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Family Law Test - 1

Description: Family Law Test-1
Number of Questions: 20
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Tags: Family Law Test-1 Family Law
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As regards the payment, the dower can be

  1. prompt

  2. deferred

  3. Both (1) and (2)

  4. None of these

Show answer
Correct Option: C
Explanation:

Option (1) is incorrect: Dower can be prompt or deferred. Option (2) is incorrect: Dower can be prompt or deferred. Option (3) is correct: Dower can be prompt or deferred. Option (4) is incorrect: Dower can be prompt or deferred.

Presumption that the younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a

  1. presumption of fact

  2. presumption of fact and law

  3. rebuttable presumption of law

  4. irrebuttable presumption law

Show answer
Correct Option: C
Explanation:

Option (1) is incorrect: It is not a presumption of fact.

Option (2) is incorrect: It is only a rebuttable presumption of law.

Option (3) is correct: The court shall presume, until the contrary is proved, that the younger survived the elder. Option (4) is incorrect: It is rebuttable presumption of law.

Under Hindu Law, a mother sells her minor son’s immovable property in the absence of her son’s father. The minor son on attaining majority can challenge this transaction

  1. on the ground of not taking permission from the court

  2. as the transaction was not done by his father

  3. as no such transaction can be done for minor son

  4. but he will be unsuccessful because the transaction is valid

Show answer
Correct Option: A
Explanation:

The minor son on attaining majority can challenge the sale on the ground of not taking permission from the court.

 

Which one of the following sections of the Hindu Marriage Act, 1955 deals with "Restitution of Conjugal Rights"?

  1. Section 5

  2. Section 9

  3. Section 10

  4. Section 11

Show answer
Correct Option: B
Explanation:

Option (1) is incorrect: Section 5 of Hindu Marriage Act, 1955 deals with conditions for a Hindu marriage.

Option (2) is correct: Section 9 of Hindu Marriage Act, 1955 deals with 'Restitution of Conjugal Rights'.

Option (3) is incorrect: Section 10 of Hindu Marriage Act, 1955 deals with “Judicial Separation”. Option (4) is incorrect: Section 11 of Hindu Marriage Act, 1955 deals with void marriages.

 

Under pious obligation, a son is obliged to pay a debt contracted by his father

  1. before partition

  2. after partition

  3. either before or after partition

  4. for immoral purpose before partition

  5. All of the above

Show answer
Correct Option: C
Explanation:

Under Section 7 of Hindu Succession Act, 1956, under pious obligation, a son is obliged to pay a debt contracted by his father.  

Under which Section of the Hindu Marriage Act, 1955 may husband and wife file a petition of divorce by mutual consent?

  1. Section 13A

  2. Section 13B

  3. Section 14

  4. Section 9

Show answer
Correct Option: B
Explanation:

Option (1) is incorrect: Section 13A of Hindu Marriage Act, 1955 deals with alternative relief in divorce proceedings.

Option (2) is correct: Under Section 13B of Hindu Marriage Act, 1955 a husband and wife may file a petition of divorce by mutual consent.

Option (3) is incorrect: Section 14 of Hindu Marriage Act, 1955 deals with 'no petition for divorce to be presented within one year of marriage'. Option (4) is incorrect: Section 9 of Hindu Marriage Act, 1955 deals with 'Restitution of conjugal rights'.

A Hindu woman, aged twenty, adopts a Hindu boy who is twenty-years-old. The adoption is

  1. void

  2. voidable at the instance of the boy

  3. immoral and enforceable

  4. valid, if taken with leave of the court

Show answer
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: The adoption is not voidable at the instance of boy.

Option (3) is incorrect: The adoption is immoral and not enforceable. Option (4) is incorrect: Completely void.

'Heir' has been defined under

  1. Section 3(4) of the Hindu Succession Act

  2. Section 3(e) of the Hindu Succession Act

  3. Section 3(f) of the Hindu Succession Act

  4. Section 3(g) of the Hindu Succession Act

Show answer
Correct Option: C
Explanation:

Option (1) is incorrect: Under Section 3(4) of the Hindu Succession Act, the expressions 'custom' and 'usage' signify any rule, which having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family.

