Civil Law II

Haryana Civil Service (Judicial)
Examination – 1998
Civil Law Paper – II
Time – 3 Hours                                                                                                                                                                                                     Max Marks . 200
Note : Answer any five questions.  Three must be from Part A, one from Part B and one from Part C
PART-A
Q.  1  Explain whether a decree of divorce can be granted in the following cases  :-
(a)  After one year of marriage the husband of wife 'W' has become impotent.
(b)  Against a Husband 'H' a decree of judicial separation was passed on 5.2.97 on the ground of adultery.  Now he applies for a decree of divorce.
(c)  On 19-8-97 an order of payment of maintenance was passed against she husband 'H' under section 125 of the Criminal Procedure Code, 1973.  Since then he is paying the maintenance amount regularly to the wife.  The wife now applies for a decree of divorce.
(d)  The marriage of 'W' was solemnized when she was only 14 years old.  After attaining the age of 16 years she has withdrawn her company from her husband.  Now after attaining the age of 18 years she applies for a decree of divorce.
Q.  2  Writ short notes on any four of the following  :-
(a)  Maintenance of a wife under a void marriage.
(b)  Legitimacy of children of void and voidable marriage.
(c)  Persons capable of giving a child in adoption.
(d)  Rights of female heirs in dwelling houses.
(e)  Lawful guardian of a minor widow.
Q.  3(A)  Who are Coparceners and what are their rights  ?  State whether a daughter, who wants to remain unmarried, can claim partition in the Coparcenary property  ?
(b)  A Hindu female is survived by her adopted son, natural born son and an illegitimate son.  Upon whom her property will devolve and in what ratio  ?  Cite relevant sections.
Q.  4(a)  The husband is not providing maintenance to his wife because of her refusal to live with him.  State whether the wife can claim decree of dissolution of marriage under the Dissolution of Muslim Marriage Act, 1939.  Refer to decided cases.
(b)  Examine the validity of the following  :-
(i)  A marriage with a woman undergoing iddat.
(ii)  A marriage with a wife's sister after the death of wife.
(iii)  A gift to an unborn person.
(iv)  A gift by a mother to an infant child without delivery of possession.
Q.  5  Write short notes on any four of the following  :-
(a)  Limit of testamentary power of a Muslim.
(b)  Gift made during Murz-ul-Maut.
(c)  Non-payment of prompt dower.
(d)  Nature of Muslim Marriage.
(e)  Conditions of valid acknowledgment.
PART-B
Q.  6(a)  What is the significance of period of limitation  ?
(b)  Whether the Limitation Act, 1963 applies to a proceeding under Article 32 and 226 of the Constitution  ?
Q.  7  What are the days which could be excluded while computing the period of limitation  ?
Q.  8(a)  Explain the doctrine of 'Sufficient Cause' for condonation of delay.
(b)  What is the limitation period prescribed for filing a suit in the following 
cases:-
(i)     By a landlord to recover possession from a tenant.
(ii)    For compensation for false imprisonment.
(iii)    To enforcement a right of pre-emption.
(iv)    For specific performance of contract.
PART -C
Q.  9(a)  What are the documents of which registration is compulsory?
(b)  Who can present a document for registration  ?
Q.  10(a)  Mention the documents of which registration is optional.
(b)  What is the time limit for presenting a document for registration  ?