PLUS
Legal Aptitude
Family Law
Number of Questions : 10
1. Principle: Every child marriage, whether
solemnised before or after the
commencement of The Prohibition of Child
Marriage Act, 2006, shall be voidable at the
option of the contracting party who was a child
at the time of the marriage.
Explanation: Marriageable age of man is 21
years and of woman is 18 years in India.
Facts: A, a 20 year old boy married B, a 19
year old girl in 2001. Which of the following is
correct?
(a) The marriage is valid
(b) The marriage is void
(c) The marriage is voidable at the end of A
(d) The marriage is voidable at the end of B
2. Principle: Cruelty is one of the grounds for
divorce under Hindu Marriage Act, 1955.
Cruelty can be both mental and physical.
Explanation: Cruelty is a conduct of such a
character as to have caused danger to life or
health, bodily or mental, gives rise to
reasonable apprehension of such danger.
Facts: Wife used to make all sorts of vile,
filthy and false allegations not merely against
the husband but also against all the members
of the husband's family. She used to make
such comments in public as well as infront of
her family and friends and even strangers.
Which of the following is correct?
Legal Aptitude – 13
13
CEX–9247/20-B
(a) The husband suffered physical cruelty
(b) The wife can file a petition for divorce on
the ground of cruelty
(c) The husband can file a petition for divorce
on the ground of cruelty
(d) The husband can file a petition for
annulment of the marriage
3. Principle: A marriage between any two
persons may be solemnized under the Special
Marriages Act, 1954, if at the time of the
marriage the following conditions are fulfilled,
namely- (a) neither party has a spouse living;
(b) neither party is incapable of giving a valid
consent to it in consequence of unsoundness
of mind; or though capable of giving a valid
consent, has been suffering from mental
disorder of such a kind or to such an extent
as to be unfit for marriage and the procreation
of children; or has been subject to recurrent
attacks of insanity.
Facts: X, a man marries Y, a woman, while
Y's divorced ex-husband was still alive. Few
years before X and Y got married, Y was
treated with depression after her first divorce.
Which of the following is correct?
(a) The marriage cannot be solemnized
because Y has a living spouse
(b) The marriage cannot be solemnized
because Y's consent is invalid due to
unsoundness of mind
(c) Both (a) and (b)
(d) None of the above
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4. Principle: Under Muslim law, 'failure to 6.
perform marital obligations' by the husband
is a wife's ground for divorce.
Explanation: The failure to perform marital
obligations should relate to basic marital
obligations and could not relate to each and
every marital obligation.
Facts: A Muslim wife alleges that her husband
does not extend a helping hand in the daily
household chores. Which of the following is
correct?
(a) Husband has failed to perform his marital
obligations
(b) Wife can file for divorce
(c) Both (a) and (b)
(d) None of the above
5. Principle 1: Mahr or dower is a sum of money
or other property which the wife is entitled to
receive from the husband in consideration of
marriage.
7.
Principle 2: Right of retention is a right of
Muslim wife to continue to be in possession
of her husband's property in those cases
where dower has not been paid. Right of
retention is available when the marriage has
been dissolved by death or divorce.
Facts: During the subsistence of marriage,
due to differences regarding non- payment of
mahr, the Muslim wife leaves the marital house
and drives away in the husband's car along
with his property papers. The Muslim wife files
for divorce and continues to possess the
husband's car and property papers on the
pretext that the dower has not been paid.
Which of the following is correct?
(a) The wife is rightfully retaining the car and
property papers
(b) The wife is wrongfully retaining the car and
property papers
(c) The wife will succeed in getting a divorce
(d) None of the above
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Principle: An advocate may, with his
consent, be designated as senior advocate if
the Supreme Court or a High Court is of
opinion that by virtue of his ability, standing
at the Bar or special knowledge or experience
in law, he is deserving of such distinction.
Facts: A person who has completed his
bachelor's and master's degree in the field of
science and is known to have vast knowledge
regarding pharmaceutical industry, the
science behind medicines, the new inventions
and the various patent issues that arise. She
has 20 years of experience in the said field.
She has been called in numerous big patent
disputes by cases as an expert. Which of
the following is correct?
(a) She can be designated as a senior
advocate
(b) She can be designated as an advocate
on record
(c) Both (a) and (b)
(d) None of the above
Principle: Every person who has to file or
defend a case shall be entitled to legal
services under the Legal Services Act if that
person is- (a) a member of a Scheduled Caste
or Scheduled Tribe; (b) a victim of trafficking
or beggar; (c) a woman or a child; (d) a
mentally ill or otherwise disabled person; (e)
a person under circumstances of undeserved
want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood,
drought, earthquake or industrial disaster.
Facts: X, a businessman in the city of No-
Conflict was a victim of a communal war
between two extremist groups belonging to
different religion. The communal tension was
spread over for three days and this engulfed
the whole city. The houses of people belong
to both the religious groups were burned
down. X's house was also broken and burnt.
Can X seek legal aid services?
(a) Yes
(b) No
(c) Maybe, depending upon the quantity of
damage
(d) None of the above
Legal Aptitude – 13
8. Principle: The Consumer Protection Act
provides a redressal mechanism for
consumers against the manufacturers for the
defects in goods and deficiency in services.
Explanation: Defect means any fault,
imperfection or shortcoming in the quality,
quantity, potency, purity or standard which is
required to be maintained by or under any
law for the time being in force or under any
contract, express or implied, or as is claimed
by the trader in any manner whatsoever in
relation to any goods.
Facts: One of the leading pharmaceutical
companies used to manufacture cough syrup.
