1955 . . . . . . . . . the status of the parties as married persons.

A.Does not terminate

B.Cannot terminate

C.Terminates

D.Partly terminate depending on circumstances

 

 

 

11. What is the position of the nominee under The Hindu Succession Act, 1956?

A.Nominee retains the amount or property received under nomination and is thus entitled to it

B.Nominee entitled to receive amount or property holds it as trustee

C.A nominee is equivalent to the heir or legatee with regards to property or amount under nomination

D.None of the above

 

 

12. Where a property sought to be changed mentioned in the application for permanent alimony, is subsequently transferred before the order creating the charge is passed

A.Transferee will take the property subject to the charge

B.Transferee will take the property free of any charge

C.Transferee mayor may not take the property subject to the charge

D.Either (A) or (C)

 

 

13. The Hindu Succession Act, 1956 mentions:

A.Two types of heir of a Hindu male

B.Three types of heir of a Hindu male

C.Four types of heir of a Hindu male

D.Five types of heir of a Hindu male

 

 

14. If, during the period of judicial separation, 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

 

15.Adoption of a son by a Hindu male

A.Results in divesting of an estate vested in any person prior to the adoption

B.Is not to result in divesting of an estate vested in any person prior to the adoption

C.May or may not result in divesting of any estate vested in any person prior to adoption depending on the agreement between the parties

D.May or may not result in divesting of any estate vested in any person prior to adoption as decided by the court

 

 

16. Bar to entertain a petition for divorce is contained in

A.Section 14 of Hindu Marriage Act

B.Section 15 of Hindu Marriage Act

C.Section 19 of Hindu Marriage Act

D.Section 23 of Hindu Marriage Act

 

 

 

17. Which of the following statements hold true regarding the Hindu Succession (Amendment) Act, 2005?

A.Women can now act as karta of the joint Hindu family

B.Women cannot act as a karta of the joint Hindu family before or after passing of the Hindu Succession (Amendment) Act, 2005

C.Women can now become karta of joint Hindu family

D.None of these

 

 

18. A married in 1947 in accordance with Hindu religious rites and ceremonies, can he file a petition for judicial separation now:

A.Hindu Marriage Act came into force in 1955, so petition is not maintainable

B.Petition is not maintainable as their marriage subsists more than 25 years

C.Petition is maintainable as it is immaterial, whether the marriage is solemnised before or after the commencement of the Act

D.Petition is not maintainable at all

 

19. If a Hindu female intends to adopt a daughter she can adopt a female child who is

A.Less than sixteen years of age

B.Less than fifteen years of age

C.Less than eighteen years of age

D.Less that twenty one years of age

 

20. A person is disqualified from successing any property if he suffers from any

A.Disease

B.Bodily defect

C.Defermity

D.Neither (A) nor (B) nor (C)

 

21. The principle that sub-Section (2) of Section 14 is more in the nature of a proviso or exception to sub-section (1) was laid down in-

A.Karmi v. Amru

B.V. Tulasamma v. Sesha Reddy

C.Balwant Singh v. Daulat Singh

D.Nazar Singh v. Jagjit Singh

 

22. Who comes first in succession as per Section 8 of The Hindu Succession Act, 1956?

A.Cognate

B.Agnate

C.Relatives specified in Class III of the schedule

D.Relatives specified in Class IV of the schedule

23. If a male Hindu died possessed property after the Hindu Succession Act, 1956, came into force leaving his widow W as his sole heir. Which of the following statements will apply?

A.The widow will inherit an absolute estate under Section 14 of the Act

B.The section 14 of the Act will not be applicable. She will inherit under Section 8 of the Act

C.She will inherit under Section 8 of the Act and her estate will become absolute under Section 14 of the Act

D.None of the above will apply

 

24.Give Correct Response. The minimum age of Bride is

A.18 years

B.21 years

C.15 years

D.16 years

 

25. Husband' in entry (a) of section 15(1) of Hindu Succession Act, 1956 does not include

A.A husband of subsisting marriage

B.A divorced husband

C.A husband against whom a decree of judicial separation has been passed and there is compliance of the same

D.Both (B) and (C)

26. Alienation of the minor's property made by a natural guardian without the previous permission of the Court, under Section 8(3) of Hindu Minority and Guardianship Act, 1956 will be voidable at the instance of:

A.Seller

B.Purchaser

C.Minor

D.Both (B) and (C)

E.None of the above

27. While determining as to what property is available for partition, the provision has to be made for

A.Joint family debts

B.Individual debts of the coparceners

C.Tainted debts of the father

D.Both (A) and (B)

28. Who has no right to partition under Hindu Law?

A.Mother

B.Son, grandson, great grandson

C.Son conceived at the time of partition

D.None of the above

 

