Hindu Law MCQ Quiz in मल्याळम - Objective Question with Answer for Hindu Law - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is 'one year or upward.'

Key Points

• Petition for Divorce after Judicial Separation:
  • A petition for the dissolution of marriage by a decree of divorce can be presented if cohabitation between the parties does not resume after a decree of judicial separation.
  • The law specifies that this period of non-resumption must be for one year or more.
  • This provision ensures that parties have a significant period to consider their separation before proceeding with a divorce.

Additional Information

• Other Options:
  • Two years or upward: Incorrect, as the law requires only one year of non-resumption of cohabitation.
  • Six months or upwards: Incorrect, as the period specified by law is one year, not six months.
  • None of the above: Incorrect, because the correct period is explicitly one year or upward.
• Purpose of the Period:
  • This period allows for reflection and potential reconciliation between the parties.
  • It also ensures that the decision to divorce is not taken hastily.

The correct answer is 'All of the above'

Key Points

• Section 18 of the Hindu Marriage Act, 1955:
  • This section prescribes the punishment for various types of prohibited marriages under the Hindu Marriage Act, 1955.
  • The aim is to prevent and penalize marriages that are considered illegal under the act.
• Child marriage:
  • Section 18 includes punishment for child marriages, which are marriages where either party is under the legal age for marriage (18 for women and 21 for men).
  • Punishment includes imprisonment and/or fines.
• Marriage between Sapindas:
  • Marriage between Sapindas (persons within certain degrees of prohibited relationship) is also punishable under this section.
  • This is to prevent inbreeding and maintain social norms.
• Marriage within degrees of prohibited relationship:
  • Marriage between persons falling within the degrees of prohibited relationship is illegal and punishable under Section 18.
  • This helps to uphold the social fabric and moral values.

Additional Information

• Purpose of Section 18:
  • The primary purpose is to deter and penalize illegal marriages that could have adverse social and genetic consequences.
  • It provides a legal framework to challenge and nullify such marriages.
• Legal implications:
  • Any marriage falling under these prohibited categories can be declared void, and the individuals involved can face legal consequences.
  • It ensures that marriages are conducted within the boundaries of the law, promoting social order and ethical conduct.

The correct answer is 'Mutual consent'

Key Points

• Fault Theory of Divorce:
  • The Fault Theory of Divorce requires one spouse to prove that the other spouse is legally at fault for the breakdown of the marriage.
  • This theory is based on specific grounds of fault such as adultery, cruelty, and desertion.
  • The party alleging fault must provide evidence to support their claim in court.
• Adultery:
  • Adultery involves one spouse having a sexual relationship outside the marriage.
  • It is a common ground for divorce under the Fault Theory, where the innocent spouse can file for divorce citing the adulterous behavior of the other spouse.
• Cruelty:
  • Cruelty refers to the infliction of physical or mental harm by one spouse on the other.
  • This can include physical violence, emotional abuse, or any behavior that makes it intolerable for the victimized spouse to continue the marriage.
• Desertion:
  • Desertion occurs when one spouse abandons the other without reasonable cause and without the intention of returning.
  • To qualify as desertion, the abandonment must typically last for a specific period, often one year.

Additional Information

• Mutual Consent:
  • Mutual consent is a no-fault ground for divorce, meaning that neither spouse needs to prove any fault or wrongdoing by the other.
  • Both spouses agree that the marriage has broken down irretrievably and mutually decide to end it.
  • This process is generally quicker and less contentious compared to fault-based divorces.

The correct answer is 'Non-vulnerable disease'

Key Points

• Grounds for Divorce under Sec. 13 of the Hindu Marriage Act, 1955:
  • Cruelty: One spouse has treated the other with cruelty, which makes it intolerable for them to live together.
  • Religious Conversion: One spouse has ceased to be a Hindu by converting to another religion.
  • Leprosy: One spouse has been suffering from a virulent and incurable form of leprosy.

Additional Information

• Non-vulnerable disease:
  • This term is not recognized as a ground for divorce under the Hindu Marriage Act, 1955.
  • The Act specifies certain grounds like cruelty, adultery, desertion, conversion to another religion, mental disorder, leprosy, venereal disease, renunciation of the world, and not being heard of for seven years as valid reasons for seeking a divorce.
• Other Grounds for Divorce:
  • Adultery: One spouse has had voluntary sexual intercourse with someone other than their spouse.
  • Desertion: One spouse has deserted the other for a continuous period of not less than two years immediately preceding the presentation of the petition.
  • Mental Disorder: One spouse has been incurably of unsound mind or has been suffering continuously or intermittently from a mental disorder of such a kind that the petitioner cannot reasonably be expected to live with the respondent.

