Hindu Law MCQ Quiz - Objective Question with Answer for Hindu Law - Download Free PDF

The correct answer is 'Arrange the grounds in chronological order where a Hindu wife is entitled to claim maintenance while living separately from her husband as per the Hindu Adoption and Maintenance Act, 1956': (A), (B), (D), (C), (E).

Key Points

• Hindu Adoption and Maintenance Act, 1956:
  • The Act provides a framework for a Hindu wife to claim maintenance from her husband while living separately on specific legal grounds.
  • Section 18 of the Act outlines the conditions under which a Hindu wife is entitled to live separately from her husband and claim maintenance.
  • The grounds include specific faults or circumstances concerning the husband that justify the wife’s decision to live separately.
• The chronological order of grounds as per the Act:
  • (A) If he is guilty of desertion (abandoning the wife without reasonable cause).
  • (B) If he has any other wife living (bigamy).
  • (D) If he keeps a concubine in the same house or habitually resides with her elsewhere.
  • (C) If he has ceased to be a Hindu (conversion to another religion).
  • (E) If there is any other cause justifying her living separately (broad and inclusive provision to cover other valid reasons).

Additional Information

• Explanation of Incorrect Options:
  • Option 1 (A), (B), (C), (D), (E): This arrangement incorrectly places (C) before (D), which does not align with the priority in the Act.
  • Option 2 (A), (D), (B), (C), (E): This sequence incorrectly prioritizes (D) over (B), which is not consistent with the Act's provisions.
  • Option 3 (A), (C), (B), (D), (E): This arrangement places (C) before (B), which is not in chronological order as per the Act.
• Key Importance of Section 18 in the Act:
  • It ensures that a Hindu wife is protected and has legal recourse if her husband engages in actions that harm her well-being or dignity.
  • The provision reflects the progressive approach of the law to safeguard women’s rights within marriage.

The correct answer is 'Cases (A), (B), (C), (D) Only'

Key Points

• Restitution of Conjugal Rights under Hindu Marriage Act, 1955:
  • The concept of restitution of conjugal rights is enshrined in Section 9 of the Hindu Marriage Act, 1955.
  • It allows a spouse to file a petition in court if the other spouse has withdrawn from their society without reasonable cause, seeking the return of matrimonial rights.
  • The court, after being satisfied with the petition, may decree restitution of conjugal rights, compelling the erring spouse to resume cohabitation.
• Cases Related to Restitution of Conjugal Rights:
  • T. Sareetha v/s Venkatasubbaiah: This landmark case examined the constitutionality of Section 9 of the Hindu Marriage Act. The Andhra Pradesh High Court held that restitution of conjugal rights violates the right to privacy and human dignity under Article 21 of the Indian Constitution.
  • Parkash v/s Parmeshwari: This case discussed the applicability of Section 9 and the circumstances under which restitution of conjugal rights can be decreed.
  • Tirath v/s Kripal Singh: The court dealt with the issue of whether a petition for restitution of conjugal rights could be entertained when there was no valid reason for withdrawal of society by one spouse.
  • Harvinder Kaur v/s Harmander Singh: This case upheld the constitutionality of Section 9 and countered the decision in T. Sareetha by emphasizing the importance of marriage as an institution in Indian society.

Additional Information

• Why 'Sureshtha Devi v/s Om Prakash' is not relevant:
  • This case is primarily associated with the concept of mutual consent divorce under Section 13B of the Hindu Marriage Act, rather than restitution of conjugal rights.
  • The case clarified the legal requirement of the "cooling-off period" in mutual consent divorce petitions and does not involve Section 9 of the Act.
• Key Constitutional Challenges:
  • The restitution of conjugal rights provision has been challenged for violating fundamental rights like the right to privacy (Article 21) and equality (Article 14).
  • Different High Courts have held conflicting views on its constitutionality, with the Supreme Court yet to conclusively settle the issue.
• Impact on Indian Family Law:
  • The principle of restitution of conjugal rights reflects the societal importance of marriage and family in India, where the institution of marriage is considered sacrosanct.
  • However, critics argue that enforcing cohabitation undermines individual autonomy and dignity, especially in cases of marital discord or abuse.

The correct answer is Option 1

Key Points Section 13. Welfare of minor to be paramount consideration.—(1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.
(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor. 

