Judiciary Mcqs Of The Day: Family Law

Q1. A Muslim male cannot marry
a)    Wife’s mother
b)    Son’s wife
c)    Foster sister
d)    All of the above
 
Answer – d) All of the above

Explanation - 
According to Islamic law (Sharia), there are certain categories of women whom a Muslim male cannot marry. These include:
●    Wife's mother: A man cannot marry his wife's mother (mother-in-law) under any circumstances.
●    Son's wife: A man cannot marry his son's wife (daughter-in-law) as long as the marriage between his son and daughter-in-law is valid.
●    Foster sister: A man cannot marry his foster sister, who has been breastfed by the same woman.
These prohibitions are based on specific rules and principles within Islamic jurisprudence to maintain social and familial order and to prevent incestuous or inappropriate relationships.

Q2. If a parties to a hindu marriage are ‘Sapinda’ to each other, then the marriage is?

a)    Valid
b)    Void
c)    Voidable
d)    Depends on the case
 

 
Answer - b) Void

Explanation:
In Hindu law, if parties to a marriage are within the prohibited degree of relationship known as "Sapinda" to each other, the marriage is considered void. This means the marriage is legally invalid right from the beginning and is treated as though it never existed.

Sapinda Relationship:
According to Hindu law, two persons are said to be "Sapinda" to each other if one is a lineal ascendant of the other within the limits specified.
The prohibition of marriage within the Sapinda relationship aims to prevent marriages that are considered too close and would be incestuous under Hindu customs.
Consequence of a Void Marriage:
●    A void marriage is invalid ab initio (from the beginning).
●    It does not create any legal rights or obligations between the parties.
●    Both parties are considered never to have been legally married.

Q3. Lakshmi and Ram married under special marriage Act 1954. Ram died leaving Lakshmi behind, his mother, son, and daughter the interested and testamentary succession to his property would be governed by
a)    Intestate- Hindu succession Act 1956 testamentary succession- Indian succession act 1925 
b)    Special marriage Act 1954 
c)    Hindi succession Act 1986 
d)    Indian succession act 1925

Answer- a) Intestate- Hindu succession Act 1956 testamentary succession- Indian succession act 1925 

Explanation: 
When a marriage is performed under the Special Marriage Act, 1954, it allows individuals of different religions to marry without converting. However, the laws governing succession depend on whether the deceased person left a will (testamentary succession) or died without a will (intestate succession).
Intestate Succession: If Ram died intestate (without a will), the Hindu Succession Act, 1956, would govern the distribution of his property because both Lakshmi and Ram are Hindus. The Hindu Succession Act applies to Hindus, Buddhists, Jains, and Sikhs in cases of intestate succession.
Testamentary Succession: If Ram had left a will, the distribution of his property would be governed by the Indian Succession Act, 1925. This Act applies to all persons in matters of testamentary succession unless the will specifies otherwise.

Q4. A Muslim male A says in the presence of X and y I have married myself to B who is not present. On receiving this information B says, I have accepted. Which one of the following is correct?
a)    This constitutes a valid marriage wife 
b)    This does not constitute a valid marriage, as offer and acceptance must be made at the same time and in the same place
c)    This does not constitute a valid marriage as presence of X and y is insufficient and more persons are required
d)    None of the above

  
Answer- b) This does not constitute a valid marriage, as offer and acceptance must be made at the same time and in the same place

Explanation:
In Islamic law, for a marriage (nikah) to be valid, there are specific requirements that must be fulfilled, particularly regarding the offer (ijab) and acceptance (qabul). These requirements include:
●    Presence of Both Parties: Both the bride and groom, or their representatives, must be present at the same time and place.
●    Simultaneity of Offer and Acceptance: The offer and acceptance must be made in one meeting. This means the proposal by the groom or his representative and the acceptance by the bride or her representative must occur in the same sitting.
●    Witnesses: The marriage contract must be witnessed by at least two adult male witnesses or one male and two female witnesses.
In this case-
A makes an offer in the presence of X and Y, but B is not present. B later says she accepts upon receiving the information.
Since the offer and acceptance did not occur in the same meeting and B was not present when the offer was made, this does not meet the requirement of simultaneity in Islamic marriage contracts. Therefore, this does not constitute a valid marriage.

