Civil Law II

Civil Law – II 1998
Time : Three Hours
Maximum Marks : 200

Attempt any FIVE questions, selecting at least Two questions form part 1 and ONE each from part II and III.  All questions carry equal marks.

PART-I

Q.1.  Mukesh married Moltini in 1980.  A son, Ravi and a daughter, Ragini, were born to them.  Mukesh, influenced by the family planning programme, got himself sterilized in 1985.  Unfortunately, in 1990, Mohini, Ravi and Ragini died in an accident.  In 1995, Mukesh married Vinita without disclosing the fact of his sterilization.  Vinita now comes to know that due to Mukesh's sterilization.  Vinita now comes to know that due to Mukesh's sterilization, she will not be able to bear a child.
Vinita approaches you to find out whether she could get her marriage annulled on the ground of Mukesh's impotency and her consent obtained by fraud as to the material fact.  Alternatively, can she claim divorce on the ground of cruelty?
Prepare a detailed brief for her relying on the relevant provisions of law and decided cases.
Q.2.  Discuss the validity of the following marriage under the Hindu Marriage Act, 1955.
(a)  H, a jain boy, gets married to W, a Sikh girl, in a temple by exchange of garland.
(b)  H gets married to his elder brother's widow.
(c)  H gets married to his paternal grandfather's sister's daughter.
(d)  H gets married to A within 30 days of dissolution of his previous marriage to B.
Q.3.  Kapil, aged 10, was married to Kavita, aged 7, in 1980 by their parents at Amritsar according to customary rites and ceremonies.  Kavita continues to live within her parents.  Kapil went to Delhi for studies and later gets a job in Delhi.  There he becamse intimate with Savita, a girl working in his office, and married her in 1995.  He lived happily with Savita and had a son.  Later, some differences arose between them and he forced her to leave the house.  Savita files a petition in the court claiming maintenance u/s 18 of the Hindu Adoptions and Maintenance Act, 1956.  Kapil pleaded since his marriage to her being a bigamous marriage and void, she cannot claim maintenance as wife.  Savita pleaded since Kapil's marriage to Kavita was a child marriage and void, his second marriage to her is valid.
Discuss the issues involved in the case and decide with the help of legal provisions and judicial rulings.  Can Savita claim maintenance under any other provision by law?  What remedy, if any, is available to Kavita?
Q.4.  Discuss the concept of "notional partition" under Section 6 of the Hindu Succession Act, 1956.
A dies as a member of Mitakshara joint family and is survived by his father F, mother M, two brothers B1 and B2, a joint son of separated predeceased son S2S, unmarried daughter D1, a married daughter D2, husband of a predeceased daughter D3H, a son of another daughter born after her conversion to Islam D4S.  The family assets are worth Rs. 20 lakhs.  He has also left behind separate property worth Rs. 51 lakhs.
Who will get the property?  Will your answer be different if the family is domiciled in Punjab?
Q.5.  What do you mean by the term 'severance of status' and how does it differ from 'partition by metes and bounds'?  Can a minor co-parcener ask for partition of the joint family property?
A joint family consisted of five brothers B1,B2,B3,B4, and B5.  B1 was the Karta.  B2 had a dispute with B1 and dissatisfied with his management filed a suit for partition.  During the pendency of the suit B1 died.  B2 now wants to withdraw the petitition and becomes Karta.  He files an application to that effect in the Court.  Will he succeed?  Decide.

PART -II

Q.6.  Discuss the validity of the following marriages under Sunni and Shia Law:
a)  H, a Sunni boy, married W, a Shia girl, in the absence of witnesses.
b)  H gets married to his wife's younger sister.
c)  H gets married to his father's  sister's daughter.
d)  Salma, a 16 year old girl, given in marriage by her father without obtaining her consent.
Q.7.  Mahmood Ali, a Sunni Muslim, married Fatima Bibi in 1990.  In 1995 he married Hasina Begum.  Fatima Bibi did not like her husband's second marriage, left the matrimonial home and went to her parents' house.  As her parents are very rich, she never asked for maintenance nor Mahmood Ali sent any amount to her maintenance.
On 1.1.1998, Mahmood Ali files a petition for the restitution of conjugal rights against Fatima Bibi.  She files a petition for divorce against him on the ground of cruelty and non-payment of maintenance for a period of two years.
Discuss and decide with the help of legal provisions and case law.
Q.8.  (a)  What are the essentials of valid gift under the Muslim law?
H made a gift by a registered deed to his minor wife, W, who had attained puberty.  The gift was accepted on W's behalf by her mother in whose house H and W were residing.  W's father and grandfather were dead.  Discuss the validity of the gift.
(b)   Rahim executed three wills one after another.  In the first Will, he bequeathed Rs. 40,000 in favour of his sister's child who was in the womb of his mother and is born 2 months after Rahim's death.  The second will is for Rs. 20,000 in favour of a school.  The third will is for Rs. 30,000 in favour of a Hanuman temple.
At the time of his death, he left properties worth Rs. 2 lakhs.  Dower fixed for his wife, but not paid Rs. 60,000.  His funeral expenses work out to be Rs. 5,000.
Discuss the validity and entitlement in respect of each bequest under Sunni and Shia law.

PART-III

Q.9.  A filed an appeal to the District and Sessions Judge, Delhi, against the conviction order of a Metropolitan Magistrate on 2.11.1998, Monday.  The appeal was delayed by two days.  He made an oral application for condonation of delay on the grounds that the limitation period for filing the appeal was expiring on 31.10.1998, Saturday, not being a lucky day for him, he preferred the appeal on Monday, the most lucky day for him.
Discuss whether the delay of only two days can be condoned in the present case.
Q.10.  A entered into a contract with B for the supply of rice worth Rs. 2 lakhs to B.  B has to make the payment within one month of the delivery of rice.  Rice was delivered to B on 1.1.1990.  B failed to make the payment within the stipulated time.  He made a payment of Rs. 50,000 to A against the price of the said rice on 15.5.1992 as part payment and acknowledged in writing to clear the balance within the next two months.  On 15.1.1995, A filed a suit against B for the recovery of the balance amount along with interest.  B contended that the suit is time barred as being filed after more han three years from the date when the payment had become due.  A pleaded that fresh period of limitation starts from the date of part payment of the price of rice.  Decide, giving reasons for your decision.
Q.11.  A agreed to sell his agricultural land to B.  An agreement to sell was executed to this effect.  if was agreed that A shall transfer his land in the name of B and shall also hand over the possession within two months of making full and final payment of the agreed money by B.  B made the full payment on 1.3.1998.  He filed a suit against A on 1.6.1998 for the specific performance of contract.  A contested the suit on the ground that the said agreement to sell is not registered u/s 17 of the Registration Act, 1908.
How would you deal with this plea of A?