The correct answer is Option 1

Key Points Section 18: Maintenance of Wife
Entitlement: A Hindu wife is entitled to maintenance from her husband for her lifetime.
Conditions for Separate Maintenance: A wife may live separately without forfeiting maintenance if:

• The husband deserts her without reasonable cause.
• The husband subjects her to cruelty.
• The husband has another wife living.
• The husband resides with a concubine in the marital home or habitually elsewhere.
• The husband converts to another religion.
• Any other justifiable cause exists for her to live separately.
• Disqualification: A wife is not entitled to maintenance if she is unchaste or converts to another religion.

Section 19: Maintenance of Widowed Daughter-in-Law

• Entitlement: A widowed daughter-in-law is entitled to maintenance from her father-in-law if she cannot support herself through her own earnings or inheritance.
• Conditions: Maintenance is dependent on the father-in-law’s ability to provide from his share of coparcenary property not shared with the daughter-in-law.
• Termination: Obligations cease upon the daughter-in-law’s remarriage.

Section 20: Maintenance of Children and Aged Parents

• Entitlement: A Hindu is obligated to maintain legitimate or illegitimate minor children and infirm or aged parents.
• Extent of Obligation: The duty extends as far as the parent or unmarried daughter is unable to maintain themselves through their earnings or property.
• Inclusion: The term "parent" includes a childless step-mother.

Section 22: Maintenance of Dependents

• Entitlement: Heirs of a deceased Hindu are bound to maintain the deceased’s dependents from the inherited estate.
• Conditions:
• Dependents not provided for by testamentary or intestate succession are entitled to maintenance from those inheriting the estate.
• Liability among heirs is proportional to the share of the estate each inherits.
• Exemption: A dependent who inherits a share less than what would be awarded as maintenance is not liable to contribute to the maintenance of others.

The correct answer is Option 2

Key PointsHindu Succession Act, 1956, an "agnate" of an individual is someone who is related to that individual by blood or adoption, and the connection is made entirely through the male line. This includes relationships traced through an unbroken line of male descent.

The correct answer is Option 3.

Key PointsSection 28 of the Hindu Marriage Act :- Appeals from decrees and orders

1. All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.
2. Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.
3. There shall be no appeal under this section on the subject of costs only.
4. Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.

The correct answer is Option 4.

Key Points

• In the case of Jijabai Vithalrao Gajre v. Pathan Khan (AIR 1971 SC 315), the appellant, Jijabai Vithalrao Gajre, obtained a piece of land measuring 27 acres and 37 gunthas from her father under a gift deed. As the owner of the land, she served a notice dated March 31, 1962, on the tenant, informing him of her intention to terminate his tenancy of the land on the ground that she required the land for her personal cultivation. Subsequently, an application was filed under section 36, read with section 39 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, for termination of the tenant's tenancy and for directing him to surrender possession of the entire land.
• The case involved the interpretation of the Hindu Minority and Guardianship Act, 1956, particularly the determination of the natural guardian in the context of the father and mother living separately, and the implications of this situation for the management and legal representation of the minor daughter. It was established that the father and mother had fallen out long ago, leading to the daughter being looked after and protected by her mother, Smt Chandrabhaga bai, who was managing the suit properties on behalf of her minor daughter.
• The Naib Tahsildar held that the landlord's application under Section 36 read with Section 39 was maintainable and that the notice issued by her on March 31, 1962, was valid. The High Court differed from the views expressed by the Revenue Tribunal on the legal validity of the lease granted by the mother of the landlord in favor of the tenant and the maintainability of the application filed by the landlord under Section 39 of the Act. The High Court held that even if the oral leases from 1951 onwards are eliminated, there has been a written lease executed by the tenant on February 12, 1956, in favor of the landlord represented by her mother for the year 1956-57, which was legal and valid. Therefore, it was concluded that the tenancy had been created prior to the first day of April, 1957, impacting the application of Section 39 of the Act.
• In light of these interpretations, the High Court held that the application filed by the landlord could be treated as one filed under Section 36, read with Section 38. Applying Section 38, the landlord was entitled to possession of half of the leased area, leading to the High Court's directions to effect a division of the leased properties into two halves and place the landlord and the tenant in possession of one portion each.
• Ultimately, the appeal was dismissed with costs awarded to the first respondent based on these legal determinations and conclusions.

