Hindu Law

---Hindu Marriage

UPHJS2018-I Edit

65. Rule Relating to Sapinda relationship are bases on the principle of:
(a) Polygamy
(b) Endogamy
(c) Exogamy
(d) Polyandry

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UPHJS2016 Edit

4. Whether Saptapadi is obligatory under section 7 of the Hindu Marriage Act?
(a) Yes
(b) No
(c) Depends
(d) None of the above

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UPHJS2012 Edit

44. The leading case of Hindu husband’s entering second marriage on conversion to islam is-
(A) Mohini Jam’s case, 1992(3) SCC 666
(B) Daniel Latifi’s case, 2001(7) SCC 740
(C) Saila Mudgal’s case, 1995(3) SCC 635
(D) Shah Bano’s case, 1985(2) SCC 556.

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UPHJS2009 Edit

19. The marriage may be solemnized between two Hindus if-
(A) bridegroom completes the age of 21 and bride completes 18 years
(B) bridegroom completes the age of 18 and bride completes 21 years
(C) bridegroom completes the age of 21 and bride completes 21 years
(D) bridegroom completes the age of 18 and bride completes 18 years

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UPHJS2009 Edit

20. Hindu Marriage Act, 1955-
(A) Does not prescribe the ceremonies requisite for solemnization 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
(B) Does not prescribe the ceremonies requisite nor leaves it to the parties to choose
(C) Does prescribe the ceremonies and does not leave it to the parties to choose
(D) Does prescribe the ceremonies and at the same time leaves it to the parties to choose

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UPHJS2009 Edit

21. Section 16 of the Hindu Marriage Act, 1955 confers legitimacy on the children of-
(A) a void marriage
(B) a voidable marriage
(C) a valid marriage
(D) both void and voidable marriages

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------HINDU MARRIAGES Ss 5-8

UPHJS2018-III Edit

35. Whether Saptapadi is obligatory under Section 7 of the Hindu Marriage Act?:
A. Yes
B. No
C. Depends
D. None of the above

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UPHJS2018-I Edit

67. Non-registration of marriage under the Hindu Marriage Act, 1955:
(a) invalidates the marriage and calls for imposition of penalty
(b) does not invalidate the marriage but calls for imposition of penalty
(c) neither invalidates the marriage nor calls for imposition of penalty
(d) makes the marriage voidable

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UPHJS2012 Edit

21. The Supreme Court through which of the following judicial pronouncements has made all marriages compulsorily registrable?
(A) Zahira Sheikh Vs. State of Gujarat (2004) 4 SCC 158
(B) Vishaka Vs. State of Rajasthan (1997) 6 SCC 241
(C) Mohammad Ahmad Khan Vs. Shah Bano Begum (1985) 2 SCC 556
(D) Smt. Seema Vs. Ashwani Kumar (2006) 2 SCC 578

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UPHJS2009 Edit


6. (a) State Government makes registration of all marriages solemnized under the Hindu Marriages Act, 1955 compulsory. Non-registration under the rules renders the marriage void and off-spring illegitimate. ‘M’ and ‘N’ have married according to Hindu Marriages Act but the marriage is not registered under these rules. A son ‘X’ is born to ‘M’ and ‘N’. Decide the validity of marriage and legitimacy of ‘X’. 10


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------RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION S. 9 -10

UPHJS2018-III Edit

26. 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 the above

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UPHJS2009SPL Edit


6. (b) ‘A’, a Hindu working as clerk in a Bank in Delhi marries ‘B’, a school teacher at Meerut in U.P. After marriage ‘A’ want ‘B’ to leave her job and join him at Delhi but she declines to leave her job stating that she has no objection to join him at Delhi during her holidays and he is also welcome to come over to her at Meerut at any time.' *A’ does not agree to this stand and insists that after marriage ‘B’, being his wife, has to obey his orders. ‘A’ files a petition for restitution of conjugal rights against ‘B’. Would ‘A’ succeed ? Discuss with reference to case law. 10


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------NULLITY OF MARRIAGE AND DIVORCE

UPHJS2018-III Edit

30. In order to present the petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, the parties must be living separately for a period of:
A. Two years
B. One year
C. Three years
D. No limit


