Civil Law II

Civil Law paper – II 1999
Time : Three Hours
Maximum Marks : 200

Attempt any Five questions, selecting at least Two questions from Part I and One each from part II and III.  All questions carry equal marks.

PART-I

Q.1.  A, a Hindu boy aged 18, married B, a Sikh girl aged 17, in 1990 according to Hindu rites and ceremonies.  The marriage remained unconsummated due to the impotency of B.  Unsatisfied with his previous marriage A married another girl C as per Hindu rites and ceremonies in 1995.  A and C were blessed with a son D in 1996.
Discuss the validity of both the marriages.  Also discuss the rights of D to inherit the property of A, B and C.
Q.2  (a)  "Mutual consent to obtain a decree of divorce by mutual consent under the Hindu marriage Act, 1955 is needed at two stages".  Discuss in the light of the recent judicial decisions.
(b)  Rakesh married Rajni in 1995.  Soon after marriage he started doubting her chastity.  On 1.1.96, Rakesh beats Rajni and turned her out of the house.  Rakesh files a petition for divorce against Rajni on ground of desertion on 15.1.98.  Will he succeed?
Can Rajni files a petition for divorce against Rakesh?  Discuss.  Give reasons for your answer in the light of relevant statutory provisions and case law.
Q.3  (a)  Ravi, a teacher in a private school in Delhi drawing Rs. 10,000/- per month files a petition for restitution of conjugal rights against his wife, Radha, working as a teacher in a government school at Patiala and drawing Rs. 7,000/- per month.  Ravi contends that ignoring his advice for resigning her job and joining his company, she is continuing to live away from matrimonial home, which amounts to withdrawal from matrimonial home on her part.
Radha pleads that there is no withdrawal from matrimonial home on her part since the locus of the matrimonial home is at her house in Patiala and she never denied to Ravi the opportunity to visit and stay with her at Patiala.  Decide in the light of case law.
(b)    W, a Hindu woman files a petition for restitution of conjugal rights against her husband H and applies for maintenance pendent lite.  H contends that no marriage took place between him and W and insists that the question of marriage be decided first.
Can the court under Section 24 of the Hindu Marriage Act, 1955 grant to W the expenses for contesting the question of marriage between H and W?  Decide.
Q.4.  (a)  Explain the concept of 'coparcenary' in the Mitakshara law.  Can a female be a coparcener?  Discuss the legislative inroads made in the law of coparcenary.
(b)  A Hindu joint family comprised of A, the Karta and his two sons B and C.  B filed a suit for partition against A, claiming 1/3rd share in a house which A had received as his share on partition from his father and brothers an agricultural field, which A had inherited from his father and a tea estate which A had received by way of gift from his paternal uncle.  Discuss whether B will succeed?
Q.5  (a)  H, a male Hindu dies intestate in the year 1995, leaving him surviving his brother B, his father F, his mother M, his widow W, his married daughter D, his predeceased son's daughter SD, his son S1 who had adopted Islam after marrying a Muslim girl against the wishes of H, his another son S2, who never cared for H in his life time and his son's widow SW who had married a Christian in 1990 without the consent of H.  Who will succeed and to what share in the property of the deceased H, under the Hindu Succession Act, 1956?
(b)  W, a Hindu widow, got a house as limited owner under a decree of the court, in lieu of her maintenance out of joint family property in 1950.  Now she wants to make gift of the house in favour of her brother.  Can she do so?  Discuss in the light of sub-section (2) of Section 14 of the Hindu Succession Act 1956.  Refer to case law, if any.

PART-II

Q.6.  (a)  Rahim bequeaths orally half of his property to a school and another half by a registered deed to his wife.  after his death his children wish to avoid both the wills.  Advise them as to the provisions of Muslim Law (Shia and Sunni) under which the validity of the wills can be challenged.
(b)  What are the essentials of a valid gift under the Muslilm law?
Discuss the validity of following gift:
(i)     A makes gift to B of wheat that may be produced on his farm next year.
(ii)    A executes a gift deed in favour of his nephew of a house in which both of them were residing.  A continues to live in the same house but paid taxes etc.  in the name of the donee.
Q.7  (a)  A married Muslim male becomes a convert to Christianity.  His wife then marries another Muslim man before expiration of the period of iddat.  What is the legal status of this marriage?  Can she be held guilty of bigamy u/s 494 of IPC.
(b)  Is a stipulation between husband and wife, conferring the right on the wife to divorce herself permissible under Muslim law?  If so, is it condititioned by pre-requisties?  What are the principles on which Muslim law recognizes such a stipulation?
Q.8  (a)  Rahim, a Sunni Muslim, pronounces triple talak against his wife for satisfying his father's demand to divorce her.  Immediately he repents and marries her then and there.  What will be the legal status of this marriage?  Discuss and decide.
8(b)  Fatima, a 14 year old Muslim girl, was given in marriage by her father.  During their honeymoon, the marriage was consummated.  Shortly after than, she returned to her parent's house.  She repudiates her marriage on attaining the age of 15 and refused to go her husband's house.
Advise Fatima as to the grounds on which she may obtain dissolution of her marriage.

PART-III

Q.9.  A let out his house to B for residential purpose for a period of five years on payment of monthly rent by them and on such other terms as incorporated in the lease-deed executed.  Lease deed was not registered.  B refused to vacate the premises after the expiry of lease period.  A filed eviction petition against B relying on the terms of the said lease deed.  B contended that the lease deed being unregistered is not admissible in evidence as per Section 49 of the Indian Registration Act, 1908 and also is not enforceable.  Decide giving reasons.
Q.10.  X, Y and Z are the partners of an appellant firm.  A decree was passed against the firm by the court.  The last day for filing the appeal against this decree was 30.11.98.  All the partners did nothing for filing the appeal during the prescribed period.  The appeal was filed on 1.12.98.  X made an application for seeking condonation of delay under Section 5 of the Limitation Act, 1963, claiming therein that he was the incharge of litigation and fell ill on last day and could not file the appeal on that day.
The other party raised objection on the ground that the appellant's partners had shown lack of diligence and negligence during the whole period of limitation.  Decide giving reasons.