 
Q5- Maintenance pendente lite and litigation expenses during divorce proceedings are payable from
a)    Date of application 
b)    Date of divorce petition 
c)    Date of final judgement 
d)    Any of the above dates can be pleaded

Answer – a) Date of application

Explanation:
Maintenance pendente lite and litigation expenses during divorce proceedings are typically payable from the date of the application. This principle is established to ensure that the spouse applying for maintenance has financial support during the duration of the legal proceedings, starting from the time they make the application for such support.
This provision is aimed at alleviating the financial burden on the spouse who may not have sufficient means to support themselves and to cover the costs associated with the litigation process until the final judgment is delivered.

Q6. Which of the following statutes does not contain provisions relating to maintenance?
a)    The Parsi marriage and divorce act, 1936
b)    The special marriage act, 1954
c)    The prohibition of child marriage act, 2006
d)    The Muslim women (protection of rights on marriage) act, 2019

Answer- d) The Muslim women (protection of rights on marriage) act, 2019

Explanation:
This Act primarily addresses the protection of rights of married Muslim women and prohibits the practice of instant triple talaq (talaq-e-biddat). It does not contain specific provisions for maintenance, as maintenance for Muslim women is primarily governed by the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Q7. Under section 18 to of the Hindu adoptions and maintenance act 1956 of wife is entitle to separate residence and maintenance if the husband is guilty of
a)    Desertion 
b)    Cruelty 
c)    Conversion to another religion 
d)    All of the above

Answer – d) All of the above
Explanation:
Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a wife is entitled to live separately from her husband and claim maintenance under certain circumstances. These circumstances include:
Desertion: If the husband has deserted her without reasonable cause and without her consent or against her wish, or willfully neglected her.
Cruelty: If the husband has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband.
Conversion to another religion: If the husband has converted to another religion.
These grounds are explicitly mentioned in the Act, which entitles a wife to claim separate residence and maintenance.

Q8. Disqualification from inheritance on the ground of murder of the person is provided under-
a)    Section 25 of the Hindu succession act 
b)    Section 26 of the Hindu Succession Act 
c)    Section 27 of the Hindu Succession Act
d)    Section 28 of the Hindu Succession Act

Answer- a) Section 25 of the Hindu succession act

Explanation: 
Section 25 of the Hindu Succession Act, 1956, specifically addresses the disqualification from inheritance in the case of murder stating-
"A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any property in furtherance of the succession to which he or she committed or abetted the commission of the murder."
This provision ensures that a person who has committed or abetted the murder of another individual cannot benefit from inheriting the property of the deceased.

Q9. Children born to annulled voidable marriages or void marriages under section 11 and 12 of the Hindu marriage Act are?
a)    Legitimate
b)    Illegitimate but can inherit the property of the parents
c)    Legitimate and can inherit all family property 
d)    Legitimate but can inherit only the property of their parents

Answer- d) Legitimate but can inherit only the property of their parents

Explanation:
Under Section 16 of the Hindu Marriage Act, 1955, which deals with legitimacy of children of void and voidable marriages:
Children born out of marriages declared null and void or annulled are considered legitimate. This means they have the status of legitimate children despite the marriage being void or voidable.
However, these children are only entitled to inherit the property of their parents (i.e., the property of the father and mother individually), and not from any other relatives or family members connected to the marriage.
Therefore, the correct understanding is that children born from void or voidable marriages are legitimate but can inherit only the property of their parents.

Q10. Under section 8 of the Hindu succession Act 1956 who will rank first as a heir from the following-  
a)    Widow 
b)    Mother 
c)    Widow of a deceased son 
d)    All of the above 

Answer- d) All of the above
Explanation: 
Under Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu who dies intestate shall devolve according to -
Firstly, upon the heirs, being the relatives specified in class I of the Schedule. 
Secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.
Thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased. Lastly, if there is no agnate, then upon the cognates of the deceased.
Class I heirs include the widow, mother, and the widow of a predeceased son, so they will rank first as heirs under Section 8 of the Hindu Succession Act, 1956.