Haryana Civil Services (Judicial Branch) Main Written Examination 2019
Civil Law-II
Time: 3 Hours
Maximum Marks: 200
Instructions:
- Attempt all the questions in the same order in which they appear in the Question Paper.
- Marks for individual questions are indicated against each question.
- Support your answers with relevant provisions and case law.
- No extra answer sheet will be provided.
Question 1
A. Critically analyze the theory of divorce by mutual consent as has evolved and presently practiced in the Hindu and Muslim personal laws, Elaborate with the help of relevant provisions, principles and case law. (15 marks)
B. Rajesh used to assault his wife with Swati whenever he returned home drunk. Swati, on not being able to bear the torture left her matrimonial home and went to her parental home. In the meantime, Rajesh developed illicit relations with a woman who he started to visit frequently. Rajesh did not make any attempt to bring Swati back and after a period of 3 years filed for divorce on the ground of Swati’s desertion.
Is Rajesh’s petition maintainable? Also enlist the remedies, if any, that Swati has under the Hindu personal law. Analyze with the help of relevant principles, provisions, and judicial decisions. (15 marks)
C. Critically examine the law of divorce in Islam and elaborate upon Talaq-ul-Biddat analyzing the judicial interpretation pertaining to the validity of Triple Talaq. (10 marks)
Question 2
A. Examine the essential features of the law of adoption amongst the Hindus as laid down in the Hindu Adoptions and Maintenance Act, 1956 and also throw light upon the gradual legislative attempts to make adoptions among Hindu more gender equal. (15 marks)
B. “In a decree of restitution, more non-compliance or non-inclination to restore conjugality is not a wrong so as to deny relief on that ground” Explain the statement and critically evaluate the concept of restitution of conjugal rights in the light of ascertainment of matrimonial home where both the spouses are working. Also, highlight the consequences of non-resumption of cohabitation in proceedings under Section 13 of Hindu Marriage Act, after a decree of restitution with the celebrated principle of “no one can take advantage of their own wrong”. (15 marks)
C. Explain different categories of Guardians under the Hindu Minority & Guardianship Act, 1956 and examine the situations when a guardian loses his or her guardianship rights. (10 marks)
D. An accused was charged for having committed the offences of voluntarily causing hurt and wrongfully restraining a person. The trial commenced as a summons case during the course of which the Magistrate converted it into a warrant case. Was the action of the Magistrate legal? Explain. (10 marks)
Question 3
A. Discuss the legality of the following factual situations stating the correct reason for the same. (4×5 = 20 marks)
i. A document registered by Sub Registrar dealing with an immovable property not situated with his jurisdiction.
ii. Plea relating to jurisdictional fraud in the registration of sale deed not raised in the written statement.
iii. Cancellation of deed of sale unilaterally. iv. Registering authority retaining possession of instrument for want of stamp duty.
B. Explain the maintainability of the suits filed in the context of Limitation Act citing reasons: (2×5 = 10 marks)
i. Suit relating to declaration that an adoption invalid after five years from the date on which the alleged adoption becomes known to plaintiff.
ii. Suit by a mortgagor to recover possession of immovable property mortgaged within thirty years starting from the date on which right to redemption starts.
C. Explain what is deemed partition under the Hindu Succession Act. (10 marks)
Question 4
A. Trace the development of law on Mitakshara coparcenary and state as to how has the Hindu Succession Act effected the Mitakshara Coparcenary in 2005? (15 marks)
B. Critically evaluate the concept of Streedhan and trace the legislative development towards making the Hindu woman absolute owners of the property. Elucidate and illustrate the law on widow’s right to her husband’s estate in light of Section 14 of the Hindu Succession Act, 1956. (15 marks)
C. “The superior position of a Karta is saddled with superior responsibilities. “Elucidate the above-mentioned statement in the context of Karta’s power of management of family affairs and highlight the position of woman in this regard. (10 marks)
Question 5
A. A father made a gift inter-vivos to his minor son. Critically examine the validity of the said gift in the light of essentials of Hiba under Mohammadan law. (10 marks)
B. Examine the significance of customary law in India and the way it has traversed into its present stage of custom being recognized as valid or legal? (10 marks)
C. Write short notes on the following:
i. Doctrine of antecedent debt.
ii. Right to maintenance under Section 125 CrPC
iii. Right of re-conveyance under Registration Act.
iv. Right of Legal Disability under Limitation Act.