Deck 2: Key Provisions and Rights Under the Hindu Marriage Act, 1955

Question 1

partition under the Mitakashara law means

A)division of status
B)division of property
C)division of status and property
D)division of trust

Answer 1

division of status and property

Question 2

While determining as to what property is available for partition, the provision has to be made for

A)Joint family debts
B)individual debts of the coparceners
C)tainted debts of the father
D)tainted debts of the grandfather.

Answer 2

Joint family debts

Question 3

Provision for which of the following is not to be made, while determining the property available for partition

A)Joint family debts
B)marriage expenses of unmarried daughter
C)marriage expenses of male members of the family
D)performance of certain ceremonies.

Answer 3

marriage expenses of male members of the family

Question 4

Under the Mitakshara law, partition can be claimed by

A)a coparcener
B)a female
C)a person claiming through a female
D)coparcener and a female.

Question 5

under the Dayabhaga law, partition can be asked by

A)a female
B)a person claiming through a female
C)person in mothers womb.
D)A Coparcener.

Question 6

A wife is entitled to a share on partition taking place between her husband and

A)his father
B)his brother
C)his sons
D)other collaterals

Question 7

Severance of joint family status takes place, from the date when the communication

A)is received by the first coparcener
B)is received by the last coparcener
C)is received by the karta
D)is sent

Question 8

A partition can be

A)total
B)partial
C)total or partial
D)No partial

Question 9

Seeds of the institution of marriage lie in

A)mans quest to know the maternity of children
B)mans quest to know the paternity of children
C)quest to know maternity and paternity of children.
D)quest to make a family.

Question 10

Overriding effect to the provision of the Hindu Marriage Act, 1955 have been given, by virtue of

A)Section 3 of Hindu Marriage Act
B)Section 4 of Hindu Marriage Act
C)Section 6 of Hindu Marriage Act
D)Section 29 of Hindu Marriage Act

Question 11

A marriage solemnised between two persons who are related to each other within the degrees of prohibited relationship shall be

A)void
B)Valid
C)illegal
D)voidable

Question 12

Doctrine of 'factum Valet' in the context of ceremonies of marriage cures

A)non observance of necessary ceremonies
B)non observance of essential ceremonies
C)non observance of nuptial fires
D)non observance of Sapthapadi.

Question 13

In a case of bigamous marriage, the second wife

A)has a status of wife
B)has no status of wife
C)may have or may not have a status of wife
D)has a status of concubine.

Question 14

A petition under the Hindu Marriage Act, 1955 can be presented before

A)District court
B)High Court
C)Supreme Court
D)District Court and the High Court

Question 15

Section 9 of Hindu Marriages Act, 1955 provides for

A)Ceremonies Of marriage
B)restitution of Conjugal rights
C)judiacial separation
D)Jurisdiction of court

Question 16

A decree of judicial separation

A)dissolves the marriage
B)does not dissolve the marriage & the marriage subsists
C)marriage is null and void
D)Marriage is Voidable

Question 17

Remedy of restitution of conjugal rights is aimed

A)dissolving the marriage
B)preserving the marriage
C)To declare marriage as illegal
D)to declare marriage as immoral.

Question 18

Adultery is a ground for

A)Judicial separation
B)Divorce
C)Judicial separation and divorce both
D)Only divorce and not judicial separation.

Question 19

To mature as a ground of divorce, the desertion must continue for a minimum period of

A)One year
B)Two years
C)Three years
D)Five years

Question 20

A son begotten as well as born after partition, is entitled to have the partition re-opened, where

A)father has reserved a share to himself
B)father has not reserved a share to himself
C)father has or has not reserved a share to himself
D)father is of unsound mind.

Question 21

When a minor coparcener files a suit for partition through the guardian or the next friend and the court finds the partition being for the welfare of the minor, the partition/ severance of status place from the date.

A)of the institution of the suit
B)of the courts order
C)fixed by the court.
D)agreed upon by the parties.

Question 22

If a minor dies during the pendency of the suit

A)Suit cannot be continued by the legal representatives of the minor
B)Suit can be continued by the legal representative of the minor
C)Suit can be continued by the legal representatives of the minor only with the consent of other coparceners.
D)Suit can be continued by next friend.

Question 23

A Widow- mother on partition between the sons, is entitled to a share in the coparcenary property

A)equal to that of a son
B)1/3 of that of a son
C)½ of that of a son
D)1/4 of that of a son

Question 24

A wife on partition between her husband and his sons, is entitled to a share in the coparcenary property.

A)½ of that of a son
B)1/3 of that of a Son
C)¼ of that of a son
D)equal to that of a son

Question 25

Hindu Marriage Act, 1955 recognises

A)Physical cruelty
B)Mental cruelty
C)Physical and mental cruelty
D)No cruelty.