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Hindu Law

Description: Hindu Law
Number of Questions: 15
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Tags: Hindu Law Family Law
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A bigamous marriage contracted before the commencement of the Hindu Marriage Act, 1955

  1. ipso facto becomes void

  2. becomes voidable

  3. remains valid

  4. None of these


Correct Option: C
Explanation:

A bigamous marriage contracted before the commencement of the Hindu Marriage Act, 1955 remains valid. 

Hindu Marriage Act, 1955

  1. does not prescribe the ceremonies requisite for solemnisation 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

  2. does not prescribe the ceremonies requisite nor leaves it to the parties to choose

  3. does prescribe the ceremonies and does not leave it to the parties to choose

  4. does prescribe the ceremonies and at the same time, leaves it to the parties to choose


Correct Option: A
Explanation:

Hindu Marriage Act, 1955 does not prescribe the ceremonies requisite for solemnisation 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. 

The word legitimacy has been derived from the Latin term “legitimare” which means

  1. to do legal

  2. to make lawful

  3. to think valid

  4. None of these


Correct Option: B
Explanation:

Legitimacy refers to the status of a child who is born to parents who are legally married to each other. 

In which of the following cases did the Supreme Court hold that paramount duty of the Court in matrimonial matters should be to restore peace in the family?

  1. Bheemraya v. Suneetha

  2. Govind Dayal v. Inayatullah

  3. Durga Prasanna Tripathy v. Arundhaty Tripathy

  4. Ramesh Chand Daga v. Rameshwari Bai


Correct Option: A
Explanation:

In Bheemraya v. Suneetha (2013) case, the Supreme Court held that paramount duty of the Court in matrimonial matters should be to restore peace in the family.

Under the Hindu Marriage Act, ‘condonation’ applies to the matrimonial offence of

  1. adultery

  2. cruelty

  3. desertion

  4. Both (1) and (2)


Correct Option: A
Explanation:

Under Indian laws pertaining to marriage disputes, condonation means pardoning a matrimonial offence such as adultery. 

Who is/are Hindu(s) among the following?

  1. A legitimate child of Sikh male and Jain female

  2. An illegitimate child of Sikh male and Jain female

  3. An illegitimate child of Hindu male and Parsi female who is brought up as a Hindu

  4. All of the above


Correct Option: D
Explanation:

Hindu law defines that all of the above are Hindus under the provision of law.

Forced intercourse by a man with his wife while a decree of judicial separation is in effect

  1. is punishable under the Hindu Marriage Act

  2. is punishable under the Indian Penal Code

  3. is not an offence in India

  4. None of these


Correct Option: B
Explanation:

Forced intercourse by a man with his wife while a decree of judicial separation is in effect is punishable under the Indian Penal Code.

What is the effect of judicial separation on marital relations under the Hindu marriage Act?

  1. Marital relations come to an end.

  2. Marital relations are suspended.

  3. Marriage becomes void.

  4. Marriage becomes voidable.


Correct Option: B
Explanation:

Marital relations are suspended. The parties are no longer obliged to live together.

Lachman Utamchand Kriplani v. Meena is the leading decision of the Supreme Court on the ground of

  1. cruelty

  2. desertion

  3. insanity

  4. adultery


Correct Option: B
Explanation:

Lachman Utamchand Kriplani v. Meena is the leading decision of the Supreme Court on the ground of desertion.

Which of the following theories is/are the outcome of a fundamental shift in the policy discernible from the judicial recognition of the view that the purpose of divorce law was not to punish the guilty, but to protect the innocent spouse?

  1. Fault theory

  2. Consent theory

  3. Breakdown theory

  4. Both (2) and (3)


Correct Option: A
Explanation:

Under the fault theory or the offence theory or the guilt theory, marriage can be dissolved only when either party to the marriage has committed a matrimonial offence. 

Which of the following pairs is correctly matched?

  1. Cruelty – Yamunabai v. Anant Rao (1988)

  2. Desertion – Sobha Rani v. Madhukar Reddy (1988)

  3. Judicial separation – Dastane v. Dastane (1975)

  4. Divorce on ground of conversion – Sarla Mudgal v. Union of India (1995)


Correct Option: C
Explanation:

Section 125 of the CrPC – Yamunabai v. Anant Rao (1988) Cruelty – Sobha Rani v. Madhukar Reddy (1988) Bigamy – Sarla Mudgal v. Union of India (1995)

For desertion to qualify as a ground for divorce under the Hindu Marriage Act, intention to desert is

  1. a necessary condition

  2. a sufficient condition

  3. neither necessary nor sufficient condition

  4. None of these


Correct Option: A
Explanation:

The following five conditions must be present to constitute a desertion:

  1. The factum of separation
  2. Animus deserdendi (intention to desert)
  3. Desertion without any reasonable cause
  4. Desertion without consent of other party
  5. Statutory period of two years must have run out before a petition is presented.

‘Supprressio yeti’ by a woman under the HMA, 1955 who was pregnant at the time of marriage is a ground for annulling the marriage as

  1. voidable

  2. void

  3. Both (1) and (2)

  4. Neither (1) nor (2)


Correct Option: A
Explanation:

Section 12 of the Hindu Marriage Act deals with the ground for declaring the marriage voidable where the woman was pregnant at the time of marriage.

Remedy of restitution of conjugal rights is available to

  1. husband

  2. wife

  3. wife and husband

  4. only husband and not wife


Correct Option: C
Explanation:

Section 9 of the Hindu Marriage Act deals with "remedy of restitution of conjugal". 

Provisions of Section 24 of the Hindu Marriage Act, 1955 correspond to

  1. Section 36 of the Special Marriage Act, 1954

  2. Section 36 of the Indian Divorce Act, 1869

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Section 24 provides a relief by way of maintenance and litigation expenses to a spouse who is unable to maintain himself/herself during the pendency of the proceedings.

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