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UPHJS2018-II Edit

10. Under section 11 of the Hindu Marriage Act, 1955, the marriage may be declared null and void if:

(a) the parties are "within the degrees of prohibited relationship

(b) at the time of the marriage, one of the parties was incapable of giving a valid consent to it in consequence of unsoundness of mind

(c) at the time of the marriage, one of the parties was subject to recurrent attacks of insanity

(d) in all the above circumstances

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UPHJS2018-I Edit

66. A defence of nullity of marriage in case of voidable marriage, annuls the marriage from the :
(a) date of the decree
(b) date of the petition
(c) date of the marriage
(d) date as directed by the Court

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UPHJS2016 Edit

85. In order to present the petition for divorce by mutual consent under section 13B of the Hindu Marriage Act the parties must be living separately for a period of
(a) two years (b) one year
(c) three years (d) not limit

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UPHJS2014 Edit

51. Section 12 (1) (a) of the Hindu Marriage Act is related to
(A) Impotency
(B) Mental disorder
(C) Fraud
(D) None of the above

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UPHJS2014 Edit

52. Suppressio veri by a woman who was pregnant at the time of marriage is a ground for annulling the marriage as.
(A) Voidable
(B) Void
(C) Irregular
(D) Neither (A) nor (B)

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UPHJS2014 Edit

53. If, during the period of judicial sepration, 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

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------JURISDICTION AND PROCEDURE

UPHJS2018-III Edit

25. The proceedings under the Hindu Marriage Act, 1955 shall be conducted in:
A. Open court
B. Camera
C. As per choice of the Presiding Officer
D. None of the above

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UPHJS2018-III Edit

53. The prescribed period of limitation for preferring an appeal under Section 28 of the Hindu Marriage Act is:
A. Thirty days
B. Sixty days
C. Ninety days
D. One hundred & twenty days

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UPHJS2018-II Edit

77. The prescribed period of limitation for preferring an appeal under section 28 of the Hindu Marriage Act is :
(a) thirty days (b) sixty days
(c) ninety days (d) one hundred & twenty days

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------SAVING AND REPEALS

---Hindu Succession Act

Edit

Coparcenary and Joint Hindu Family

More...
  • A joint Hindu family is a larger body than a Hindu coparcenary.
  • A joint Hindu family consists of all persons lineally descended from a common ancestor and include their wives and unmarried daughters.
  • A joint Hindu family is one in worship and holds joint assets. After separation of assets, the family ceases to be joint.
  • Mere severance in food and worship is not treated as a separation

Hindu coparcenary is a much narrower body. It consists of propositus and three lineal descendants. Before 2005, it included only those persons like sons, grandsons, and great­grandsons who are the holders of joint property.

For example, in case A is holding the property, B is his son, C is his grandson, D is great­grandson, and E is a great­great­grandson. The coparcenary will be formed up to D, i.e., great­grandsons, and only on the death of A, holder of the property, the right of E would ripen in coparcenary as coparcenary is confined to three lineal descendants. Since grandsons and great­grandsons become coparceners by birth, they acquired an interest in the property.

By substituted section 6 with effect from 9.9.2005 daughters are recognised as coparceners in their rights, by birth in the family like a son. Coparcenary is the creation of law. Only a coparcener has a right to demand partition. Test is if a person can demand a partition, he is a coparcener not otherwise. Great great­grandson cannot demand a partition as he is not a coparcener. In a case out of three male descendants, one or other has died, the last holder, even a fifth descendant, can claim partition. In case they are alive, he is excluded.

The essential feature is aggregate ownership, i.e., ‘Samudavika Swatwa’ in coparcenary and the share keeps on fluctuating

It is only on actual partition a coparcener becomes entitled to a definite share. The interest of a coparcener is called "undivided coparcenary interest

UPHJS2016 Edit

51. A joint Hindu family consists of:
(a) all persons lineally descended from a common ancestor and their unmarried daughters.
(b) all persons lineally descended from a common ancestor.
(c) all persons lineally descended from a common ancestor including their wives but excluding their unmarried daughter.
(d) all persons lineally descended from a common ancestor including their wives and unmarried daughters.

