Divine Institute for Judicial services

Mock Test - 1
Civil Law-II

Maximum Marks - 200
Time - 3 Hrs

  • H, a male Hindu dies intestate in the year 1995, leaving him surviving his brother B, his father F, his mother M, his widow W, his married daughter D his predeceased son's daughter SD, his son S1, who had adopted Islam after marrying a Muslim girl against the wishes of H, his another son S2, who never cared for H in his lifetime and his son's widow SW who had married to a Christian in 1990 without the consent of H. Who will succeed and to what share in the property of the deceased H, under the Hindu Succession Act, 1956?     [10 marks]
  • Hanooman Prasad Pandey v. Mussamad Babooee Munraj Koowar (1856) is still relevant. Comment      [10 marks]
  • Discuss in detail the guidelines issued by the Supreme Court for the protection of runaway couples.      [10 marks]
  • Apostacy does not automatically dissolve a marriage already solemnized under the Hindu Marriage Act, 1955. Discuss with relevant case law.      [10 marks]
  • In certain castes in Punjab, 'Anandkaraj' is a customary ceremony for a valid marriage. Kehar Singh married to Anand Kaur by simply garlanding each other and not performed 'Anandaraj'. What are the consequences for such marriage and position of legitimacy of children of this marriage?      [10 marks]
  • On what ground separation is granted under the Hindu Marriage Act, 1955, be revoked by the court? Does the resumption of cohabitation without intimation of the court automatically rescind such decree?.      [10 marks]
  • 'W' a woman, gets married to H after 40 days of dissolution of her previous marriage to B. B files appeal and decree of divorce is reversed by the Appellate Court. Decide the validity of W's marriage with H      [10 marks]
  • M a Hindu mother, sells a 10 Marla plot of her son aged 16 years, for donation to a medical college, for getting him admitted to MBBS course. Is the sale valid?      [ 10 marks]
  • A son is adopted by a widow after several years of the death of her husband. Would be the son of the widow alone or as well as of her husband?      [ 10 marks]
  • (a) When does oral talaq become effective? (b) How is written talaq effective ?      [ 10 marks]
  • Write a note on 'Option of Puberty'. Whether repudiation of marriage on attaining age of puberty should be confirmed by a Civil Court?      [ 10 marks]
  • Write short but critical note on impediments to inheritance.      [ 10 marks]
  • "Life estate is unknown to Muslim Law as administered in India, but life interest can be created". Discuss.      [ 15 marks]
  • What is Wakf Al Aulad? Can a Muslim make a Wakf for the maintenance of Shia temple?      [ 10 marks]
  • (i) Develop the principles, "when time once begin to run no subsequent inability to sue stops it." What are the exceptions to this principles.      [ 10 marks]
    (ii) A owes ₹100 to B. A makes a payment of ₹20 before the period of limitation expires. An acknowledgement of the payment appears in writing signed by A after the said period has expired. Can B bring a suit for the recovery of the balance?     [ 10 marks]
    (iii) What are legal disabilities? How do they affect the question of Limitation prescribed for the institution of suit?     [ 05 marks]
  • (i) Answer the following: (a) Does a family arrangement, the term of which are reduced in writing require compulsory registration and whether a memorandum prepared after family arrangement which had already been made for the purpose of record also require compulsory registration?      [10 marks]
    (b) Does a deed purporting to be a gift of return of worship as a shebait-cum-pujari in a Hindu temple require compulsory registration?      [10 marks]
    (ii) Discuss the duties and powers of Registrar under the Registration Act. What is the procedure for admitting the documents to Registration.      [10 marks]