This cough syrup had taken over a major
portion of the market. The company claimed
that the syrup contained 15% alcohol. One
of the consumers sent the syrup content for
lab testing and found out that it contained
40% alcohol which is more than the
permissible limit of 30%. Which of the
following is correct?
(a) The consumer can file a suit against the
company for deficiency in services
(b) The consumer can file a suit against the
shop keeper who sold the cough syrup to
him
(c) The consumer can file a suit against the
company for defect in goods
(d) The consumer can file a suit against the
laboratory
9. Principle: Any person who sends, by means
of a computer resource or a communication
device- (a) any information that is grossly
offensive or has menacing character; or (b)
any information which he knows to be false,
but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult,
injury, criminal intimidation, enmity, hatred,
or ill will, persistently makes by making use
of such computer resource or a
communication device, will said to have
committed an offense under the Information
technology Act.
Facts: Ms. X is the Chief Minister of a state.
Y, a resident of that state initiates a chain
Legal Aptitude – 13
text message through mobile phone, by
sending a number of messages to his friends,
relatives and colleagues, stating that X is a
reputed criminal and that she has been
involved in cases of kidnapping, abduction and
that she gives orders to kill opposition party
members. Y sent these mails knowing that
these allegations are baseless. X and Y were
involves in a dispute over a huge plot of land,
in which Y lost the plot and hence, he resorted
to this to seek revenge. Which of the following
is correct?
(a) Y has committed an offence under the IT
Act
(b) Y has not committed an offence under
the IT Act
(c) Y might have committed the offence under
the IT Act but it depends on the number
of people who received the text message
(d) None of the above
10. Principle: All citizens possess the right to
information under the Right to Information Act
of 2005.
Explanation 1: Information includes any
mode of information in any form of record,
document, e-mail, circular, press release,
contract, sample or electronic data, etc.
Explanation 2: Information affecting
sovereignty of India, security, strategic,
scientific and economic interest of State,
forbidden informations, secret information and
cabinet informations, etc cannot be obtained.
Facts: X, an Indian- American individual, who
holds a U.S. citizenship comes to India to
acquire information regarding the average
capacities of the machineries used in all the
government- owned thermal power plants in
India. Which of the following is correct?
(a) The information is classified and the same
will not be furnished to X
(b) X is entitled to the information and hence
can approach the court of law in case of
denial
(c) X has no right to obtain such information
in India
(d) None of the above
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Page 4 Legal Aptitude – 13

 CEX–9247/20-B Legal Aptitude – 13
Answers and Explanations
1 c 2 c 3 d 4 d 5 b
1. c Principle states that a child marriage is voidable at the
option of the party who is a child at the time of marriage.
Further, the marriage will be voidable notwithstanding
whether the marriage was solemnized before or after
commencement of the Act. In the present case,
marriage will be voidable at the option of A as A was
20 years of age, i.e. a child at the time of marriage.
2. c Cruelty is a conduct of such nature as to cause danger
to reputation and includes mental cruelty as well. In
the given scenario, the wife used to make filthy
comments and false allegations against her husband
and in-laws in public and in front of almost everyone.
This behaviour is liable to cause damage to their
reputation and result in mental torture; thus, would
amount to mental cruelty. Therefore, the husband can
file a petition for divorce on the ground of cruelty.
3. d Marriage under the Special Marriages Act can be
solemnized if neither party has a living spouse nor the
parties are not incapable of giving a valid consent
consequent to unsoundness of mind. In the present
case, Y had divorced her first husband, so even though
Y's ex-husband is alive, he is not a 'spouse'. Further,
depression cannot be equated with unsoundness of
mind, especially when Y was treated with depression
years back. Therefore, the marriage between A and Y
would be valid.
4. d Allegation of not extending a helping hand in daily
household chores would not amount to 'failure to
perform marital obligations', hence the wife cannot file
for a divorce solely on this ground.
5. b The principle states that the wife has right to retention
of her husband's property if dower has not been paid
but only after the marriage has been dissolved. In this
case, the marriage is still subsisting; therefore, the
wife does not have a right to retention. Hence, the
wife is wrongfully retaining husband's property.
Legal Aptitude – 13
PLUS
6 d 7 a 8 c 9 a 10 c
6. d Only an advocate can be designated as a senior
advocate. In the given facts situation, the person is
not an advocate, but an expert in the field of
pharmaceutical industries. Therefore, she cannot be
designated as a senior advocate.
7. a Principle provides that a person who is a victim of
ethnic violence is entitled to legal services. In this case,
X was caught in midst of a communal war and
therefore, he can seek legal aid services.
8. c The principle states that the term 'defect' includes
shortcoming in the quality or standard which is required
to be maintained by law. In this case, the permissible
limit of the content of alcohol in cough syrup is 30%
while it actually contains 40%. As the standard required
by law, is not met with, therefore, there is a defect in
goods. The principle does not elaborate upon
deficiency of services; therefore option (a) is
inapplicable. The principle merely talks about redressal
mechanism against manufacturers, therefore (b) and
(d) are inapplicable in this present case.
9. a Y sent number of messages alleging X of number of
grave offences, knowing that these allegations are
baseless and the only intention of these messages
was to insult X and create ill- will against him in the
eyes of the public. Also, Y sent those messages
through mobile phone, a communication device.
Therefore, Y has committed an offence under clause
(b) of the principle.
10. c Principle states that the right to information is available
to all 'citizens'. In this scenario, X is a US citizen and
not an Indian citizen and therefore, X has no right
under the Right to Information Act.
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