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UPHJS2016 Edit


3(A). What is the distinction between Mitakshara Coparcenary and Joint Family-in Hindu Law? 10

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UPHJS2016 Edit


3(B). Narayani married to Dindayal in 1955. Both were Hindus. Her husband die within three months of marriage. After the death of husband, she was thrown out of her matrimonial house by her in-laws and she came to her parental house where she died after coming to force of Hindu Succession Act, 1956. She had extensive self acquired properties. Who will be her heir either from the father’s heir or from the husband’s heir and under what provision ? 15


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UPHJS2014 Edit


8. Explain the status of succession to property of an illegitimate child with reference to Section 16 of the Hindu Succession Act. 10

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UPHJS2014 Edit


11. Before marriage, a Hindu male H. adopted a son S2. This Hindu male H, is already having one illegitimate son S1 before such adoption. A Hindu female F, who had her illegitimate daughter D1, adopted one daughter D2, and one son S3 before her marriage. This Hindu male H, married with Hindu female F, and after their marriage, had children, born from such marriage as son S4 and daughter D-3.
(i) Are the adoptions of S2, D2 and S3 valid? 8
(ii) If H dies intestate leaving behind his wife F and all the children as mentioned in the problem, who will succeed his property? 6
(iii) If F dies intestate leaving behind her husband H and all the children as mentioned in the problem, who will succeed her property? 6


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UPHJS2012 Edit


6. (a) What are the changes brought in the Hindu Succession Act by Act 39 of 2005 with regard to females ? Refer to relevant provisions. 10

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UPHJS2012 Edit


6. (b) ‘P’ a Hindu female thes leaving ‘R’ her husband, ‘T’ a full brother and ‘S’ a deceased brother’s son. ‘P’ left considerable property which she had inherited from her deceased mother. On whom will the property devolve ? Refer to the relevant provisions. 10


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UPHJS2009 Edit


6. (b) A joint Hindu family consists of father and his lone son. The son thes having his young widow ‘W’ Father thes and thereafter mother also thes. The mother left four daughters. A dispute arose between young widow ‘W’ and the four daughters with regard to succession of the property left by the joint family. Determine the share of the respective parties referring to relevant provisions and case-laws. 10


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UPHJS2007 Edit


8. A Hindu male contracts a second marriage during the subsistence of first valid marriage. Two daughters are born from a second marriage. A thes leaving behind him two widows W1 and W2. One son S from the first wife and two daughters D1 and D2 from the second wife. In what proportion these persons will succeed to the estate left by the deceased A? 15

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UPHJS2009SPL Edit


6. (a) ‘A’ and ‘B’ are real brothers belonging to Hindu religion. They have an ancestral house. ‘B’ thes in 1970 leaving a Will stating that on his death his share in the house will devolve on his wife who will have a life estate and on her death it will devolve on his brother ‘A’. In 1972 the widow of ‘B’ executed a sale deed in favour of ‘C’ in respect of her half share and put him in possession over the same. Subsequently she died and ‘A’ filed a suit for possession against ‘C\ Whether the suit can be decreed ? Will it make any difference if ‘B’ had died intestate ? Give reasons. 10

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---Hindu Minority and Guardian Ship Act

UPHJS2014 Edit

55. Who becomes the guardian of illegitimate children on the mother’s death.
(A) Uncle
(B) Grandfather
(C) Father
(D) None of the above

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---Hindu Adoption and Maintenance Act

UPHJS2018-II Edit

98. Whether a valid adoption under the Hindu Adoption and Maintenance Act, 1956, can be cancelled by the adoptive father or mother or any other person?
(a) Yes (b) No
(c) Only by adoptive mother (d) None of the above

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UPHJS2018-II Edit

11. A Hindu wife is entitled to claim maintenance after the death of her husband from her father-in-law under:

(a) Section 25 of the Hindu Marriage Act, 1955
(b) Section 24 of the Hindu Marriage Act, 1955
(c) Section 19 of the Hindu Adoptions and Maintenance Act, 1956
(d) Section 10 of the Hindu Succession Act, 1956

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UPHJS2012 Edit

32. In case of adoption of a son by a Hindu male, the son must be-
(A) less than twenty one years of age
(B) less than eighteen years of age
(C) less than fifteen years of age
(D) less than nine years of age.

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UPHJS2012 Edit

33. Adoption is not recognized under the-
(A) Muhammadan law
(B) Parsi law
(C) Both (A) and (B)
(D) Neither (A) nor (B).

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