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Family Law (UGC/ NET)

Description: Law Aptitude
Number of Questions: 17
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Tags: Law Aptitude Family Law Law
Attempted 0/17 Correct 0 Score 0

In how many categories are class II heirs divided?

  1. 5

  2. 9

  3. 11

  4. 12

  5. None of these


Correct Option: B
Explanation:

Class II heirs are divided into nine categories. Father, son’s daughter’s son, son’s daughter’s daughter, brother, sister, etc.

A testamentary guardian is a guardian

  1. appointed under a will

  2. appointed under the Hindu Minority and Guardianship Act

  3. appointed under a contract

  4. by affinity

  5. All of the above


Correct Option: A
Explanation:

A guardian appointed by the will of natural guardian is known as testamentary guardian. Natural guardians are father, mother and husband.

The Hindu law recognises ____ persons as natural guardians.

  1. two

  2. three

  3. four

  4. five

  5. None of these


Correct Option: B
Explanation:

Hindu Minority and Guardianship Act provides three types of natural guardians. In case of a boy or an unmarried girl, the natural guardian will be the father and after him, the mother. In case of an illegitimate boy or an illegitimate unmarried girl, the natural guardian will be the mother and after her, the father. In case of a married girl, the natural guardian will be the husband.

Which of the following fall(s) within the jurisdiction of family courts?

  1. Matrimonial cause

  2. Maintenance and alimony of spouses

  3. Guardianship and custody of children

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

A family court is a court convened to decide matters and make orders in relation to family law.

Which of the following statements is incorrect?

  1. Alimony under Section 25 can be granted by a court exercising jurisdiction under the Hindu Marriage Act.

  2. An agreement between the parties not to claim maintenance under Section 25 is not a bar in filing the petition for maintenance.

  3. An appeal against the order under Section 25 lies before the High Court.

  4. Periodical payments of alimony, under an order of a court in matrimonial proceedings, can be assigned or released.

  5. None of these


Correct Option: C
Explanation:

Decision given under Section 25 is termed as order of a court. Any order made by a court under Section 25 shall be appealable in the court to which appeal ordinarily lies from the decisions of the court given under the exercise of its original jurisdiction.

Section 19 of the Hindu Adoption and Maintenance Act provides that after the death of her husband, a Hindu wife is entitled to be maintained by

  1. father

  2. brother-in-law

  3. father-in-law

  4. sister-in-law

  5. None of these


Correct Option: C
Explanation:

A Hindu wife shall be entitled to be maintained after the death of her husband by her father-in-law under Section 19 of the Hindu Adoption and Maintenance Act and such obligation of father-in-law shall cease on the remarriage of the daughter-in-law.

Under Section 25 of the Hindu Adoption and Maintenance Act, the amount of maintenance, whether fixed by a court’s decree or by agreement,

  1. cannot be altered

  2. can be altered

  3. can be altered if there is a material change in the circumstances

  4. cannot be altered under any circumstances

  5. None of these


Correct Option: C
Explanation:

Section 25 of the Hindu Adoption and Maintenance Act clearly provides that the amount of maintenance fixed may be altered subsequently if there is a material change in the circumstances justifying such alteration.

Section 17 of the Hindu Marriage Act makes bigamy a penal offence under

  1. Sections 494 and 495, Indian Penal Code

  2. Sections 493 and 495, Indian Penal Code

  3. Sections 492 and 494, Indian Penal Code

  4. Sections 496 and 497, Indian Penal Code

  5. None of these


Correct Option: A
Explanation:

Section 17 of the Hindu Marriage Act provides punishment for bigamy. It states that while granting punishment for bigamy, Sections 494 and 495 of the Indian Penal Code will apply accordingly. Section 494 provides provisions regarding marrying again during the lifetime of husband or wife and Section 495 provides for when bigamy is committed by concealment of former marriage from person with whom subsequent marriage is contracted.