Option (2) is incorrect: Section 3(e) of the Hindu Succession Act defines 'full blood', 'half blood' and 'uterine blood'.

Option (3) is correct: Section 3(f) defines 'heir' which means any person, male or female, who is entitled to succeed to the property of an intestate under this Act. Option (4) is incorrect: Section 3(g) of the Hindu Succession Act defines 'intestate' - a person is deemed to die intestate in respect of property of which he or she has not made a testamentary.

 

A Hindu female W dies and is survived by her husband H, one son S and two unmarried daughters D1 and D2. How will the property of W be divided?

  1. Into four equal parts

  2. Half to husband and remaining half to son and daughters

  3. Half to son and remaining half to husband and daughters

  4. One-third to husband, one-third to son and remaining one-third to daughters

Show answer
Correct Option: A
Explanation:

Option (1) is correct: Under the Hindu Succession Act, the property of W will be divided into four equal parts. Option (2) is incorrect: All the heirs, under the Hindu Succession Act, would get equal share in succession. Option (3) is incorrect: All the heirs, under the Hindu Succession Act, would get equal share in succession. Option (4) is incorrect: All the heirs, under the Hindu Succession Act, would get equal share in succession.

If a Hindu couple having the decree of judicial separation wants to live together,

  1. they can live together

  2. they cannot live together

  3. they can live together after remarriage

  4. they can live together only with the permission of the court

Show answer
Correct Option: D
Explanation:

Option (1) is incorrect: They can live together only with the permission of the court.

Option (2) is incorrect: They can live together with the permission of the court.

Option (3) is incorrect: No need to remarry, they can live together with the permission of the court. Option (4) is correct: Under Section 10(2) of Hindu Marriage Act, 1955, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree of judicial separation.

Under Hindu Adoptions and Maintenance Act, a person cannot be adopted if he is

  1. a Hindu

  2. unmarried

  3. above fifteen years of age

  4. not already adopted

Show answer
Correct Option: A
Explanation:

Option (1) is correct: Under Section 10 of Hindu Adoptions and Maintenance Act, a person can be adopted if he is a Hindu.

Option (2) is incorrect: Under Section 10 of Hindu Adoptions and Maintenance Act, a person can be adopted if he is unmarried.

Option (3) is incorrect: Under Section 10 of Hindu Adoptions and Maintenance Act, a person cannot be adopted if he is above fifteen years of age. Option (4) is incorrect: Under Section 10 of Hindu Adoptions and Maintenance Act, a person can be adopted if he is not already adopted.

 

Hindu Marriage Act, 1955 does not apply to

  1. Jains

  2. Buddhists

  3. Sikhs

  4. Persons belonging to Scheduled Tribe

Show answer
Correct Option: D
Explanation:

Option (1) is incorrect: Hindu Marriage Act, 1955 applies to Jains.

Option (2) is incorrect: Hindu Marriage Act, 1955 applies to Buddhists.

Option (2) is incorrect: Hindu Marriage Act, 1955 applies to Sikhs. Option (2) is correct: Under Section 2(2) of Hindu Marriage Act, 1955, provisions of the act shall not apply to the members of any Scheduled Tribe.

Hindu law does not apply to a person who is a Hindu by

  1. birth

  2. conversion

  3. reconversion

  4. None of these

Show answer
Correct Option: D
Explanation:

Option (1) is incorrect: Hindu law applies to person who is Hindu by birth.

Option (2) is incorrect: Hindu law applies to person who is Hindu by conversion.

Option (3) is incorrect: Hindu law applies to person who is Hindu by reconversion. Option (4) is correct: Hindu law applies to a person who is Hindu by birth, conversion and reconversion.

Which of the following is not a ground for dissolution of a Muslim marriage under the Dissolution of Muslim Marriage Act, 1939?

