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Family Law Test - 2

Description: Family Law Test-2
Number of Questions: 20
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Tags: Family Law Test-2 Family Law
Attempted 0/20 Correct 0 Score 0

Consent theory of divorce was introduced in the Hindu Marriage Act, 1955 in the year

  1. 1979

  2. 1976

  3. 1964

  4. 1956


Correct Option: B
Explanation:

Option (1) is incorrect: No such amendment. Option (2) is correct: Section 13B (divorce by mutual consent) under the Hindu Marriage Act, 1955 was introduced by Marriage Laws (Amendment) Act, 1976. Option (3) is incorrect: No such amendment. Option (4) is incorrect: No such amendment.

Order of succession, under the Hindu Succession Act, of a male Hindu dying intestate is

  1. agnates, cognates, class I heirs, class II heirs

  2. cognates, agnates, class I heirs, class II heirs

  3. class I heirs, class II heirs, cgnates, cognates

  4. class I heirs, class II heirs, cognates, agnates


Correct Option: C
Explanation:

Option (1) is incorrect: Invalid sequence. Option (2) is incorrect: Invalid sequence. Option (3) is correct: Under Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate shall devolve firstly upon the heirs, specified in class I of the Schedule; secondly, if there is no heir of Class I, then upon the heirs, specified in class II of the Schedule; thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and lastly, if there is no agnate, then upon the cognates of the deceased. Option (4) is incorrect: Invalid sequence.  

If parties to a Hindu marriage are sapinda to each other, the marriage is

  1. void

  2. voidable

  3. valid

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause (v) of Section 5. Option (2) is incorrect: It is a void marriage under Section 11 of the Hindu Marriage Act, 1955. Option (3) is incorrect: It is a void marriage under Section 11 of the Hindu Marriage Act, 1955.

Under the Hindu Succession Act, 1956, who amongst the following is not in class I heir?

  1. Father

  2. Mother

  3. Son

  4. Daughter


Correct Option: A
Explanation:

Option (1) is correct: Father is not in class I heir. Option (2) is incorrect: Mother is in class I heir. Option (3) is incorrect: Son is in class I heir. Option (4) is incorrect: Daughter is in class I heir.

A Hindu dies intestate and is survived by two sons, one daughter and a widow. His property shall devolve to

  1. sons only

  2. sons and daughter only

  3. widow only

  4. sons, daughter and widow equally


Correct Option: D
Explanation:

Option (1) is incorrect: It shall not devolve to sons only. Option (2) is incorrect: It shall not devolve to sons and daughter only. Option (3) is incorrect: It shall not devolve to widow only. Option (4) is correct: Property shall devolve to sons, daughter and widow equally.

Under Mitakshara School coparcenary, interest devolves by

  1. representation

  2. survivorship

  3. obstructed heritage

  4. unobstructed heritage


Correct Option: B
Explanation:

Option (1) is incorrect: Under Mitakshara School coparcenary, interest devolves by survivorship, and not by representation. Option (2) is correct: Under Mitakshara coparcenary, interest in the property shall devolve by survivorship upon the surviving members of the coparcenary, and not in accordance with this Act. Option (3) is incorrect: Under Mitakshara School coparcenary, interest devolves by survivorship, and not by obstructed heritage. Option (4) is incorrect: Under Mitakshara School coparcenary, interest devolves by survivorship, and not by unobstructed heritage.

Who becomes the guardian of illegitimate children in the event of mother’s death?

  1. Uncle

  2. Grandfather

  3. Father

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Uncle cannot be a guardian of an illegitimate child. Option (2) is incorrect: Grandfather cannot be a guardian of an illegitimate child.  Option (3) is correct: Under Section 6 of the Hindu Minority and Guardianship Act, 1956, in case of an illegitimate boy or an illegitimate unmarried girl, the mother, and after her, the father can be the guardian.

The general rules of succession of a Hindu male dying intestate are contained in

  1. Section 7 of the Hindu Succession Act, 1956

  2. Section 8 of the Hindu Succession Act, 1956

  3. Section 14 of the Hindu Succession Act, 1956

  4. Section 15 of the Hindu Succession Act, 1956


Correct Option: B
Explanation:

Option (1) is incorrect: Section 7 of the Hindu Succession Act, 1956 deals with devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom. Option (2) is correct: Section 8 of the Hindu Succession Act, 1956 deals with general rules of succession in the case of males. Option (3) is incorrect: Section 14 of the Hindu Succession Act, 1956 deals with property of a female Hindu to be her absolute property. Option (4) is incorrect: Section 15 of the Hindu Succession Act, 1956 deals with general rules of succession in the case of female Hindus.

Under Section 19 of the Hindu Succession Act, 1956, if two or more heirs succeed together to the property of an intestate, they shall take the property as

  1. tenants in common

  2. joint tenants

  3. Either (1) or (2)

  4. Neither (1) nor (2)


Correct Option: A
Explanation:

Option (1) is correct: They shall take the property as tenants in common, and not as joint tenants. Option (2) is incorrect: They shall take the property as tenants in common, and not as joint tenants. Option (3) is incorrect: They shall take the property as tenants in common, and not as joint tenants. Option (4) is incorrect: They shall take the property as tenants in common, and not as joint tenants.

Section 14 of the Hindu Succession Act, 1956 applies to

  1. movable property

  2. immovable property

  3. both movable and immovable property

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: It does not include only movable property, but immovable property also. Option (2) is incorrect: It does not include only immovable property, but movable property also. Option (3) is correct: In this Section, 'property' includes both movable and immovable property.

Under which section of the Hindu Marriage Act, 1955 is the provision relating to registration of marriage given?

