Civil Law II

Civil Law – II 2003
Time : 3 Hours                                                                                                                                                                                                                                                   Maximum marks : 200

Note : Attempt any five questions.  All questions carry equal marks.  It is compulsory to attempt at least one question from each part.

Part-A

Q.1(a)  What are the ground on which a marriage between two Hindus can be declared void or voidable?
(b)  A, who was married to B in 1995, used to beat her frequently and also insisted that she should bring money from her parents to help him start his business.  With the intervention of friends, they decided to forget their past and start afresh.  They lived together for a period of three months but A repeated his previous acts.  Whether the wife can seek dissolution of marriage and, if so, on what grounds ? Discuss.
Q.2.  Whether a married daughter can seek partition of HUF property.  Explain the nature of HUF property and rights of a female in such property.
Q. 3(a).  Marriage between A and B was dissolved on the ground that the husband had treated his wife cruelty.  After six months of the decree, the wife moved an application for the grant of permanent alimony.  The application remained pending for three years during which time the wife got a job at a monthly salary of Rs. 2,000/-.  The husband is Senior Manager in a Bank drawing Rs. 25,000/- P.M. as salary and has a palatial house at jalandhar ;and fixed deposits and jewellery worth Rs. 5 lacs reflected in his income tax returns.  Is the wife entitled to permanent alimony ?  What are the factors to be taken into consideration while granting such alimony ?
(b).  Distinguish between a Hindu Joint Family and a Hindu Coparcenery with particular reference to Mitakshra and Dayabhaga Schools.

Part-B

Q. 4(A)  Whether a Muslim woman is entitled to maintenance in terms of Section 125 Cr.P.C.?  discuss with case law.
(b)  Whether a Muslim wife can divorce her husband under the Mohammedan Law ?  Explain the concept of 'Dower' and 'Iddat' under the Mohammedan Law.
Q.5(a)  Whether Mohammedan law makes any distinction between ancestral and self-acquired property, movable and immovable property for the purposes of inheritance ?
(b)  A Mohammedan male dies leaving behind widow and a minor son.  Widow sells property on the ground that she requires money to sustain the family.  Is the sale valid ?
Q.6(a)  What is meant by Wakf.  How the Wakf is created and maintained ?
(b)  Who can be de-facto and de-jure guardian of the property of a Muslim minor ? To what extent de-facto guardian of a Muslim minor can alienate his immovable property ?

Part-C

Q.7  (a)  A sale deed is executed an 2nd january but is presented for registration on 24th March before the Sub Registrar.  The Sub Registrar refuses to register the document.  What are the remedies available to the vendee? If the document is registered.  What will be date of transfer of property ?
(b)  A advances a loan of Rs. 24,000/- to b on 17.12.1994.  B returns a sum of Rs. 3,000/- on January 20, 1998.  A files a suit for recovery of Rs. 21,000/- along with the interest there an in the first week of January, 2001.  Whether the suit of A is within limitation ?
Q.8  (a)  Whether an unregistered document which requires registration under the Registration Act can be read in evidence and, if so, for what purposes ? Discuss with case law.
(b)  Discuss the essential ingredients of the plea of 'adverse possession'.
Q.9  (a)  Whether there is any limitation to file a suit for possession based on title?  Explain the difference between Article 64 and 65 of the Limitation Act.
(b)  What is meant by 'Sufficient cause' within the meaning of Section 5 of the Limitation Act.  Explain the principles of condonation of delay with reference to case law.  Whether any litigant is entitled to special privilege in such matters ?