Civil LAW II

Haryana Civil Service (Judicial Branch), Main Written Examination-2011.
CIVIL LAW
(PAPER-II)
Time:  Three Hours                             Maximum Marks: 200
NOTES:-
I.    Candidates are required to attempt all questions in the same seriatim as they appear.
II.    Marks are indicated against each question.
III.    Support your answers with relevant provisions and case law.
IV.    No extra Answer Sheet will be provided.
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Q-1:      (a)  Two Hindus got married in a temple.  Several years and after the birth of three children, they get the marriage registered under the Special marriage Act.  A year later husband claims that certain ceremonies were not performed and hence the marriage was void.  Decide after giving arguments for both the sides.                             (20)
(b)  What are the de-merits of testamentary disposition of property?  While answering, keep in mind particularly the rights of vulnerable persons in the family.                            (10)
(c)  A wife becomes pregnant through artificial insemination using the husband's sperm without his permission.  Husband and wife have not met in two years.  The child is born with severe disabilities.  Husband denies the child to be his.  Decide.                                (10)

Q-2      (a)  Calculate the shares of X's heirs assuming he had only HUF property when he died on 1.1.2000 leaving a widow, a mother, a step mother, two sons, two married daughters (one married in 1980 and the other in 1989), one unmarried daughter, ten grandchildren of whom four are children of a predeceased son and a predeceased daughter married in 1990 (each having a son and daughter).
Give reasons for inclusions, exclusions and quantum of shares.  What is the nature of property in the hands of each heir?
X has left behind considerable debts also.  Who should pay the same and to what extent?  These are his debts:-
To workers -------------------------------------------------------Rs. 30,000/-
To temple priests for ceremonies --------------------------Rs. 10,000/-
To local shopkeeper for groceries -------------------------Rs. 3,000/-
To local liquor shop -------------------------------------------Rs. 5,000/-
In the light of this, how far does Mitakshra law play a role in Hindu Law?                                 (10)

(b)  What is the status of Rita in the following cases:
(i)  Nita and Rita are twins.  Rita was born 15 minutes later than Nita.  They were both adopted by a childless Hindu couple through an adoption agency.  Forty years later after the death of their parents Nita asserts that (ii)  Rita was adopted by Childless Hindu woman.  After the adoption, the woman converted to Christinaity.                         (10)
(c)  Two Hindus marry and have a son.  The husband converts to Islam and marries a Muslim girl.  They have a daughter.  All this happens prior to the decision in Sarla Mudgal's case.  In 2001 the husband dies.  The son denies the claims of the daughter and her mother.  Is the marriage valid and the child legitimate?                                                                                         (10)

Q-3:    (a)  A Muslim man has two muslim wives.  The entire family converts to Christianity.  Discuss the status of the wives and children.  Can he divorce his wives by triple talaq post conversion?                                                                                                                                             (10)
(b)  Write short notes on followings:                                                            (20)
a)  Dastane v. Dastane
b)  Law relating to Custody in India                                                    (10)
(c)  The waiting period of six months contemplated under Section 13-B of the Hindu marriage Act, 1955 is as mandatory as the other conditions prescribed for obtaining divorce by mutual consent.  Explain the statement with support of case law.                                   (10)
Q-4:    (a)  What is the impact of the Property Laws (Amendment) Act, 2001, which amended the Registration Act as well on Section 53-A of the Transfer of Property Act?                            (10)
(b)  What documents may be registered?  What are the effects of non-registration?               (10)
(c)  Discuss the circumstances in which registration of document can be refused by the Registering Authority.  Is there any remedy against an unjustified refusal?  Briefly discuss.     (10)
(d)  What is the effect of 'acknowledgement' as envisaged under the Limitation Act?              (10)

Q-5:    (a)  'X' was allotted a residential plot in the Municipal Area of Karnal, being the highest bidder in a public auction held by the Rehabilitation Department, Government of Haryana, 31.10.1980.  The site plan shown to 'X' at the time of auction depicted two 'Public Parks' on the east and west side of the plot.  'X' constructed his house in April, 1985 after getting the building plans sanctioned from Muncipal Council, Karnal and kept windows on both sides of the house.  In the year 2004, 'A' started digging foundations in the open space abutting the 'west' side of the 'X's house, claiming to be its owner on the plea that it was allotted to him by the Rehabilitation Department in lieu of the properties left by his deceased father in West Pakistan.  'X' institutes a civil suit on 3.10.2006, claiming easement rights by prescription.  Soon thereafter, Rehabilitation Department also issued a public notice for the auction of a residential plot, which as per the description given, was abutting the house of 'X' on east side.  'X' institutes another civil suit on 1.1.2007 against the Explain with the support of case law:-
(i)    Whether 'X' has acquired absolute and indefeasible right to easement against 'A'? 
(ii)    Whether 'X' has acquired absolute and indefeasible right to easement against the Rehabilitation Department, Haryana?
(iii)    What are the essential conditions to claim such like easementary rights under the Limitation Act, 1963?                                 (20)

(b)  'Justice has emanated from nature.  Therefore, certain matters have passed into custom by reason of their utility.  Finally the fear of law, even religion, gives sanction to those rules which have both emanated from nature and have been approved by custom.  'What is the relevance of this statement of Cicero in Indian Legal System?                         (10)
(c)  How does a custom originate?  Write briefly the role of the Supreme Court in preserving and developing the customs of the people?                            (10)