29. Give incorrect Response stridhan is

A.The property acquired by a women by self exertion

B.The property acquired by woman through a gift or exchange from relatives

C.The property inherited by a woman, whether from a male or female

D.The property acquired by a woman by adverse possession

30. In the event of partition in a joint family, the manager/karta is

A.Liable to account for his past dealings with the family property

B.Liable to account for the family property as it exists

C.Liable to account for assets which ought or might have been received if the family property had been profitably dealt with

D.All the above

31. A decree for restitution of conjugal rights may be enforced:

A.By attachment of property

B.By injunction

C.By detention in civil prison

D.None of above

32.A marriage of a Hindu man with the biological sister of his adopted sister is:

A.Void

B.Valid

C.Voidable

D.Illegal

 

33. The Hindu Succession Act as amended in September, 2005 empowered the daughter of a coparcener rights in coparcenary property like son under . . . . . . . . of the Act.

A.Section 6

B.Section 7

C.Section 12

D.Section 15

 

34. Under which Section of the Hindu Marriage Act, 1955, 'judicial separation' has been provided?

A.Section 9

B.Section 10

C.Section 11

D.Section 13

 

 

35. Which of the following provisions of the Hindu Succession Act, 1956 lays down for the escheat:

A.Section 25

B.Section 26

C.Section 27

D.Section 29

 

36. In the presence of any of the female relatives or a male relative claiming through a female, the interest of a coparcener in the joint Hindu family governed by Mitakshara school, shall devolve by

A.Succession

B.Survivorship

C.Either (A) or (B)

D.Both (A) and (B)

 

37. Which of the following Sections of the Hindu Marriage Act, 1955, provides that children of a void marriage would be the legitimate children?

A.Section 11

B.Section 16

C.Section 17

D.Section 18

 

38.A widow inherits property of her husband on his death. Whether a subsequent re marriage would divest her of property in view of Section 24 and section 14 of the Hindu Succession Act, 1956?

A.Yes

B.No

C.Depends

D.None of the above

 

39. Marriage of a Hindu male with the widow of his brother is:

A.Valid

B.Void

C.Voidable

D.Void unless protected by custom or usage

 

40. Section 29 of Hindu Marriage Act, 1955

A.Saves a custom which recognised divorce

B.Over-rides the custom which recognised divorce

C.Saves and over-rides both, the custom which recognised divorce depending on the fact & circumstances of the case

D.Gives a discretion to the court to recognise or not to recognise any such custom

 

 

41.Jimutavahana' is known for his work

A.Nirnaya Sindhu

B.Dayabhag

C.Dayatatva

D.Dattak Mimansa

42. The provision for maintenance of a wife who lives with her husband has been made under

A.Section 18(1) of Hindu Adoptions & Maintenance Act

B.Section 18(2) of Hindu Adoptions & Maintenance Act

C.Section 18(3) of Hindu Adoptions & Maintenance Act

D.All the above

 

 

43. The presumption that younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a/an

A.Presumption of law

B.Presumption of fact and law

C.Irrefutable presumption of law

D.Refutable presumption of law

 

44. Desertion can be put to an end

A.Before the statutory period has run out

B.After the statutory period has run out

C.Either before or after the statutory period has run out

D.Only before the statutory period has run out and not after that period has run out

 

 

45. It is permissible for a respondent to file a counter claim under

A.Section 21A of Hindu Marriage Act

B.Section 21B of Hindu Marriage Act

C.Section 23 of Hindu Marriage Act

D.Section 23A of Hindu Marriage Act

 

46. Who is natural guardian of a married minor girl

A.Father-in-law

B.Mother

C.Father

D.Husband

 

47. For cases falling under section 12 of the Hindu Marriage Act, 1955 determining factor.

A.Curability can be a

B.Curability is not a

C.Adultery can be a

D.Fidelity can be a

 

 

48. Under Hindu law, if a minor marries without the consent of the parents/ guardian, the marriage would be:

A.Invalid

B.Void

C.Valid

D.Both (A) and (B)

49. 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

 

 

50. The income of the hereditary profession, such as of priest is:

A.Self-acquired property

B.Separate property

C.Ancestral property

D.Joint family property

51. When a marriage has been dissolved by a decree of divorce under Hindu Marriage Act, 1955 and there is a right of appeal, the divorced persons may marry again:

A.After expiry of 1 month from the decree of divorce

B.Immediately after passing of the decree of divorce

C.After expiry of 2 months from the decree of divorce

D.After expiry of the time for appealing, without any appeal having been presented

 

52.Regard being had to the provisions of the Hindu Succession Act, 1956, which of the following statements is not correct?

