Civil Law II

Civil Law Paper II – 1995 (II)
Time : Three Hours
Maximum Marks : 200

Answer any five questions, but not more than tow from each group.  Support your answer with relevant case Law.  All questions carry equal marks.

Group – A

Q.1  (i).  Can an unmarried Hindu Female adopt a child ?  Support your answer with reasons.
(ii)  A son is adopted by a widow after several years of the death of her husband.  Would he be the son of the widow alone or as well as of her husband?
Q.2.  (a)  What are the rules relating to the natural guardianship of a Hindu minor  ?  What are the powers of a natural guardian?
(b)  Write short notes on (i)  Escheat under Hindu Succession Act, and (ii)  Power of  Hindu to execute a will in respect of his property including his undivided share in the Joint Hindu Family Property.
Q.3  (a)  On what grounds a marriage may be dissolved by a decree for divorce where both spouses are Hindu and the marriage has been performed under the marriage law applicable to Hindus?
(b)  Whether alternative relief may be granted in the divorce proceedings between the Hindu spouses?  What is that alternative relief and on what grounds it may be granted?
Q.4.  (a)  The manager of a joint Hindu family represents the family in all its affairs and transactions, provided they are for family necessity.  In this connection discuss the powers of a manager with respect to :-
I)  Alienation of coparcenary property  II)  To contract debts
(b)  Who can object to an alienation made by a coparcener and on what grounds?
Q.5.  What is Stridhan and what are the rights of a husband over Stridhan?

Group – B

Q.6  (a)  What are the various grounds for divorce under the Hindu Marriage Act?  Are there any special grounds on which the wife alone can seek divorce?
Q.6  (b)  A Hindu wife seeks divocre from her husband on the ground that he is suffering from 'Aids'.  Is this a valid ground for divorce?
Q.7  (a)  What are the essentials of a valid custom?
(b)  How a custom may be proved or disproved?
Q.8  (a)  What is the procedure for granting divorce under Mohammedan law?  Whether a wife can give divorce to her husband under the Mohammedan Law?
(b)  Explain "Dower"  under Mohammedan Law.

Group- C

Q.9  (a)  Discuss the circumstances under which the registering officer can refuse to register a document?  What remedies are available to the person seeking registration in case of refusal.
(b)  For what purpose can an unregistered lease deed that is required to be registered compulsorily be used or admitted in evidence?
Q.10  (a)  Define adverse possession?
(b)  Which will be the date of terminus quo for adverse possession.
(c)  State briefly the difference between Article 64 and Article 65 of the Limitation Act, 1964.
Q.11.  (a)  Write a brief essay on the effect of Hindu Succession Act on the rights of Hindu females to inherit, hold and dispose of property.
In what manner the property of a Hindu female is to devolve in case of her dying intestate?
(b)  What are the circumstances under which a heir is disqualified from inheritance.  What is the rule of succession which is to be followed in case of disqualification of heir.
Q.12.  Differentiate between the following:
(i)  Waji-ul-arz and Riwaj-i-am.
(ii)  General custom and special custom.
(iii)  Valid Marriage and void marriage.