Hindu Law MCQ Quiz in मल्याळम - Objective Question with Answer for Hindu Law - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Option 3  

Key Points

• Section 13A of the Hindu Marriage Act allows the court, in a divorce proceeding, to issue a decree for judicial separation instead of a decree of divorce if it considers it just based on the circumstances of the case.
• This alternative relief cannot be applied when the petition is based on the grounds mentioned in clauses (ii), (vi), and (vii) of sub-section (1) of section 13.
• Judicial separation allows the parties to live apart without legally ending the marriage, providing an opportunity for reconciliation or resolution of differences without the finality of divorce.
• Explanation:
• ​Option a) Granting alimony to the petitioner:

This option is incorrect because Section 13A specifically addresses the relief of judicial separation, not financial support like alimony. Alimony is a separate issue that can be addressed during divorce proceedings but is not the alternate relief specified in Section 13A.

• Option b) Issuing a decree for annulment:

This option is incorrect because annulment and judicial separation are distinct legal remedies. Annulment declares a marriage null and void as if it never existed, while judicial separation allows the couple to live apart without dissolving the marriage. Section 13A provides for judicial separation, not annulment.

• Option d) Granting custody of children to one party:

This option is incorrect because custody matters are separate issues dealt with under different provisions of family law. Section 13A pertains to the relief of judicial separation as an alternative to divorce, not to decisions regarding child custody.

The correct answer is Option 3

Key Points

• Section 3(f) of the Hindu Succession Act defines "heir" as any person, irrespective of gender, who is entitled to succeed to the property of an intestate (someone who dies without leaving a will) under this Act.
• Therefore, both males and females can be heirs under the Hindu Succession Act.
• The Act ensures gender-neutral inheritance rights.

The Correct answer is Option 2

Key Points

• Section 30 of the Hindu Succession Act permits any Hindu to make a testamentary disposition, commonly known as a will, regarding property that is eligible for such disposition.
• The terms and conditions for such dispositions are to be in accordance with the provisions outlined in the Indian Succession Act, 1925 (Act 39 of 1925), or any other prevailing law applicable to Hindus.
• It is important to note that the interest of a male Hindu in a Mitakshara coparcenary property, or the interest of a member of a tarwad, tavazhi, illom, kutumba, or kavaru in the property of the respective group, is considered property capable of being disposed of by the individual, irrespective of the regulations stated in the Hindu Succession Act or any other existing law.

Option 3 : both legitimate as well illegitimate minor children 

Key Points 

Section 26 of the Hindu Marriage Act, 1955 reads as :

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made:Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

The correct answer is Option 4 

Key Points 

• The Hindu Marriage Act, of 1955, primarily governs marriage laws for Hindus in India. Citizenship is not a requirement for the application of this act.
• The act applies to Hindus, including Buddhists, Jains, and Sikhs, and also to any person who is not a Muslim, Christian, Parsi, or Jew by religion.
• So, irrespective of citizenship, if a person falls under the categories mentioned in the act, they can get married under its provisions.

The correct answer is ​Permanent alimony and maintenance.

Key Points

• Section 25 of The Hindu Marriage Act, 1955, provides for Permanent alimony and maintenance.
• It states that —(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
  (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
  (3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

The correct answer is sixty days.

Key Points

• Section 26 of The Hindu Marriage Act, 1955, provides for the Custody of children.
• It states that —In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made:
  Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

The correct answer is Section 21 B.

Key Points

• Section 21B of The Hindu Marriage Act, 1955, provides for the Special provision relating to trial and disposal of petitions under the Act.
• It states that —(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
  (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
  (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

The correct answer is one year.

Key Points

• Section 13 of The Hindu Marriage Act, 1955, provides for Divorce.
• Section 13 (1A) states that: Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
  (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
  (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

The Correct answer is Option 2

Key Points Revanasiddappa v. Mallikarjun 2023 Rights of Children from Null and Void Marriages.

• The  3-judge bench led by CJI DY Chandrachud has settled the issue as to whether a child, born from a marriage that is null and void under the Hindu Marriage Act, 1955 (HMA), is entitled to ancestral/coparcenary property or only to the self-earned/separate property of the parents. 
• It was held that when an individual falls within the protective ambit of sub-section (1) or sub-section (2) of Section 16 of the HMA, they would be entitled to rights in or to the absolute property of the parents and no other person.