The correct answer is Option 3.

Key Points

• A. Ashok Hura vs. Rupa Hura - IV. Divorce
  This case is related to divorce proceedings.

• B. Chanmuniya vs. Virender Kumar Kushwaha - II. Live-in-relationship
  This case dealt with the recognition and rights of partners in a live-in relationship.

• C. Dastane vs. Dastane - I. Cruelty
  This case focused on the grounds of cruelty in matrimonial disputes.

• D. Gita Hariharan vs. Reserve Bank of India - III. Guardianship
  This case pertained to the rights of a mother to be the guardian of her child.

The correct answer is Option 2.

Key Points

Matching Provisions with Sections of the Hindu Minority and Guardianship Act, 1956

The Hindu Minority and Guardianship Act, 1956, provides the framework for the guardianship of minors among Hindus. The Act specifies the powers and responsibilities of various types of guardians, including natural, testamentary, and de facto guardians, and emphasizes the welfare of the minor as the primary consideration in guardianship matters.

1. Powers of Testamentary Guardians:

   • Provision:
     • Testamentary guardians are those appointed by a will to take care of a minor and his or her property after the death of the natural guardian.
   • Section 9:
     • This section details the powers and duties of testamentary guardians. It allows a Hindu father to appoint a guardian for his minor legitimate children by will, and a Hindu mother can do so for her minor legitimate children if the father is deceased or has otherwise ceased to be the guardian.

2. Power of Natural Guardian:

   • Provision:
     • Natural guardians are typically the parents of a minor. The natural guardian has the right to take care of the person of the minor as well as manage their property.
   • Section 8:
     • This section outlines the powers of the natural guardian regarding the minor’s property. It includes restrictions on the guardian’s ability to sell, mortgage, or transfer the minor's immovable property without the court's permission, ensuring protection of the minor's interests.

3. Welfare of Minor to be considered by the Court:

   • Provision:
     • The welfare of the minor is the paramount consideration in appointing or declaring a guardian. The court must consider this welfare above all other factors.
   • Section 13:
     • This section emphasizes that in any decision regarding the guardianship or custody of a minor, the court must prioritize the minor’s welfare. It ensures that the child’s best interests are the primary focus in any guardianship or custody proceedings.

4. Bar on the powers of De facto guardian to deal with minor's property:

   • Provision:
     • A de facto guardian is someone who has assumed the responsibility of a guardian without being formally appointed as one. The law imposes limitations on such individuals to protect the minor's property from unauthorized transactions.
   • Section 11:
     • This section bars de facto guardians from dealing with or disposing of a minor's property. It prevents any person who has not been legally appointed as a guardian from making decisions about the minor’s property, thus safeguarding the minor's assets.

Additional Information

• The Act also specifies other guardianship rules, such as the order of preference for guardianship, the rights of minors to choose their guardians upon reaching a certain age, and the procedural aspects of appointing and removing guardians.
• The correct matches are:
  • A. Powers of Testamentary Guardians - Section 9
  • B. Power of Natural Guardian - Section 8
  • C. Welfare of Minor to be considered by the Court - Section 13
  • D. Bar on the powers of De facto guardian to deal with minor's property - Section 11

Therefore, the correct answer is Option 2: A - II, B - I, C - IV, D - III

The correct answer is Option 4.

Key Points

Chronological Order of Grounds of Divorce under Section 13 of the Hindu Marriage Act, 1955

• Section 13 of the Hindu Marriage Act, 1955, provides the grounds on which a marriage can be dissolved by a decree of divorce.

1. Voluntary sexual intercourse with any person other than his or her spouse:

   • Section 13(1)(i):
     • This ground relates to adultery, where one spouse has engaged in voluntary sexual intercourse with someone other than their spouse.

2. Cruelty:

   • Section 13(1)(ia):
     • This ground refers to acts of cruelty by one spouse towards the other, making it impossible for the spouses to live together.

3. Desertion:

   • Section 13(1)(ib):
     • Desertion involves one spouse abandoning the other without reasonable cause and without the consent of the other spouse for a continuous period of not less than two years.

4. Conversion:

   • Section 13(1)(ii):
     • This ground applies when one spouse has ceased to be a Hindu by converting to another religion.

