PCS-J Interview Questions Hindu law

Ans. So far as regards inheritance- In Mitskshara School of Law. The principle of inheritance is consanguinity. In Dayabhaga the principle of inheritance is spiritual efficiency. In the Mistakshra School of law,the Doctrine of factum Valet is recognized to a very limitedextent. Though this doctrine is fully recognized in Dayabhaga school.

Q. Whether a marriage between male age of 18 years and a female of age 15 years is punishable and may be declared void or voidable?

Ans. Such marriage shall be voidable at the option of a girl according to section 13(2) sub-section (iv). She can repudiate the marriage.

Q. What is Factum Valet?

Ans. The doctrine “Factum Valet” means a fact cannot be altered by a hundred texts. This doctrine was originally enunciated by the author of the Dayabhaga School and was recognized by the followers of the Mitakshara School.

Q. In which case the Section 9 of the Hindu Marriage Act was declared unconstitutional?

Ans. In the case of T Sareetha v. Venkata Subbaiah AIR 1983 Andhra Pradesh. The Andhra Pradesh High Court has said that the remedy of restitution of Conjugal rights is unconstitutional.

Q. Which provision of the C.P.C provides for the execution of a decree for restitution of Conjugal rights?

Ans. Order XXI r 32 and 33 of the code of civil procedure.

Ans. The case Suman Kapoor v. Sudhir Kapoor AIR 2009 SC 589, is related to cruelty. It was held that Men’s rea is not an essential element of cruelty.

Q. What new grounds for Divorce are proposed to be inserted under section 13 of the Hindu Marriage Act?

Ans. Section 13-B has been inserted in the Hindu marriage act as divorce by mutual consent.

Q. What is the Doctrine of Relation Back?

Ans. According to this doctrine a son adopted by the widow under the authority of her husband was deemed to have been adopted on the day the husband died.

Q. What are the essentials for taking an adoption?

Ans. The following elements are required to take an adoption-

1. Both males and females can take adoption.

2. The person taking adoption must be major.

3. Such a person must be of sound mind. A person is not married, or if married whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be unsound mind.

Q. Whether the registration of a marriage is Compulsory? If the legislature has passed an Act for Compulsory registration of a marriage, what would its effect be?

Ans. The provision regarding the Registration of Hindu marriage is given under section 8 of the Hindu marriage act. This registration is not compulsory. The document is only proof of Hindu marriage due to lackof registration. The validity of any Hindu marriage shall not be affected.

Q. What are the purposes of the Special Marriage Act, of 1954?

Ans. The main reason behind passing the special marriage Act 1954 was to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.

Q.What is the case of Dastane vs Dastane?

Ans. This case is related to the matter of cruelty. In this case, JusticeChandrachud said that the burden of proving lies on the petitioner and the cruelty may be proved by balance of probabilities.

Q. What is Alimony?

Ans. Alimony is an allowance paid under a court order by one spouse to another when they are separated but not divorced.

Q. What is a women’s Estate? What was its limitation?

Ans. Woman’s Estate means all property that has come to a woman by any means and from any source whatsoever and includes both property in which she has absolute interest and property in which she has only a limited interest.

Section 14 of the Hindu Succession Act 1956 has an absolute woman’s estate that has virtually introduced Vijananeshwara’s interpretation of Stridhan.

Q. What major changes have been brought regarding Sec. 23, 24 of the Hindu Succession Act?

Ans. Section 23 and 24 of the Hindu Succession Act has been omitted respectively by section 4 and 5 of the Hindu Succession (Amendment) Act, 2005.

Q. Who are testamentary guardians and De- facto guardians?

Ans. Testamentary Guardian is the guardian of a minor who is appointed by the minor’s father or mother. He has all the powers and rights and obligations of the natural guardian.

Defacto guardian means a self-appointed guardian. He is a person who takes continuous interest in the welfare of the minor’s person or in the management and administration of his property without any authority to law.

Q. What is Donation Mortis Causa?

Ans. This is a deathbed gift, made by a dying person with the intent that the person receiving the gift shall keep the thing if death ensues.

Q. What is the basic difference between maintenance under Hindu Marriage Act and Hindu Adoption and Maintenance Act?

Ans. According to Hindu Adoptions and Maintenance Act 1956, SC said that it does not rest upon contract. It is a liability created by Hindu law and arises out of the jural relations of the parties.

The obligations to maintenance are not only statutory in nature but personal.

Q. What is the transitional period provided v/s 13 B of the Hindu Marriage Act?

Ans. One year.

Q. Whether any provision for appeal against the decree passed by the Court? What is its limitation period?

Ans. Under Section 28 of the Hindu marriage act. Every such appealshalllie to the court to which appeals ordinarily lie from the decision of the court.

Every such appeal shall be filed within a period of ninety days from the date of decree or order.

Q. If the High Court has passed a decree of divorce, what would be the limitation period for prefer an appeal?

Ans. Sixty days to the Supreme Court of India from the date of grant of certificate of fitness by the concerned High Court.

Q. What is’ Escheat’?

Ans. This is a doctrine of common law. This is applied to the transfer of the title to a person’s property to the state when the person dies intestate without any other person capable of taking the property as an heir.

Q. Whether the provisions of the Hindu Laws are applicable to the members of the Scheduled Tribe?

Ans. No.

Q. What are the demands of the Khap- panchayat regarding the provision of the Hindu Law?

Ans. The demand of Sarva Khap Panchayat is concerned with the amendment in the Hindu marriage act. They have sought a legal ban on same gotra same-village marriage. They have also demanded that the state government should impose a ban on late-night wedding.

Q. Whether Hindu law is Lex Loci?

Ans. Hindu law is not Lex Loci.

Q. Tell me the main sources of Hindu law?

Sruits
Smritis
Justice equality good conscience
Customs
Commentaries and Digests
Judicial decisions.

Q. What is judicial separation?

Ans. This is defined under section 10 of HMA. Judicial separation is a state of relations between husband and wife when they are under no obligation to live together or to perform material obligations for each other.

The decree of judicial separation does not terminate the marriage.

Q. What do you mean by Agnate and cognate?

Ans. Agnate means a person related by blood or adoption but wholly through males, whereas cognate means a person related by blood or adoption but not wholly through males.

Q. What do you mean by unchastity?

Ans. If the wife is living in adultery and persists in that course, she would be deemed to be unchaste.

Q.Generally who are deemed as guardians?

Ans. Generally, the father is the natural guardian of the person and of the separate property of hisminor children and next to his mother.

Q. What do you mean by Testamentary guardian?

Ans. The testamentary guardians of a minor are those who are appointed by a will of the natural guardian entitled to act as guardian for the minor.

Q. What do you mean by the de facto guardian of a minor?

Ans. A de facto guardian of a minor is not a natural guardian or not a testamentary guardian. The person who shall perform the function of guardian of a minor is called a de facto guardian.

Q. Void marriage and voidable marriage destination?

Ans. A void marriage is void ab initio. A voidable marriage, on the other hand, is a marriage that is valid for all purposes unless it is annulled by the District Court on the petition of the aggrieved party.

Q. Tell me, about the legitimacy of children of void and voidable marriage?

Ans. Under Section 12 of the HMA the children of such marriage have been declared.

Q. Who is called Dharmapatni?

Ans. A legitimate wife is called dharmapatni.

Q. What is the meaning of Sapinda?

Ans. It means the same pinda. It means a relation connected through the same body, and secondly, relation connected through the funeral oblation of food.