  1. Whereabouts of the husband is not known for four years

  2. Option of puberty

  3. Non-maintenance of wife by the husband for two years

  4. Non-payment of mahr

Show answer
Correct Option: D
Explanation:

Option (1) is incorrect: It is a valid ground for dissolution of a Muslim marriage under the Dissolution of Muslim Marriage Act, 1939.

Option (2) is incorrect: It is a valid ground for dissolution of a Muslim marriage under the Dissolution of Muslim Marriage Act, 1939.

Option (3) is incorrect: It is a valid ground for dissolution of a Muslim marriage under the Dissolution of Muslim Marriage Act, 1939. Option (4) is correct: It is not a ground for dissolution of a Muslim marriage under the Dissolution of Muslim Marriage Act, 1939.

Degrees of prohibited relationship include relationship by

  1. full blood

  2. half or uterine blood

  3. adoption

  4. All of the above

Show answer
Correct Option: D
Explanation:

Option (4) is correct: Under Section 5 of the Hindu Marriage Act, 1955, degrees of prohibited relationship include relationship by full blood, half or uterine blood and adoption.

Under the Hindu Law, premarital relation of a spouse is a statutory ground for

  1. judicial separation

  2. divorce

  3. nullity of marriage

  4. None of these

Show answer
Correct Option: D
Explanation:

Option (1) is incorrect: Premarital relation of a spouse is not a ground for judicial separation under the Hindu Law.

Option (2) is incorrect: Premarital relation of a spouse is not a ground for divorce under the Hindu Law.

Option (3) is incorrect: Premarital relation of a spouse is not a ground for nullity of marriage under the Hindu Law. Option (4) is correct: Premarital relation of a spouse is not a ground for judicial separation, divorce and nullity of marriage under the Hindu Law.

Insanity is a valid ground for

  1. getting a marriage annulled as voidable

  2. judicial separation

  3. divorce

  4. All of the above

Show answer
Correct Option: D
Explanation:

Option (1) is incorrect: Insanity is a valid ground for getting a marriage annulled.

Option (2) is incorrect: Insanity is a valid ground for judicial separation.

Option (3) is incorrect: Insanity is a valid ground for divorce. Option (4) is correct: Insanity is a valid ground for getting a marriage annulled, judicial separation and divorce under Sections 12, 10 and 13, respectively.

Hindu male of 28 years of age adopts a female child of 13 years of age. The adoption is

  1. valid

  2. voidable

  3. illegal

  4. void

Show answer
Correct Option: D
Explanation:

Option (1) is incorrect: It is not a valid adoption.

Option (2) is incorrect: It is not voidable being void ab initio.

Option (3) is incorrect: The adoption is void being against the provisions of law. Option (4) is correct: For a valid adoption, if the adoption is by a male and the person to be adopted is a female, the adoptive father should be at least 21 years older than the person to be adopted.

Mother's right to have the custody of a minor child is known as

  1. Hizanat

  2. Hazina

  3. Khula

  4. Ahula

Show answer
Correct Option: A
Explanation:

Option (1) is correct: Mother's right to have the custody of minor child is known as hizanat.

Option (2) is incorrect: Hazina is a female who is entitled to the custody of a minor child.

Option (3) is incorrect: Khula is the right of a woman to seek a divorce from her husband in Islam for compensation paid back to the husband from the wife. Option (4) is incorrect: Ahula is not a term of any kind under Muslim Law.

The renunciation of Islam by a married Muslim women or her conversion to a faith other than Islam

  1. shall not by itself dissolve the marriage

  2. shall by itself dissolve the marriage

  3. may by itself dissolve the marriage

  4. None of these

Show answer
Correct Option: A
Explanation:

Option (1) is correct: Under Section 4 of Dissolution of Muslim Marriage Act 1939, the renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage.

Option (2) is incorrect: Shall not by itself operate to dissolve her marriage.

Option (3) is incorrect: Shall not by itself operate to dissolve her marriage. Option (4) is incorrect: Option (1) is correct.
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