Question 1

partition under the Mitakashara law means

Accepted Answer

Under the Mitakshara law, partition refers to the division of both status and property among the members of a joint Hindu family. This means that the joint family ceases to exist as a single unit, and its property is divided among the members according to their shares.

Question 2

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

Accepted Answer

Provision has to be made for joint family debts when determining what property is available for partition, as these debts are liabilities of the entire family and must be settled before partitioning the property.

Question 3

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

Accepted Answer

While determining the property available for partition in a joint family, provisions are made for joint family debts, marriage expenses of unmarried daughters, and performance of certain ceremonies. However, the marriage expenses of male members of the family are not typically considered a necessary provision for which allocation must be made during the partition of property.

Question 4

Under the Mitakshara law, partition can be claimed by

Accepted Answer

Under the Mitakshara law, only a coparcener (a male member of the joint Hindu family) has the right to demand a partition. Females and persons claiming through a female do not have the right to demand partition under traditional Mitakshara law.

Question 5

under the Dayabhaga law, partition can be asked by

Accepted Answer

Under the Dayabhaga law, only a coparcener has the right to demand partition.

Question 6

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

Accepted Answer

In Hindu law, a wife is entitled to a share in the partition between her husband and his sons, as she is considered a member of the family unit and has a right to maintenance and support.

Question 7

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

Accepted Answer

Severance of joint family status occurs from the date when the communication of intention to sever is sent, not when it is received by any member. This principle ensures that the decision to sever is effective from the moment the person deciding to sever communicates their intention, making the process more definitive and less dependent on the actions of other family members.

Question 8

A partition can be

Accepted Answer

A partition can be either total or partial, depending on whether it includes all elements of the set it partitions or only a subset of those elements.

Question 9

Seeds of the institution of marriage lie in

Accepted Answer

The institution of marriage historically has been linked to the desire to establish paternity of children, ensuring lineage and inheritance rights.

Question 10

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

Accepted Answer

Section 4 of the Hindu Marriage Act, 1955, provides an overriding effect on any other law, custom, or usage currently in force that is inconsistent with any provision of the Act, ensuring that the Act's provisions take precedence.

Question 11

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

Accepted Answer

A marriage between two persons who are related within the degrees of prohibited relationship is considered void under the law, meaning it has no legal validity from the outset.

Question 12

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

Accepted Answer

The answer of Doctrine of 'factum Valet' in the context...

Question 13

In a case of bigamous marriage, the second wife

Accepted Answer

In a bigamous marriage, the second marriage is considered invalid under the law if the first marriage is still valid and subsisting. Therefore, the second wife does not have the legal status of a wife.

Question 14

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

Accepted Answer

Petitions under the Hindu Marriage Act, 1955 are typically presented before the District Court, as it has the jurisdiction to deal with matters related to marriage, divorce, and related issues under this Act.

Question 15

Section 9 of Hindu Marriages Act, 1955 provides for

Accepted Answer

Section 9 of the Hindu Marriage Act, 1955, deals with the restitution of conjugal rights, allowing a spouse to seek a court order for their partner to resume marital cohabitation if one of them has without reasonable excuse withdrawn from it.

Question 16

A decree of judicial separation

Accepted Answer

A decree of judicial separation does not dissolve the marriage; it merely suspends the cohabitation rights and duties of the spouses, but the marriage continues to subsist.

Question 17

Remedy of restitution of conjugal rights is aimed

Accepted Answer

The remedy of restitution of conjugal rights is aimed at preserving the marriage by requiring the withdrawing spouse to return to the marital consortium unless there is a justifiable reason for staying apart.

Question 18

Adultery is a ground for

Accepted Answer

Adultery is recognized as a valid ground for both judicial separation and divorce in many legal systems. This means that if a spouse commits adultery, the other spouse can file for either judicial separation or divorce based on this ground.

Question 19

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

Accepted Answer

Desertion must continue for a minimum period of two years to mature as a ground for divorce. This period is specified to ensure that the desertion is intentional and permanent, indicating a clear breakdown of the marital relationship.

Question 20

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

Accepted Answer

The answer of A son begotten as well as born...

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