Civil Law II

Haryana Civil Service (Judicial)
Examination 2006
Civil Law Paper – II
Time  :  3  Hours                                                                                                                                                                                                                                 Maximum Marks  200
Note :  All eight questions are to be attempted.  All questions carry equal marks.  Answers should be precise and to the point.
Q.  1.(a)  Critically examine the concept of irretrievable breakdown of marriage.  Can the courts invoke this concept for granting divorce under the provisions of the Hindu Marriage Act, 1955  ?
(b)  Although cruelty is clearly a ground for divorce under Section 13 of the Hindu Marriage Act, 1955, and yet the legislature in its wisdom has not defined it in the Act.  In the application of this statutory ground,  however, the apex court has developed a functional concept of cruelty.  Bring out the salient features of that concept in the light of case law.
Q.  2.(a)  A marriage of a Hindu girl, aged 11 years, was soleminized with a Hindu boy of 25 years of age.  She sought to repudiate the marriage after attaining the age of 13 years through her brother (although her father being alive).  Decide if she could succeed in repudiating the marriage under the relevant provisions of the Act of 1955.
(b)  Critically examine the concept of matrimonial bars and bring out their relevance in deciding the matrimonial disputes.
Q.  3.(a)  Discuss customary appointment of an heir.  Is it different from adoption under Hindu Law  ?
(b)  What is the doctrine of Acknowledgment of Legitimacy under Muslim Law  ?  How is it different from "Legitimation"  ?
(c)  Marriage amongst Muslims is a contract, but it is also a 'sacred covenant' – Fyzee.  Comment.
(d)  Applicability of Section 125 of Cr. P.C. to Muslim after the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986.
(c)  A mother gives her only son in adoption though father of the boy is alive at the time of adoption.  Discuss if the adoption is valid under any circumstances in the light of the relevant provisions of the Hindu Adoptions and Maintenance Act, 1956.
Q.  4.(a)  The consideration governing the custody of children is the 'welfare of the children' and not the rights of the parents.  But the expression 'welfare of the children' admits 'no straightjacket yardstick'.  How do the custody courts resolve this predicament  ?  IIIustrate your answer through some judicially decided cases.
(b)  A young woman after the death of her husband was forced to leave her four-year old child with her in-laws at Ambala.  Thereafter she started living with her parents at Hoshiarpur.  She filed a petition for custody of the child at hoshiarpur.  Decide if the civil court at Hoshiarpur has terriatorial jurisdiction to decide the case under the relevant provisions of the Guardian and Wards Act, 1890, read with the relevant provisions of Hindu Minority and Guardianship Act of 1956.
Q.  5.(a)  Comment upon the statement : 'He who alleges custom must plead and prove.'  Also bring out the relevance of custom with legislation becoming the major source of law.
(b)  Critically examine the doctrine of Antecedent Debt under Hindu law.  Is this doctrine affected in any way by the Hindu Succession (Amendment) Act, 2005?
Q.  6.  What is the concept of Mitakashara Coparcenary  ?  Critically examine if the surviving coparcerner obtains the share of the deceased coparcner as his legal representative.
(b)  How, in what manner, and to what extent the concept of Mitakashara Coparcernary has been affected/modified by the Hindu Succession (Amendment) Act, 2005  ?
Q.  7.(a)  What is 'bequeathable property'?  How is it different from 'heritable property'?
(b)  A Mislim, who died leaving behind his widow, made a will of his entire property in favour of his friend 'F'.  What is the maximum share to which 'F' is entitled to under Muslim law  ?
(b)  A Mislim, who died leaving behind his widow, made a will of his entire property in favour of his friend 'F'.  What is the maximum share to which 'F' is entitled to under Muslim law  ?
(c)  A Muslim made a will of his properties in favour of his two friends 'Y' and 'Z', by stipulating that the former would get 1/2 and the latter 1/4 of his property.  His heirs did not approve of the will.  determine the respective shares to which each would be entitled under the Sunni law and Shia law.
(d)  A maternal grand father made a gift in favour of his newly born grand child.  The mother of the child accepted the gift on behalf of the minor.  is this gift valid under Muslim law  ?
(e)  A Muslim died leaving behind 5 grand children, three children G1 , G2, G3 of his predeceased son Fazal, and two children G4 and G5 of his predeceased son Abdul.  What is the quantum of share of each under the Sunni law and Shia law  ?
Q.  8.(a)  Comment upon the following statements  :
(i)  Law of limitation simply bars judicial remedy; it neither offects extra judicial remedies nor the substantive right itself.
(ii)  Statute of Limitation is "a statute of repose, peace and justice."
8.(b)  'L', a landlord succeeded in getting an eviction decree against his tenant T, it which was confirmed by granting time till 31.12.2002 to vacate the premises.  On 1/1/2003, a fresh lease deed was executed for a period of one year with effect from 1/1/2003.  Thereafter, on 1/3/2003 'T' came up with an application raising the pleas that eviction decree had become non-executable in view of the fresh lease deed, dated 1/1/2003.  Decide if the said application would amount to adjustment or satisfaction of the eviction decree in view of the relevant provisions of the Limitation Act 1963.