Correct Option: Option 2, "be the step mother of that adopted child"
HintAccording to the Hindu Adoption and Maintenance Act, 1956, when a bachelor male adopts a child and then marries, his wife does not automatically become the adoptive mother of the child. Instead, she is considered the stepmother of the adopted child. The legal relationship between the child and the woman is that of a stepchild and stepmother, not that of an adoptive child and adoptive mother.
Overview of Incorrect Options:
Option 1: "be the adoptive mother of that adopted child" - This is incorrect because the marriage of the woman to the adoptive father does not change her legal status to that of an adoptive mother. Adoption laws specify who can be considered an adoptive parent, and simply marrying an adoptive father does not meet these criteria.
Option 3: "be the adoptive mother of that child if the child accepts her as mother" - This option is incorrect because the legal status of being an adoptive mother is not contingent upon the child's acceptance. The process of adoption and the legal status it confers are governed by specific laws and procedures, not by the personal feelings or acceptance of the child.
Option 4: "be the adoptive mother of that child at her discretion" - This is incorrect because the decision for a woman to become an adoptive mother involves legal procedures and cannot be determined solely at her discretion. Adoption is a legal process that requires adherence to specific laws and regulations, not just personal choice.
Additional Information

• The Hindu Adoption and Maintenance Act, 1956, sets forth specific criteria and procedures for adoption within the Hindu community. It outlines who can adopt, who can be adopted, and the legal effects of adoption.
• It's important to understand that adoption and the assignment of parental roles within the context of this law are subject to legal definitions and procedures, rather than personal or familial agreements.

The correct answer is 'Pokur V. Pokur'

Key Points

• Pokur V. Pokur:
  • This case established that the widow of a coparcener, including the widow of the Karta (head of the joint family), is entitled to maintenance out of the joint family property.
  • The decision reinforces the rights of widows within the Hindu joint family system, ensuring their financial support and protection.
  • The ruling is significant in the context of Hindu family law, which traditionally prioritizes male heirs but recognizes the maintenance rights of widows.

Additional Information

• Herani V. Malibai:
  • This case did not address the issue of maintenance for the widow of a coparcener from joint family property.
  • It might focus on other aspects of family law, but it is not relevant to the specific question of widow's maintenance rights.
• Sama V. Magan Lal:
  • Similar to Herani V. Malibai, this case does not deal with the maintenance rights of widows within a joint family.
  • The case may involve different aspects of family or property law.
• Lakshmi V. Sundaramma:
  • Although this case might pertain to family law, it does not specifically address the maintenance entitlements of widows from joint family property.
  • It is not relevant to the context of the provided query.

The correct answer is Option 1.

Key Points

 Key PointsPrecedents
Precedents refer to the judgments or decisions made by courts in the past that are used as a reference for deciding similar cases in the future. In the context of Hindu law, precedents are not considered an ancient source. They are more associated with modern legal systems and the application of case law.
Additional InformationSmriti:
- Smritis are considered one of the ancient sources of Hindu law. They are traditional texts that include the Dharma Shastras, which provide guidelines on various aspects of life and law. Famous examples include the Manusmriti, Yajnavalkya Smriti, and Narada Smriti.
Digests:
- Although not as primary as Shruti or Smriti, digests (Nibandhas) and commentaries on these texts have played a crucial role in interpreting and explaining the ancient texts. They are considered secondary sources but are still rooted in ancient teachings and practices.
Shruti:
- Shruti texts are considered the foremost authority in Hindu tradition. They are believed to be of divine origin and include the Vedas, which are the oldest sacred texts of Hinduism. Shruti literature is foundational, providing the core teachings and philosophies of Hindu law and spirituality.
Summary:
Precedents, being a part of modern legal systems and not ancient Hindu law, are correctly identified as not an ancient source of Hindu law. Other options like Smriti and Shruti are foundational texts, and digests serve as important commentaries, all of which contribute to the ancient legal and philosophical framework of Hinduism.