5. Unsoundness of mind:

   • Section 13(1)(iii):
     • This ground refers to situations where one spouse has been suffering from a mental disorder of such a kind and to such an extent that the other spouse cannot reasonably be expected to live with them.

• The correct chronological order of the grounds of divorce as provided under Section 13 of the Hindu Marriage Act, 1955, is:

E. Voluntary sexual intercourse with any person other than his or her spouse (Section 13(1)(i))

C. Cruelty (Section 13(1)(ia))

B. Desertion (Section 13(1)(ib))

A. Conversion (Section 13(1)(ii))

D. Unsoundness of mind (Section 13(1)(iii))

Therefore, the correct answer is Option 4: E, C, B, A, and D.

The correct answer is Option 2.

Key Points 

• Hindu Succession Act, 1956 - Section 15:
  • Section 15 of the Hindu Succession Act, 1956, outlines the order of succession for a female Hindu who dies intestate (without a will).
  • The section specifies a hierarchical order in which the property of the deceased female is to be distributed.
  • The order of succession as per Section 15 is as follows:
    • B. Upon the sons and daughters and the husband: This is the primary line of succession where the property is first given to the immediate family members such as the children and husband of the deceased female.
    • D. Upon the heirs of the husband: If the immediate family members are not alive, the property is passed on to the husband's heirs.
    • C. Upon the mother and father: If the heirs of the husband are not available, the property goes to the parents of the deceased female.
    • A. Upon the heirs of the father: In the absence of the parents, the property is passed to the heirs of the father.
    • E. Upon the heirs of the mother: If none of the above are available, the property goes to the heirs of the mother.

Additional Information

• Other Options Explained:
  • Option 1: B, E, C, D and A
    • This sequence is incorrect because it incorrectly places the heirs of the mother before the parents of the deceased female.
  • Option 3: B, C, E, A and D
    • This sequence is incorrect as it places the heirs of the mother before the heirs of the father, which is not in accordance with the Act.
  • Option 4: C, D, B, E and A
    • This sequence is incorrect because it starts with the parents of the deceased female rather than the immediate family members (children and husband).

The correct answer is option 4.Key Points

•  Before the Hindu Succession (Amendment) Act, 2005 came into force, the heirs of a male Hindu who died intestate (without leaving a will) were determined according to the Hindu Succession Act, 1956.
• Under the original Act, Class I heirs were given priority in inheriting the property of a male Hindu who died intestate. However, there were certain individuals who were not considered Class I heirs or were excluded from inheritance under the Act. Individuals Who Were Not Class I Heirs:
• 1. Daughter:
  • Before the amendment, daughters were not considered Class I heirs and were excluded from inheriting ancestral property.
• Daughters were only entitled to a limited share of the father's property, and their rights were often inferior to those of sons.
• 2. Widow:
  • Although widows were entitled to inherit from their husbands, they were not considered Class I heirs.
  • Their rights to inheritance were separate from the Class I heirs, and they had specific provisions governing their entitlement to property.
• 3. Mother:
  • Under the original Act, the mother of a deceased Hindu was not included as a Class I heir.
  • Instead, the father, sons, daughters, and widow were given priority over the mother in inheriting the property of a male Hindu who died intestate.
• 4. Other Female Relatives:
  • Female relatives such as sisters, grandmothers, and aunts were also not considered Class I heirs under the original Act.
  • They had limited or no entitlement to the property of a male Hindu who died intestate, especially when Class I heirs were present..

The correct answer is option 4.Key Points

•  Section 15 of Hindu Marriage Act 1995 deals with the timing for divorced individuals to remarry after their marriage has been legally dissolved by a decree of divorce. 
• When a court issues a decree of divorce, it means that the marriage is legally ended, and the parties are no longer husband and wife.
• After a divorce decree is issued, either party (the husband or wife) may have the right to appeal the decision if they disagree with it. If there's no right of appeal, or if the time limit for appealing has passed and no appeal was filed, or if an appeal was filed but it was dismissed (rejected).
• In such cases where there's no pending appeal or the appeal process has been completed without success, either party to the divorce is free to marry again. This means that once the legal process of divorce is finalized and any potential appeals are resolved, the divorced individuals are no longer bound by their previous marriage and can enter into a new marriage if they choose to do so.
• In simpler terms, once a divorce is finalized and any appeals are resolved, both parties are free to move on and remarry if they wish. This provision ensures that individuals are not indefinitely bound by their previous marriages and have the opportunity to start anew if they desire..