A.If a Hindu woman had any existing interest in a property howsoever small, prior to the enactment of the Hindu Succession Act, 1956,the same would blossom into a full-fledged right by virtue of the operation of Section 14(1) thereof

B.The right of daughter in coparcenary property is not lost by passing of preliminary decree for partition before the 20^th day of December, 2004

C.If a right is created in a Hindu female for the first time in respect of any property under any instrument or under a decree, where a restricted estate in such property is prescribed, the provision of Section 14(2) of the above Act would be attracted and would not convert such a right into a full-fledged right of ownership of the property

D.The right of daughter in coparcenary property is not lost by any testamentary disposition of property which had taken place before the 20^th day of December, 2004

 

 

53. Liability of the sons to pay the father's debt exists

A.During the life time of the father

B.After the death of the father

C.Irrespective of whether the father is alive or dead

D.Only (B) and not (A)

 

54. Under section 16 of Hindu Succession Act, 1956 the children of a pre-deceased son or a pre-deceased daughter can take share

A.Simultaneously with son, daughter and the husband, and each takes per-capita with them

B.Simultaneously with son, daughter and the husband and each takes per-stirpes

C.Simultaneously with son, daughter and the husband and take per-stirpes and then among themselves per capita

D.Not simultaneously with son daughter and the husband but only in their absence

 

55. Doctrine of 'Relation Back' applies to the matters relating to

A.Maintenance

B.Marriage

C.Adoption

D.Legitimacy

 

 

56. Till what period Husband has to maintain his divorced wife.

A.Till death

B.Upto 3 years

C.Until she remarries

D.Upto 10 years

 

 

57. An adopted son can challenge

A.A gift of coparcenery property by the adoptive father

B.An alienation made by the adoptive father prior to 1956 where the alienation was not for legal necessity

C.Both (A) and (B)

D.Only (B) and not (A)

 

58. By the operation of the doctrine of blending

A.Self acquired property of a coparcener voluntarily thrown by him into the common stock becomes a joint family property

B.Joint family property of a coparcener becomes his separate property

C.Self acquired property of a coparcener remains a self acquired property

D.Both (A) and (B)

 

59. X, a Hindu Boy, aged 16 years, married Y, a Hindu Girl aged 13 years, by exchange of garlands, subsequently, it was revealed to Y that X is impotent, Y leaves X and married M:

A.Y cannot be punished for bigamy

B.Y cannot be punished for bigamy as the first marriage was void on account of lack of performance of ceremonies of marriage

C.Both (A) and (B)

D.All the above are correct

 

60. Insanity is a ground for

A.Getting the marriage annulled as voidable

B.Judicial separation

C.Divorce

D.All the above

71. The mother has the capacity to give a child in adoption, if the father of the child

A.Is dead

B.Has ceased to be a Hindu

C.Has finally & completely agreed

D.Either (A) or (B) or (C)

 

72. A Hindu dies intestate, leaving a son and two daughters. His property was partitioned. Whether each one of the successors is entitled to alienate hislher share without the consent of the other heirs-

A.Yes

B.No

C.Only son can alienate his share

D.Only daughters can alienate their respective shares

 

73. Desertion is constituted when

A.There is a factum of separation

B.There is animus deserdendi

C.Either (A) or (B) exists

D.Both (A) and (B) co-exist

 

74. Section 7 of Hindu Marriage Act, 1955 provides for

A.Conditions of marriage

B.Capacity to marry

C.Ceremonies of marriage

D.All the above

75. Marriage is . . . . . . . . ten sacraments, enjoined by the Hindu religion for regeneration of men.

A.First of the

B.Seventh of the

C.Third of the

D.Last of the

 

76. A Hindu widow A inherits property from her mother. A dies intestate leaving behind her brother and her husband's father and mother. The property shall devolve upon-

A.Her husband's father

B.Her brother

C.Her husband's mother

D.All of them in equal shares

 

77. Section 16 of the Hindu Marriage Act, 1955 deals with the legitimacy of children of

A.Voidable marriage only

B.Both Void and voidable marriages

C.Void marriage only

D.Valid marriage only

 

 

78. Which one of the following can be a ground for disqualification under Hindu Succession Act, 1956?

A.Mental infirmity

B.Physical defects

C.Conversion to other religion

D.Diseases

 

 

79. 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

 

80. Give Correct Response. The minimum age of Bridegroom prescribed under Section 5 is:

A.18 years

B.21 years

C.15 years

D.16 years

 

81. Section 10 clause (iv) of the Hindu Adoption & Maintenance Act prohibits adoption of

A.A boy or girl who has completed the age of seven years

B.A boy or girl who has completed the age of ten years

C.A boy or girl who has completed the age of twelve years

D.A boy or girl who has completed the age of fifteen years

 

 

82. Fine prescribed under Section 18 of the Hindu Marriage Act, 1955 for child marriage has been enhanced by the Prohibition of Child Marriage Act, 2006 from one thousand rupees to:

A.Ten thousand rupees

B.Fifteen thousand rupees

C.Fifty thousand rupees

D.One lakh rupees

 