Key Points

The given statements are:
Assertion A: A bigamous marriage is void under Hindu Law.
Reason R: A child born out of a void marriage is a legitimate child of his parents.
To analyze the given statements, we need to understand the legal principles behind both the assertion and the reason:
Assertion A Explanation:
Under Hindu Law, specifically the Hindu Marriage Act, 1955, a bigamous marriage, meaning a marriage entered into while one spouse is still legally married to another person, is indeed considered void. Section 11 of the Hindu Marriage Act explicitly declares such marriages null and void. This is because Hindu law mandates monogamy. Thus, the assertion is true.
Reason R Explanation:
Regarding the legitimacy of children born out of void marriages, the Hindu Marriage Act, 1955, particularly Section 16, states that children born of void or voidable marriages are deemed legitimate. This provision was made to protect the interests and rights of children born from such unions, ensuring they are not penalized for the actions of their parents. Hence, the reason is also true.
Correct Option Analysis:
Given that both the Assertion A and Reason R are true, we need to determine if Reason R is the correct explanation for Assertion A. The assertion deals with the legality of bigamous marriages under Hindu Law, while the reason deals with the legitimacy of children born from such unions. Although both statements are factually correct, the reason (legitimacy of children) does not serve as an explanation for why bigamous marriages are void. They are related in the context of consequences arising from a void marriage but address different aspects of the law. The assertion is about the legality of the marriage itself, while the reason is about the status of children born from such marriages.
Therefore, the correct option is: 2) Both A and R are true but R is NOT the correct explanation of A.
Rationale Behind the Choice:
The reason (R) does not explain why bigamous marriages are considered void under Hindu Law (A); instead, it addresses a separate consequence of such marriages being declared void, which is the legitimacy of children born from them. Hence, while both statements are correct, they address different legal issues, making option 2 the accurate choice.

Hint

Correct Answer: Daughter includes posthumous daughter.
Explanation: Under the Hindu Succession Act, 1956, a posthumous daughter (a daughter born after the death of her father) is considered a Class I heir, just like a daughter born during the lifetime of the father. This ensures that the rights of inheritance are not denied to a daughter simply because she was not born before her father's death.
Incorrect Options:
- Natural born daughters and not adopted daughters: This statement is incorrect because, according to the Hindu Succession Act, both natural and adopted daughters have equal rights to inherit the property of their parents. The Act does not discriminate between natural and adopted daughters in matters of inheritance.
- Stepdaughter is included: This is not accurate in the context of the Hindu Succession Act, 1956. Stepdaughters do not have the same rights to inheritance as natural or adopted daughters under this Act. The Act specifically pertains to the biological or legally adopted children of the deceased.
- Unchastity of daughter is a bar to inheritance: This statement is outdated and incorrect. The Hindu Succession Act does not consider the chastity of a daughter as a criterion for her eligibility to inherit property. The Act ensures equal inheritance rights to daughters, irrespective of their marital status or personal life choices.

The correct answer is Void Marriages.

Key Points

• Section 11 of The Hindu Marriage Act, 1955, provides for Void marriages.
• It states that —Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. 

Key Points

Factum of Separation (A): This refers to the actual physical separation between the spouses. It is a necessary condition for desertion, as it establishes that the spouses are living apart. Hence, Statement A is correct.
Animus Deserendi (B): This Latin term translates to the intention to desert, which is a crucial component of desertion under the Hindu Marriage Act, 1955. It implies that one spouse has the intention to permanently end the cohabitation with the other spouse without any reasonable cause and without the consent of the other spouse. Hence, Statement B is correct.
Prescribed period of 2 years must have passed before presentation of petition (C): According to the Hindu Marriage Act, 1955, for a petition of divorce to be filed on the grounds of desertion, the desertion must have continued for at least two years immediately preceding the presentation of the petition. Therefore, Statement C is correct.
With reasonable cause (D): This statement is not accurate in the context of desertion under the Hindu Marriage Act, 1955. Desertion implies the absence of reasonable cause. The spouse leaving the matrimonial home does so without any justified reason and without the consent of the other spouse. Hence, Statement D is incorrect.
Without the consent of the petitioner (E): For an act to qualify as desertion, it must be without the consent of the other spouse (the petitioner in the divorce case). If the separation occurs with mutual consent, it cannot be considered desertion under the law. Hence, Statement E is correct.
Given the above explanations:
- Statement A (Factum of Separation) is correct because it is a requirement for desertion.
- Statement B (Animus Deserendi) is correct as it highlights the intention behind the separation.
- Statement C (Prescribed period of 2 years must have passed before presentation of petition) is correct, aligning with the legal requirement under the Hindu Marriage Act, 1955.
- Statement D (With reasonable cause) is incorrect as desertion implies leaving without a reasonable cause.
- Statement E (Without the consent of the petitioner) is correct, emphasizing the non-consensual aspect of desertion.
Therefore, the correct answer is option 3 (A, B, C, and E only).