Civil Law II

Himachal Civil Services Judicial
Examination, 2000
Civil Law Paper II
Time : Three Hours                                                                                                                                                                                                                                                          Max. Marks : 200

Note :  Questions Nos.  1 and 8 are compulsory.  Attempt three more questions from the rest.  In all five questions are to be answered.  Write legibly quoting provisions of law and relevant case-law.  Each part of the question must be answered in sequence in the same continuation.  Give reasons for your answer.

Q.  1  (i)  An upper caste Hindu married a girl of scheduled tribe, six years back.  Now he seeks divorce as the girl's father had misled him to believe that they belong to a higher caste.  He had earlier filed a criminal complaint in this regard under Section 419/420/34 I.P.C., which was dismissed.  Decide.
(ii)  A Hindu girl seeks divorce, alleging that at the time of marriage, she was only 13.5 years old and she had repudiated the marriage, when she became 17 years old.  The husband pleaded that the marriage is still valid and has been consummated, hence divorce cannot be granted.  Decide.
(iii)  How would you decide the case, if in the above problem, the petitioner is a Hindu male, seeking divorce from his wife, making the same allegations (as the girl has made above) ?
Q.  2  (i)  A Hindu female succeeded the property of her husband in 1954 as limited owner.  In 1957 she remarried.  Her former husband's brother brought suit against her reclaiming the property.  Decide.
(ii)  A Hindu, under a registered 'Will' conferred life estate on his wife N, with the direction that on her death, the property would devolve on his brother B.  N died in 1960.  B filed a suit for the property against the successors of N.  Decide.
(iii)  A Hindu woman was divorced by her husband, on the ground of desertion.  Now the woman claims maintenance from her husband.  Discuss the law on the point.
Q.  3  (i)  M, a Muslim and his father had neither taken the bride (who was a minor), after the nikah, nor did they take any steps to take girl to her matrimonial home for two years due to some quarrel between father of boy and girl over payment to a dance girl accompanying the Barat.  Later on the girl repudiated the marriage.  Girl's father sued the boy's father, claiming compensation for marriage expenses incurred by him and damages for loss of his reputation in society.  Decide.
(ii)  Marriage between a Muslim boy and Muslim girl had been consummated yet the wife refused to give company to husband, as her demand for payment of prompt dower was not fulfilled.  The husband filed suit against wife for restitution of conjugal right.
(iii)  A Muslim husband filled suit for restitution of conjugal rights.  The wife refused to go with him on account of non-payment of prompt dower on her demand.  Marriage had not been consummated till then.  Decide.
Q.  4  (i)  W, a divorced Muslim woman filed a suit against her husband H, claiming arrears of maintenance during iddat period, reasonable and fair provision for the maintenance of herself and her two minor children.  She also claimed her dower and sought return of the gifts and properties given to her during her married life.  H contended that he is no more liable to pay anything in view of the Muslim Women's (Protection of Rights on Divorce) Act, 1986 (Act XXV of 1986).  Decide.
(ii)  In a Muslim family, a family settlement deed was drawn up by the shareholders.  One of the shareholders was a minor, and he was represented by her mother, his de-facto guardian, who signed the deed on his behalf, as such settlement was more beneficial to the minor.  determine the validity of the Settlement Deed.
(iii)  A Muslim gifted a piece of land to a Hindu and got the gift deed registered.  The done built a house on that land.  Subsequently, the donor's successors challenged the validity of the gift as it was made in favour of a non Muslim.  Decide.
Q.  5  (i)  A pardah – nashin lady executed a document in presence of two witnesses.  The sub-registrar endorsed the document that "the executants after hearing and understanding the nature and contents of deed in my presence, confirmed with her own lips from behind purdah"  Later on one of the attesting witnesses expressed his ignorance about contents.  Examine the validity of the document.
Whether the endorsement of sub-registrar is admissible in evidence?
(ii)  An instrument relating to shares in joint stock company (the assets of which consist of immovable properties) was in question in a suit.  The plaintiff contended that the instrument being unregistered it is invalid.  The defendant argued that shares of a company are exempted from registration.  Decide.
Q.  6  (i)  All the trustees of a Trust died by 1980, A, a stranger took over the possession of all the Trust-property.  However, the Trust was reconstituted by the court and T was appointed managing Trustee in March, 1999.  T filed a suit against A in July, 1999 for recovery of the Trust- property.  A pleaded that the suit is time-barred.  Decide.
(ii)  A plaint was filed within limitation, but the court-fee was deficient.  The plaintiff was ordered to make good the deficiency within two months.  The plaintiff submitted the required court-fee within the time allowed.  However when the plaintiff made good the deficiency, the limitation had expired.  whether the suit will proceed or dimissed as time barred  ?
(iii)  Limitation expired on 15.06.1999, but the courts were closed from 02.06.1999 to 01.07.1999 on account of summer vacation.  So the suit was filed on 02.07.1999, when the courts re-opened.  It was objected that the suit is barred by limitation.  Decide.
Q.  7  (i)  A had borrowed money from B, which he could not repay.  He transferred his house to B in lieu of the borrowed sum.  B took possession of the house through a registered deed by A.  Examine the nature of the transaction between A and B.  And what name will you give to the transaction.
(ii)  A transfers Rs. 5,000/- to B, through Will, on condition that he shall marry with the consent of C, D and E.  B married without their consent, but obtains their consent after the marriage.  B claims the legacy.  Whether he will succeed  ?  Give reasons for your answer.
(iii)  Through Will, A transfers his property to his wife, but in case, she should die in his life-time, transfers to B, that which he had transferred to her.  A and his wife were killed together in an accident, under the circumstances, which make it impossible to prove that she died before him.  B files a suit claiming A's property under the Will.  Decide.
Q.  8  (i)  A executed Will, transferring his house worth 5 lacs to B.  Through the same instrument, A transferred B's house worth Rs. 50,000/- to C.  After A's death, B refuses to take A's house and retains his own.  Advise C, as to what should he do.
(ii)  A filed a suit against B for ejectment from his land.  B had erected a building on that land.  He set-up the plea of part-performance in defence.  He produced an unregistered receipt for Rs. 12,000/- from A in his favour showing advance money towards the sole-piece of the land.  He also filed a letter of A addressed to B, in which he promised to execute the sale deed after the return of his son from England.  Decide.
(iii)  Cause of action accrued to a minor on 3rd May, 1996.  He will attain majourity on 7th June, 2000.  Limitation for filing suit is only three years.  Determine the date by which he should file the suit.