Family Law MCQ Quiz in தமிழ் - Objective Question with Answer for Family Law - இலவச PDF ஐப் பதிவிறக்கவும்

Correct Option: Void as his second marriage amounts to bigamy

Key Points

Under Indian law, specifically the Hindu Marriage Act, 1955, bigamy is illegal for Hindus. A Hindu male converting to Islam and marrying again without legally dissolving his first marriage is committing bigamy. The law does not recognize the second marriage as valid if the first marriage is still in existence, regardless of the change in religion.
Incorrect Options:
Valid as he married after conversion to Islam which permits bigamy: This option is incorrect because, despite his conversion to Islam, the Indian legal framework does not allow a person to escape obligations and laws applicable to their original religion by simply changing their religion. The act of bigamy is evaluated based on the fact that he was already married under the Hindu law, which continues to hold him accountable.
Valid as his wife died after his marriage to Muslim girl: This option is incorrect because the validity of the second marriage is determined at the time it was conducted, not by subsequent events. At the time of his second marriage, his first wife was still alive, and he had not legally dissolved his first marriage, making the second marriage invalid.
Void as he has not taken the consent of his Hindu wife: While it's true that the consent of the first wife could be a moral or ethical consideration, the legal issue at hand is the act of bigamy itself. The absence of the first wife's consent is not the primary legal reason for the second marriage being void; rather, it is the existence of the first marriage that invalidates the second one.

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).

Key Points

Correct Explanation for Option 4:
Children born out of a void Hindu marriage are considered legitimate but their right of inheritance is limited only to the property of their parents. This is in accordance with the Hindu Marriage Act, 1955, which aims to provide protection and rights to children born from such marriages.
This provision ensures that children have financial security and a claim to their parent's property, even though the marriage itself may not be legally recognized. It is a significant aspect of family law that seeks to safeguard the interests of children.
Overview of Incorrect Options:
Option 1 (Illegitimate): Incorrect because, under the Hindu Marriage Act, children born from a void marriage are not considered illegitimate. The law provides them with certain rights, including the right to inherit their parent's property.
Option 2 (Legitimate): This option is partially correct in stating that the children are legitimate. However, it does not specify that their inheritance rights are limited to their parent's property, which is a crucial aspect of their legal status.
Option 3 (Illegitimate, having no rights in the ancestral property): This option is incorrect as it denies the children any inheritance rights. While their rights are limited, they are not entirely absent. They do have rights to their parent's property, contradicting the implication of this option.
In summary, the law recognizes the legitimacy of children born out of void Hindu marriages but specifically limits their inheritance rights to their parent's property, ensuring they have a legal claim to support and protection without extending these rights to ancestral property.

Key Points

Correct Answer: Stepfather of the child
Explanation: When an unmarried woman adopts a child and later marries, the man she marries does not automatically become the adoptive father of the child. Instead, he is considered the stepfather because he has not legally adopted the child himself. The relationship is established through marriage to the child's legal parent (the adoptive mother), not through a legal process of adoption.

The correct option is ' Void'.

Key Points

• Under Muslim law, marriage is not only a contract but also a sacred covenant.
• It has its own set of rules and stipulations that are to be strictly followed to ensure the legality of the marriage under Islamic jurisprudence.
• One of the fundamental rules in Muslim law is that a woman cannot be married to another man while her current husband is still alive and they are legally married.
• This rule is in place to protect the sanctity of marriage and to prevent polyandry, which is not permitted in Islam.
• Therefore, a marriage with a woman whose husband is alive and to whom she is still legally married is considered void under Muslim law.
• This means that the marriage is invalid from the outset, and no legal rights or obligations arise from it.

Additional Information

• Void marriages in Muslim law are those that do not meet the essential requirements of a valid marriage contract. These requirements include the consent of both parties, absence of legal disability, and observance of the proper form of marriage.
• Such marriages do not produce any civil rights or obligations between the parties and are treated as if they never occurred.