83. Son is liable, under the doctrine of pious obligation, to pay

A.A debt contracted by the father before partition

B.A debt contracted by the father after partition

C.A debt contracted by the father either before or after partition

D.A debt contracted by the father for immoral purpose before the partition

 

 

84. Under which of the following laws is the remedy of restitution of conjugal rights not available?

A.Hindu Marriage Act, 1955

B.Indian Christian Marriage Act, 1872

C.Parsi Marriage and Divorce Act, 1936

D.Special Marriage Act, 1954

 

85. Marriage of two Hindus can be solemnised under

A.Hindu Marriage Act, 1955

B.Special Marriage Act, 1954

C.Either (A) or (B)

D.Only (A) and not (B)

 

86. Doctrine of 'factum valet' in the context of ceremonies of marriage cures

A.Non-observance of necessary ceremonies

B.Non-observance of essential ceremonies

C.Both (A) and (B)

D.Neither (A) nor (B)

 

87. Father, under the Mitakshara law

A.Has the power to alienate his son's share, after a partition between him and the son, if the alienation is in respect of a debt contracted before partition

B.Has the power to alienate his son's share, after a partition between him and the son, if the alienation is in respect of a debt contracted after partition

C.Has no power to alienate his son's share, after a partition between him and his son, even though the alienation is in respect of a debt contracted before partition

D.Both (A) and (B)

 

88. Under the Hindu Succession Act, 1956, when a Hindu woman dies intestate, her property will be inherited firstly by her

A.Father

B.Mother

C.Brother

D.Husband, son and daughter

 

89. When a Hindu inherits the property from his father under section 8 of the Hindu Succession Act, 1956, he takes it as

A.Joint Family Property

B.Co-owner

C.His separate property

D.Tenants in common

90. Husband of a female Hindu dying intestate as her heir finds his place in

A.Entry (D) of section 15(1) of Hindu Succession Act

B.Entry (C) of section 15(1) of Hindu Succession Act

C.Entry (B) of section 15(1) of Hindu Succession Act

D.Entry (A) of section 15(1) of Hindu Succession Act

 

 

91. Requisites and conditions of a valid adoption have been laid down in

A.Sections 6 and 11 of the Hindu Adoptions & Maintenance Act, 1956

B.Sections 6 and 10 of the Hindu Adoptions & Maintenance Act, 1956

C.Sections 7 and 8 of the Hindu Adoptions & Maintenance Act, 1956

D.Sections 9 and 10 of the Hindu Adoptions & Maintenance Act, 1956

 

 

92. Which of the following relations is not dependent under Section 21 of the Hindu Adoption and Maintenance Act, 1956?

A.Grand Mother

B.Mother

C.Widow

D.Daughter

 

93. Read both Assertion (A) and Reason (R) and answer using the given below:
Assertion (A): In Mithila, a widow cannot adopt at all, not even if she has the express authority of her husband.

Reason (R): A widow may adopt under the authority from her husband.

A.Both (A) and (R) are correct and (R) is the correct explanation of (A)

B.Both (A) and (R) are correct and (R) is not correct explanation of (A)

C.(A) is correct but (R) is false

D.(A) is false but (R) is correct

94. Which of the following statements is not correct in respect of Hindu Succession (Amendment) Act, 2005

A.Female and male heirs are given equal shares

B.No new right is created in favour of female

C.Restriction of right of a female to file a suit for partition is lifted

D.The amendment is retrospective in operation

 

95. According to the decision in Rita Mago v. V. P. Mago, AIR 1977 Delhi 176, an order for interim maintenance & expenses under section 24 of Hindu Marriage Act can be passed

A.During the pendency of the proceedings only

B.After the conclusion of trial & passing of the decree

C.Both (A) and (B) are correct

D.Either (A) or (B)

 

96. Who amongst the following are not entitled to partition

A.Adopted son

B.Aurasa son

C.Illegitimate son

D.All the above

 

97. A marriage solemnised between any two Hindus in violation of section 5(iii) of Hindu Marriage Act as to the requirement of age, shall be

A.Valid

B.Invalid

C.Voidable

D.Void

 

98. The children of a void marriage under the Hindu Marriage Act, 1955 are-

A.Legitimate and entitled to inherit property of all relatives

B.Legitimate but entitled to inherit the property of their parents only

C.Illegitimate and entitled to inherit the property of their mother only

D.Illegitimate and entitled to inherit the property of their father only

 

99. Before filing a petition for divorce by mutual consent, the parties must be living separately for a period of

A.Six months or more

B.One year or more

C.Eighteen months or more

D.Two years or more

 

 

100. Hindu Marriage Act, 1955 under section 10, provides for

A.Separation by agreement

B.Judicial separation

C.Both separation by agreement and judicial separation

D.Either (A) or (B)