Haryana Civil Services (Judicial Branch) Main Written Examination 2015

CIVIL LAW-II

Time: 3 Hours

Maximum Marks: 200

Instructions:

  1. Attempt all the questions in the same order in which they appear in the Question Paper.
  2. Marks for individual questions are indicated against each question.
  3. Support your answers with relevant provisions and case law.
  4. No extra answer sheet will be provided.

Question 1

A. Two sisters (twins) of tender years are found to be abandoned by their biological parents and rescued by an adoption placement agency.

Can they both be validly adopted under the Hindu law by a childless couple? It there any legal impediments, how could those be validly circumvented in the interest of children under the general law appliable to all including the Hindu? (20 marks)

B.

  1. What is the concept of marriage under the Hindu Marriage Act, 1955 and how it is different from relationship, which is in the nature of marriage? (10 marks)
  2. Can a woman admittedly by the void marriage claim maintenance against her husband under Hindu law? (10 marks)

Question 2

A. What do you understand by the expression, “joint Hindu Family governed by the Mitakshara law”? (10 marks)

B. How does the ‘devolution of interest in coparcenary property’ take place under the Mitakshara law and how this notion of devolution has undergone changes successively under the Hindu Succession Act, 1956 and the Hindu Succession (Amendment) Act, 2005? (15 marks)

C. Critically examine the character of property inherited by the son from his father in his hands vis-à-vis his son under the provisions of the Hindu Succession Act, 1956. (15 marks)

Question 3

A. What are the conditions that enable a female Hindu to hold the property possessed by her as “full owner thereof and not as limited owner” under the Hindu Succession Act, 1956. (10 marks)

B. Has the concept of ‘limited ownership’ of a female Hindu been done away under the Hindu Succession Act, 1956? Amplify your answer. (10 marks)

C. Seemingly, there is a conflict between sub-section (1) and sub-section (2) of Section 14 of the Hindu Succession Act, 1956 in as much sub-section (2) instantly takes away the gains of sub-section (1). How would you reconcile this seeming conflict and determine the respective ambit of both the sub-sections in the light of the propounding of 3- judge bench decision of the Supreme Court in Tulasamma (1977). (20 marks)

Question 4

A. Whether a Muslim girl below the age of 18 years could contract a valid marriage – Nikah without the consent of her parents. Explain in the light of the basic principles of Islamic jurisprudence. (10 marks)

B. Whether a divorced Muslim woman is entitled to seek maintenance under Section 125 of CrPC after Iddat period in view of the aftermath of Shah Bano case and enacted of Muslim Women (Protection of Rights on Divorce) Act, 1986. (10 marks)

C. Can a Muslim in the exercise of his right as a natural guardian of his children claim the custody of his 9 years old daughter from her mother (his estranged wife)? Explain in the light of the concepts of wilayat and hizanat under Muslim law. (10 marks)

D. A father made a gift inter vivos to his minor son. Critically examine the validity of the said gift in the light of the essentials of Hiba under Mohammadan law. (10 marks)

Question 5

A. ‘Custom is a question of fact and not of inferences.’ Comment and elucidate. (10 marks)

B. ‘Law of limitation simply bars judicial remedy. It neither affects extra-judicial remedies, not the substantive right itself.’ Explain. (10 marks)

C. How do you construes ‘legal disability as embodies under the Limitation Act, 1963. (10 marks)

D. Critically examine the circumstances in which registration of a document can be validity refused by the Registering Authority. (10 marks)

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