Civil Law II

Civil Law Paper – II
Time : 3 Hours                                                                                                                                                                                                                                                 Maximum Marks : 200

Note :  Attempt any Five Questions, selecting at least Two Questions each from Section 'A' and 'B' and One Question from Section 'C'.
All questions carry equal marks.
Section A

Q.1  (i)  Point out the distinguishing features between the Mitakshara and Dayabhaga Schools of Hindu Law.
(ii)  How does the Punjab School differ from the other sub-schools of Mitakshara?
(iii)  Whether or not the Hindu Marriage Act, 1955 is exhaustive ?
(iv)  How far the nature of marriage under Hindu and Mohammedan laws may determine validity of the marriage with a pregnant woman, the husband having no knowledge of the pregnancy ?
(v)  When a hiba cannot be revoked ?
(vi)  Determine the validity of adoption of a stepson by a Hindu stepmother.
(vii)   State the cause for repeal of the Hindu Widows Remarriage Act, 1856.
(viii)  Distinguish between 'child' and 'minor' under the Child Marriage Restraint Act, 1929.
Q.2.  (a)  (i)  Ghulam Mohammed executes a deed in favour of his wife whereby he grants certain immovable property to her in lieu of her dower but possession is not delivered to the wife.  is it a transaction of hiba-bil-iwaz?
(ii)  Do you agree that the Marriage Laws (Amendment) Act, 1976 has affected the nature of Hindu marriage ? Justify your opinion.
(iii)  when a Kazi may be appointed  ?
(iv)   What personal laws do recognize the 'adoption'
(b)   (i)  Whether adoption by a Hindu with the knowledge of his wife's pregnancy is valid?
(ii)  What are the restrictions on the right of an adopted child  ?
(iii)  Laxmi adopts a son during maindenhood and thereafter marries.  Her husband dies issueless.  She again adopts a son.  Examine the validity of both the adoptions.
(iv)  A couple adopts a son.  Husband remarries with 'W1' who subsequently dies.  Can the adopted son inherit the property of 'W1'?
Q.3.  (a)  (i)  Amina Begum is entitled to dower of Rs. 16,000.  Her husband dies leaving behind a son and two daughters.  Determine and calculate the liability of the heirs towards the dower debt.
(ii)  How does the Shariat Act, 1937 reconcile the customs that contravene the Mohammedan law ?
(b) (i)  Does the renunciation of Islam by a wife operate ipso facto as dissolution of marriage ?
(ii)  Distinguish between 'acknowledgement' and 'adoption'.
(a)     (i)  Who can remove 'Mutawalli'?  Can the power as such be delegated ?
(ii)  Explain the meaning of 'Wakf'.
(d)  What constitutes cruelty as mentioned in the Dissolution of Muslim Marriage Act, 1939  ?
(e)  State the right to dower of wife seeking dissolution of marriage under the Dissolution of Muslim Marriage Act, 1939.
Q.4.  (a)  What are the essential conditions of a valid Hindu Marriage.
(b)  How far the non-registration of Hindu Marriage affects the validity of marriage  ?
(c)  Whether and if yes, what are the punishments for contravening the provisions of the conditions of Hindu marriage?
(d)  State the effects of non-compliance of the essential ceremonies of the Hindu marriage.  Does it admit any exception  ?
(e)  when a marriage solemnized under the Special Marriage Act be declared as void ?

Section B

Q.5.  (i)  Urmila has right to maintenance out of an estate, a part of which has been transferred by way of gift to Kavita.  What remedy, if any, Urmila has  ?
(ii)  A Hindu male marries a Christian under the Special Marriage Act, 1954.  How his properties, after the death, shall devolve upon ?
(iii)  State whether or not the disposition of properties by gift or will for the benefit of unborn person is valid ? State the law.
(iv)   Define coparcenary.  Does a female have any position in the coparcenary ?
(iii)    Can a spouse married in contravention of a Child Marriage Restraint Act file a petition for the restitution of the conjugal right ?
(iv)    Highlilght the objects of the Arya marriage Validation Act, 1937.
(v)    'X', a coparcener, wants merger of his self acquired property in the joint family property.  Advise him about registration whether essential or not.
(vi)    On what counts does fasid marriage differ from the batil.
Q.6.  (a)  (i)  Discuss the rights of a female Hindu under the Hindu Succession Act, over the property possessed by her.
(ii)  Can a married hIndu daughter who has deserted her husband claim to reside in the family dwelling house ?
(iii)  State the order of succession among agnates.
(iv)   Ascertain the legality of alienation of the minor's share in the family property by the 'Karta'
(b)  Point out the natural guardian in the following cases:
(i)  Minor below the age of five years.
(ii)  IIIegitimate unmarried girl.
(iii)  A boy whose father has ceased to be a Hindu.
(iv) Adoptive son whose adoptive father is dead.
(v)   A Muslim married girl below the age of puberty.
Q.7  (a)  'X' a petitioner, married the respondent 'Y' and both had very pleasant conjugal life and begot a son.  In connection with some research work,  'X' left for America for a period of six months.  The wife 'Y', during his absence, fell in love with 'Z', a friend of 'X'.  They had between them mutually exchanged letters.  One of such letters containing very personal and objectionable materials reached into the hands of X's father.  On his return from America father told his son about the episode.  To her husband's query, she, however, refused and left the X's place for her parents.  'X' wrote a letter thereafter asking her to send the child.  Some attempts were also tried to reach an understanding between 'X' and 'Y'.  In pursuant thereof, the mother-in-law of 'X' sent a communication to 'X' about the return of 'Y' and asking him to receive his wife at the station.  'X' replied that she should not be sent back.
'X' after sometime files a petition for divorce on the ground of desertion.  Will 'X' succeed?
(b)   Mr.  P sent his three sons D, T and I for quality education to England.  The expenditure were borne out of the joint family property.  D became a very good Doctor.  T and I could not be successful and all the three returned to India.  D earned huge money from his practice.  T and I claim shares in D's income and property as his income is due to special training at the expenses of joint family property.  Examine their claims to success.
Q.8  (a)  Mukesh and Mamta got married in March, 20.  They could not enjoy the matrimonial life for the reason of incompatibility and, therefore, mutually agreed to file petition for divorce.  the petition was filed in April 2003.  The parties, were, however, approached by the respective families and they got success in persuading the both to withdraw the court proceedings.  Mukesh and Mamta filed applications intending to withdraw the divorce petition in January 2005.  Can the court grant the decree for divorce?
Support your view with the decided cases.
(b)  (i)  Discuss the rule of notional partition.
(ii)  'K' a Mitakshara coparcener, died in January 2006 leaving behind his wife 'W', two sonsS1, S2 and three daughters D1, D2 and D3.  Ascertain the respective shares of the heirs.

Section C

Q.9.  (a)  (i)  Whether the Registration Act strikes at document or the transaction ?
(ii)  can a consent decree in absence of registration operate as instrument of transfer by gift of immovable property ?
(b)   Elaborate the guidelilnes to be borne in mind while determing if the sufficient cause exists.
Q.10  (i)  Whether the Law of Limitation can be waived in India  ?
(ii)  A Military vehicle got damaged by collusion with a civil truck.  Can the time taken for obtaining the sanction from Army Head Quarter be condoned for the delay in filing an action  ?
(iii)  Whether hiba-bil-iwaz in writing is compulsorily registrable ?
(iv)  Whether lease of shop for one year requires registration  ?
(v)  Whether transfer of standing trees of value Rs. 100/- or upwards can be done without registration  ?