Family Law Test - 2

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.

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.
 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.