Civil Law II

Himachal Civil Services Judicial
Examination – 2001
Civil Law Paper – II
Time : 3 Hrs.                                                                                                                                                                                                                                                              Max Marks : 200

Note :  Question 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)  A Hindu destitute widowed daughter, who neither has any income of her own, nor her husband left any property for her sustenance, claims maintenance from her father under Section 19, Hindu Adoption and Maintenance Act, 1956.  The father denies the liabilities.  Decide.
(ii)  After deserting her husband, a Hindu divorced wife claims maintenance from her husband.  The husband says that he is not liable to maintain her, particularly when she herself deserted him.  Decide.
(iii)   in former Madras State, Hindu bigamous marriage was made void under Section 2, Madras Hindu Bigamy (prevention and divorce) Act, 1949.  A Hindu widow there married in 1953, a man, who had already had a living wife.  She had some property of her husband (Deceased) at the time of second marriage.  Nearest reversioner of her husband (deceased) claimed back the property on her remarriage.  Decide.
Q.  2  (i)  A Hindu lady sought annulment of her marriage on the ground that her husband is below 21 years of age, a fact which was not revealed to her before marriage.  Decide.
(ii)  At the time of marriage negotiations, a father represented that S was his son.  After marriage it was revealed that S was his illegitimate son.  The wife seeks annulment of marriage on the ground of fraud.  Decide.
(iii)   A girl was in service at Madras.  She was married to a boy living in Delhi.  The boy was unemployed and had no known source of income.  The facts were known to each other before marriage.  After marriage the wife lived with her husband at Delhi for sometime and then re-joined her service at Madras.  The husband filed divorce petition on the ground of desertion which was dismissed.  After three years he again filed divorce petition on the ground of cruelty and desertion.  It was proved that he used to visit his wife at Madras and very often used t demand money from her and still he does not have any permanent employment.  He also used to drink.  Decide.
Q.  3  (i)  A Sunni Muslim gave Rs. 140 to R and Rs. 100 to S through a Will.  After his death and after deducting his debts and funeral expenses only Rs. 216 were left as his assets, one-thind of which comes to Rs. 72 only.  Execute the will by distributing the shares of R and S.
(ii)  A Muslim marries another lady, while his first wife was living with him.  The first wife claims separate residence and maintenance from her husband.  Decide.
(iii)   A Muslim husband, while divorcing his wife, did not ask her unmarried daughter to live with him.  Subsequently the father became insane.  The daughter claims maintenance from her father, as he has some property.  Decide.
Q.  4  (i)  In a suit for restitution of conjugal rights, by a Muslim husband, the wife alleged cruelty and marriage with another woman.  Decide.
(ii)  At the time of marriage, a Muslim husband and wife entered into an agreement.  The contents were that the husband will allow her to visit her father at least four times a year and he will neither ill-treat her non beat her, and also he will give Rs. 400 to her as Mehr on demand.  In case of violation of any of these conditions, the wife will have the delegated right to divorce him.  After sometime, the wife divorced him on the grounds of cruelty and non-payment of Mehr.  The husband filed suit for restitution of conjugal rights.  The wife asserted her delegated rights to divorce and proved the violation of conditions in the above agreement.  Decide.
(iii)   A Muslim wife filed a suit against her husband for dissolution of marriage, alleging that her husband had made a false accusation against her that she was illegally entagled with one Asghar Ali.  The husband could not substantiate his denial.  Decide.
Q.  5  (i)  A father-in-law rebuilt his house by selling 20 tolas gold ornaments of his daughter-in-law.  This fact was mentioned in his Will also.  The Will was subsequently revoked.  So the daughter-in-law filed a suit for realization of the price of her ornaments.  Since the limitation had expired, she prayed for extension for limitation period on the ground of the acknowledgement in the Will.  Decide.
(ii)  The plaintiff realized the money from the defendant under an award merged in a decree of a court.  Subsequently the award was set aside in appeal, and the plaintiff was directed to refund the amount to the defendant.  Now the plaintiff again sues for his amount due against the defendant.  Defendant argues that the suit is barred by time.  Decide.
(iii)  In a pending suit between A and B, C was added as a new defendant after about two years of the institution of suit.  When the suit will be deemed to have been filed against C  ?
Q.  6  (i)  A father of Mitakshara Hindu family, transferred some property of the family without consent of his sons, A, B and C.  A and B, though major, did not challenge the transfer.  C, who was minor at the time of transfer, challenged the transfer within three years after attaining majority.  The defendant pleaded that the suit was time-barred.  Decide.
(ii)  In a suit for possession of land, judgment was delivered on 21.09.1969 but the decree was actually prepared on 01.04.1981.  Meanwhile application for copy of the decree remained pending.  After receipt of the copy of the decree, execution application was filed on 02.07.1981.  Determine whether execution application is within time of limitation.
(Ordinarily in such cases, under Article 136 of the limitation Act, Limitation is 12 years)
Q.  7  (i)  A transfers his house to B on the condition that he will marry with consent of C, D and E.  B marries without their consent but obtains their consent after the marriage.  Whether B will get the house  ?
(ii)  A transfers his house to B in trust for A and his intended wife successively for their lives and after the death of survivar, for the eldest son of the intended marriage for life and after his death for A's second son.  Whether the transfer to eldest son will take effect  ?
(iii)   A gifts a lakh rupees to B.  But A reserves a right to himself to take back Rs. 10,000/- out of one lakh at his pleasure; with the assent of B.  Is the gift valid?
Q.  8  (i)  A lets out a field to B at a rent of Rs. 50/- and then transfers the field to C.  B, having no notice of the transfer, in good faith, pays the rent to A.  C sues B for the rent.  Decide.
(ii)  A made a Will and deposited it in a sealed cover with the Registrar.  Subsequently he died.  A's nephew wants to get opened the Will.  Advise him.
(iii)   Whether a following are transferable under the Transfer of Property Act:
(a)     A mere right to sue;
(b)    Decree of a court;
(c)    Political pension;
(d)    Right to succeed an estate on the death of a relative.