1989-2000 HINDU LAW

1989-2000 HINDU LAW



Q. At the time of marriage between two Hindus, which took place on January 11, 1986 the husband 'H' and the wife 'W' were gainfully employed in Delhi. After the marriage certain misunderstanding appeared to have broken out between them, whereupon 'H' got himself transferred to Jaipur and 'W' remained in Delhi. 1989 'H' files a petition against 'W' for restitution of conjugal rights. The defense of 'W' is

(j) that 'H' himself got transferred and even now he can come back to Delhi and

(k) that in view of the ill treatment on her by 'H' and his bad habits she does not want to leave her job.

Discuss whether the restitution be granted. (D.J.S. 1989)


Q. M, the wife of G (both Hindus) in a petition for divorce alleged that she had been receiving insulting treatment from her parents-in-law which amounted to legal cruelty. The court found that as a matter of fact the allegation was true but G was no in any way involved in it. Will M succeed? (D.J.S 1989)


Q. Hindu Marriage is a sacrament, not a contract. Discuss and examine whether the concept is effective after the enactment of the Hindu Marriage Act. 1955. (D.J.S. 1990)


Q. Are the following marriages valid under Hindu Marriage act, 1955 and what remedies are open to the Wife?

(i) The husband had wife, at the time of marriage the first marriage having been performed in England before 1955.

(ii) The age of the bride at the time of marriage was below 15 years. (D.J.S.1990)


Q. (a) What are the grounds on which a Hindu can seek divorce under the Hindu Marriage Act, 1955?

(b) In there any provision for divorce by mutual consent in the Hindu Marriage Act, 1955? Discuss.

(c) A married B on 15.12.78. B alleged that her husband A treated her with cruelty and she filed a petition for divorce on the ground of cruelty under section 12(1) (i-a) of Hindu Marriage Act, 1955 in the Court of District Judge on 31.03.1979. Can B succeed in the Court? Discuss.

(d) A and B were married in Delhi in 1954, At that time, A (wife) was 16 and her husband B was 30 years of age. Parties lived in Delhi for 10 years and then they moved to various other places where the husband had been transferred.

The allegation of the wife is that the husband was found be impotent from the very beginning and that he had no "erection" and sometimes, he would "discharge" before he could perform the Act. One the advice of the wife, the husband started getting treatment and thereafter on one or two occasions, there was "erection" and "penetration". A child was born to A. But thereafter, the husband could not perform the sexual act. Thus the earlier improvement in the husband was only a temporary phase.

On the above allegations, A applied for a decree of Judicial Separation.

Husband denied all allegations and stated that he had full and complete sexual life. The birth of child was also quoted as an evidence of the husband's potency. How would you decide? Give reasons. (D.J.S. 1991)


Q. How does and adoption effect the rights and Status of adoptive child vis-à-vis his family of birth and family of adoptive parents? (D.J.S. 1996)


Q. A was adopted by H and W (Both Hindus), a Husband and Wife. An adoption deed was executed and duly registered wherein both H and W conferred rights of ownership on A in all their properties (including the stridhan of W). They also agreed that none of them will make any alienation of the properties mentioned in the adopted deed. Later on H dies. After sometime, the relation of A, W become strained. W sold a part of property out of her stridhan, which was a possession of A to P. P then filed a suit for possession against 'A' who contested the suit on the ground that in the face of the adoption deed. W has no right to alienate the property as at the time of adoption deed W had agreed not to alienate the property and it was some mentioned in the adoption deed. Discuss whether P can succeed and whether the restriction suffered by W is valid. (D.J.S. 1996)


Q. What are the legal provisions regarding restitution of Conjugal rights and judicial separation under Hindu Marriage Act? Discuss in the light of case law? (D.J.S. 1996)


Q. Mahesh and Meera (Both Hindus) are husband and wife and are living very decently. Mahesh in connection with his business has generally to go out of towns on tours and sometimes even for a week or more. Once on his return from tour, he found a letter addressed to Meera, his wife. He opened the letter and found that his friend, Naresh had written the letter to thank Meera for her stay with him for two days in local when husband was away. Mahesh then showed the photocopy of letter to Meera, who denied having any intimacy with Naresh. However, she left the matrimonial home under unbearable pressure from Mahesh and started living with her parents. Mahesh then applied for divorce. Will he succeed? What defence is available to Meera? Discuss. (D.J.S. 1996)


Q. The parents of a 16 years old Hindu Girl solemnized her marriage in contravention of provision of Section 5(iii) of Hindu Marriage Act. This offence is punishable under Section 18 of said Act. On a complaint by one of the relatives the parents of girl are convicted under Section 18 of Hindu Marriage Act and sentenced to undergo imprisonment of 15 days each. The husband of the girl challenges the marriage on the ground that it was in contravention of provision of Hindu Marriage Act. Decide. (D.J.S. 1999)


Q. A Hindu male 'M' died in 1974 leaving behind a widow, two sons and a married daughter. He owned only one dwelling house in which he was living with his family. He did not make any Will. After his death his married daughter filed a suit for partition of house to claim her share therein. The other LRs of deceased contested the case on various grounds and denied that she inherited any share in the house or she was entitled to decree of partition. Decide. (D.J.S. 1999)


Q. Can a partition between Hindu coparceners effected regarding immovable property without executing a registered document? (D.J.S. 1999)


Q. In a partition for divorce wife files an application under Section 27 of Hindu Marriage Act claiming some jewellery which has presented to her at the time of reception after about a week of her marriage. Can the court pass order under Section 27 of the Act (D.J.S. 1999). (D.J.S. 1999)


Q. Discuss the conditions for valid Hindu Marriage, under Hindu Marriage Act, 1955. (D.J.S. 2000)


Q. What is the scope of Section 27 of the Hindu Marriage Act, 1955 for disposal of property of Hindu spouse? Discuss. (D.J.S. 2000)


Q. Section 14 of the Hindu Succession Act provides –

"(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof, and not as a limited owner."

Explanation – In this sub-section "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as 'Stridhana' immediately before the commencement of this Act.

"(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift under a Will or any other instrument or under a decree or order of a Civil court or under an award, where the terms of the gift, Will or other instrument or the decree, order, or award prescribe a restricted estate in such property."

Evaluate and illustrate the law on widow's right to her husband's estate, in light of above stated statutory provisions. (D.J.S. 2000)


Q. A a Hindu sells coparcenary property in the life time of his son B without B's consent and without justified necessity. B dies 2 after the sale. Six months after the death of B another son C is born to A's wife from A. Discuss the right of C who want to challenge the sale made by his father A. (D.J.S. 2000)


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