In view of the recent amendment, which of the following is/are no longer the ground(s) for voidable marriage?

  1. Schizophrenia

  2. Epilepsy

  3. Impotency

  4. Concealment of pre-marriage pregnancy

  5. All of the above


Correct Option: B
Explanation:

Epilepsy is a group of neurological diseases. The word “epilepsy” has been removed by the 2009 amendment for declaring the marriage void. So, now there exists no ground for declaring a marriage void that a party is suffering from recurrent attacks of insanity.

An application for maintenance can be made to

  1. a trial court

  2. an appellate court

  3. the High Court

  4. the Supreme Court

  5. Both (1) and (2)


Correct Option: E
Explanation:

Maintenance during the pendency of proceedings is known as maintenance pendent lite. An application for interim maintenance can be made both at a trial court as well as at an appellate court.

One-fifth rule in respect of granting alimony was incorporated only in the

  1. Indian Divorce Act

  2. Special Marriage Act

  3. Hindu Marriage Act

  4. Dissolution of Muslim Marriage Act

  5. None of these


Correct Option: A
Explanation:

While granting alimony, a court has to consider that the amount of alimony shall not exceed one-fifth of the husband’s net average income for the last three years.

The liability of parents to maintain their unmarried daughter continues

  1. till she attains majority by 18 years

  2. after she gets married

  3. so long as the daughter is unable to maintain herself

  4. Any of the above

  5. None of these


Correct Option: C
Explanation:

The obligation of parents to maintain their unmarried daughter extends in so far as the unmarried daughter is unable to maintain herself out of her own earning or other property. This provision is given under Section 20 of the Hindu Adoption and Maintenance Act.

Who among the following is a dependent of a deceased Hindu within Section 21 of the Hindu Adoption and Maintenance Act?

  1. A major son

  2. Grandfather

  3. Grandmother

  4. Widowed daughter

  5. All of the above


Correct Option: D
Explanation:

Widow daughter of a deceased is a dependent defined under the Hindu Adoption and Maintenance Act provided she is unable to maintain maintenance from the family of her husband.

Pregnancy per alium means

  1. pre-marriage pregnancy

  2. pre-marriage unchastity

  3. post-marriage unchastity

  4. Both (1) and (2)

  5. None of these


Correct Option: A
Explanation:

Per alium is a Latin word which means "by another". It means pregnancy of a woman at the time of her marriage by someone other than her husband. If the husband was unaware of the true facts of pregnancy, then the marriage is voidable.

Section 19 of the Hindu Marriage Act deals with

  1. bars to divorce

  2. jurisdiction

  3. permanent maintenance

  4. guardianship and custody of children

  5. None of these


Correct Option: B
Explanation:

Section 19 falls under the part of jurisdiction and procedure for the petitions under the Hindu Marriage Act. Section 19 deals with a court to which petition shall be presented.

A divorced wife can claim maintenance under the

  1. Hindu Marriage Act only

  2. Hindu Marriage Act and the Hindu Adoption and Maintenance Act

  3. Hindu Marriage Act and the CrPC

  4. Hindu Marriage Act, the Hindu Adoption and Maintenance Act and the CrPC

  5. None of these


Correct Option: C
Explanation:

A divorced wife can claim a divorce under the Hindu Marriage Act as stated above. Under the CrPC, a wife can claim maintenance under Section 125. In this section, the definition of wife includes a woman who has been divorced by or has obtained a divorce from her husband and has not remarried.

The lapsing of property to the government in default of heirs on the death of the intestate is provided for by Section 29 of the Hindu Succession Act. This is known as

  1. escheat

  2. estoppel

  3. deemed partition

  4. Any of the above

  5. None of these


Correct Option: A
Explanation:

If there is no person left to succeed his or her property, such property shall devolve on the government and the government shall take the property subject to all obligations and duties under Section 29 of the Hindu Succession Act. This is known as escheat.

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