  1. Section 8

  2. Section 7

  3. Section 6

  4. Section 5


Correct Option: A
Explanation:

Option (1) is correct: Section 8 of the Hindu Marriage Act, 1955 provides for registration of Hindu marriages. Option (2) is incorrect: Section 7 of the Hindu Marriage Act, 1955 provides for ceremonies of Hindu marriages. Option (3) is incorrect: Section 6 of the Hindu Marriage Act, 1955 provides for guardianship in Hindu marriages. Option (4) is incorrect: Section 5 of the Hindu Marriage Act, 1955 provides for conditions for Hindu marriages.

A Hindu married woman of 32 years of age adopts a male child of 8 years with the consent of her husband. The adoption is

  1. valid

  2. not valid

  3. voidable at the option of husband

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: For a valid adoption, if the adoption is by a female and the person to be adopted is a male, the adoptive mother should be at least 21 years older than the person to be adopted. Option (2) is incorrect: It is a valid adoption. Option (3) is incorrect: It is not voidable at the option of husband.

Under the Hindu Adoption and Maintenance Act, 1956, who among the following is not entitled to adopt?

  1. An unmarried person

  2. Husband with the consent of wife

  3. Wife who is divorced

  4. Husband without the consent of wife


Correct Option: D
Explanation:

Option (1) is incorrect: An unmarried person can adopt a child. Option (2) is incorrect: Husband is entitled to adopt a child with the consent of his wife. Option (3) is incorrect: A divorced wife can adopt a child under the Hindu Adoption and Maintenance Act, 1956. Option (4) is correct: Under Section 7 of the Hindu Adoption and Maintenance Act, 1956, if a person has a wife living, he shall not adopt, except with the consent of his wife.

If during the period of judicial separation, either spouse indulges in adultery, then does it furnish a ground for divorce?

  1. Yes

  2. No

  3. Not a ground

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Yes, it is a ground of divorce under Section 13 of the Hindu Marriage Act, 1955. Option (2) is incorrect: Yes, it is a valid ground. Option (3) is incorrect: It is a ground for divorce.

Who among the following is/are Hindu?

  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 and who was brought up as a Hindu

  4. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: A legitimate or an illegitimate child of a Sikh male and a Jain female is Hindu. Option (2) is incorrect: A legitimate or an illegitimate child of a Sikh male and a Jain female is Hindu. Option (3) is incorrect: A legitimate or an illegitimate child of a Hindu male and a Parsi female and who was brought up as a Hindu is Hindu under the Hindu Law. Option (4) is correct: A legitimate or an illegitimate child of a Sikh male and a Jain female and an illegitimate child of a Hindu male and a Parsi female and who was brought up as a Hindu is Hindu under the Hindu Law.

Section 12(1)(a) of the Hindu Marriage Act is related to

  1. impotency

  2. mental disorder

  3. fraud

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Section 12(1)(a) of the Hindu Marriage Act is related to impotency. Option (2) is incorrect: Section 12(1)(b) of the Hindu Marriage Act is related to mental disorder. Option (3) is incorrect: Section 12(1)(c) of the Hindu Marriage Act is related to fraud.

In regards to a Hindu marriage, 'sapinda relationship' of any person is counted upto

  1. fifth generation in the line of ascent through father only

  2. third generation in the line of ascent through mother only

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: In Hindu marriage, sapinda relationship of any person is counted up to fifth generation in the line of ascent through father and third generation in the line of ascent through mother. Option (2) is incorrect: In Hindu marriage, sapinda relationship of any person is counted upto fifth generation in the line of ascent through father and third generation in the line of ascent through mother. Option (3) is correct: In Hindu marriage, sapinda relationship of any person is counted up to fifth generation in the line of ascent through father and third generation in the line of ascent through mother.

Which of the following Muslim laws applies in India?

  1. Muslim Penal Law

  2. Muslim Law of Evidence

  3. Muslim Law of Sales of Goods

  4. Muslim Women (Protection of Rights on Divorce) Act, 1986


Correct Option: D
Explanation:

Option (1) is incorrect: Muslim Penal Law does not apply in India. Option (2) is incorrect: Muslim Law of Evidence does not apply in India. Option (3) is incorrect: Muslim Law of Sales of Goods does not apply in India. Option (4) is correct: Muslim Women (Protection of Rights on Divorce) Act, 1986 is applicable in India.

The right of a child in the womb at the time of death of Hindu intestate is provided under the Hindu Succession Act in

  1. Section 19

  2. Section 20

  3. Section 21

  4. Section 22


Correct Option: B
Explanation:

Option (1) is incorrect: Section 19 of the Hindu Succession Act provides for mode of succession of two or more heirs. Option (2) is correct: Section 20 of the Hindu Succession Act provides for right of child in womb. Option (3) is incorrect: Section 21 of the Hindu Succession Act provides for presumption in cases of simultaneous deaths. Option (4) is incorrect: Section 22 of the Hindu Succession Act provides for preferential right to acquire property in certain cases.

Entry (1) of Section 15(1) of the Hindu Succession Act, 1956 includes

  1. husband of a subsisting marriage

  2. a divorced husband

  3. Both (1) and (2)

  4. Neither (1) nor (2)


Correct Option: A
Explanation:

Option (1) is correct: Section 15(1) of the Hindu Succession Act, 1956 includes husband of a subsisting marriage. Option (2) is incorrect: Section 15(1) of the Hindu Succession Act, 1956 does not include a divorced husband. Option (3) is incorrect: Section 15(1) of the Hindu Succession Act, 1956 includes husband of a subsisting marriage only. Option (4) is incorrect: Only option (1) is correct.

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