Instituteof Judicial Services (IJS) Sector 38-A, Chandigarh i.
i. Kanika married Sanjeet in 2001 and they were living with
( Baljinder Singh Sra 9855851231, 9779611369)
Hindu Law Paper I Max Time3 Hrs. Bare Acts are allowed.
Part A (Attempt any 5 questions)
Q1. What do you understand by the terms ‘void marriage’ and
‘voidable marriage’?
Q.2. Who are capable of giving a Hindu child in adoption?
Q.3. ‘Hindu marriage is a sacrament’
Explain the background of this statement in relation to Hindu
Marriage Act,1955.
Q.4. Can a divorced Hindu male give his child in adoption
without the consent of the mother? Explain with relevant
provisions in Hindu Adoption and Maintenance Act. Would
the law be different if the question is put in the converse form?
Q5. What are Ancillary reliefs under the Hindu Marriage
Act,1955? Can those be claimed independently by the party.
Q.6. Welfare of the minor is the paramount consideration for
the appointment of any person as guardian of minor. Explain
the guidelines in the Guardian and Wards Act to determine the
welfare of the minor.
Q.7. (a) Distinguish between (i) Void and Voidable
marriages.
(II) Divorce and Judicial Separation
(b) i) C married S in March, 1969. Three children were born to
them from this wedlock. C underwent Vasectomy operation on
January 8, 1976. Thereafter, C and S lived together as wife
and husband. On August, 30, 1978. S gave birth to another
child. C seeks divorce from S on the ground of adultery.
Decide.
ii) A, a resident of Patiala, marries a girl in service at
Ludhiana. After seven years of marriage A asks his wife to
leave the job and join him at Patiala. On refusal by the wife,
he files a suit for restitution of conjugal rights. The defence
setup is that the respondent has never denied the right to the
husband and she is still prepared to honour her obligations, as
his wife but the husband has no right in law to force her to
give up the job and join him at Patiala. Decide giving reasons.
c) (i) Explain the concept of “Desertion” as a ground of
matrimonial relief under the Hindu Marriage Act.
(ii) P was the wife of X. Two months after the death of X, she
marries Y. Five months after the marriage, a son Z is born to
P. Who is legally the father of Z?
PART B (ATTEMPT ANY 4 QUESTIONS)
Q.8. Discuss ‘the doctrine of relation back’. Explain its
application and assess the extent to which it applies even after
the enactment of the Hindu Adoption and Maintenance Act,
1956, by the Supreme Court. Refer to recent case law.
Q.9. ‘A’ husband and ‘B’ wife file a petition under Section
13-B of the Hindu Marriage Act, 1955 within one year of
marriage along with an application seeking permission to file
petition and also to dispense with the period of second motion
of six months. Discuss with the provisions of law and case law
as to whether the petition can be entertained and whether the
period of six months can be waived off?
Q.10. Write short notes on any three of the following:
a) Adoption by female Hindu.
b) Desertion as a ground for divorce under the Hindu
Marriage Act, 1955.
Q.11. (a) Respond to the following fact-situations by applying
relevant statutes of Hindu law and citing case-law wherever
required.
the latter’s parents. In 2004. Sanjeet died in a car accident.
After his death. Kanika was denied financial support and share
in the ancestral property by her in-laws. Since Kanika’s
parents were not economically well off and had to support
their son’s education as well, Kanika did not want to burden
them with her problems.
What are the rights available to Kanika in Hindu law for her
maintenance?
ii. Aanchal and Basant, both Hindus, got married to each
other in 2002. In 2005. Basant got converted to Islam and
married a Christian lady named Veronica without dissolving
his first marriage.
Draw up a line of argument for Aanchal if she wishes to sue
Basant.
Q.12. Respond to the following fact-situations by applying
relevant provisions of the Hindu Marriage act, 1955 and citing
case law wherever required:-
i. Prakhar and Aaradhya have been living together at Gurgaon
for 6 years now. In January this year, they had a violent fight.
Aaradhya was hit hard by Prakhar as a result of which, she
sustained injuries. After they broke up. Aaradhya sued Prakhar
for maintenance, among other thing.Discuss the parameters
that need to be satisfied for claiming maintenance in this
regard and decide whether Aaradhya is entitled to maintenance
in the light of latest judicial pronouncements in this domain.
Q. 13. Krishna and Kajal married each other in 2010. Kajal
was 16 years old when she got married and Krishna was 25.
Despite repeated attempts by Krishna to consummate the
marriage with his wife, the couple failed to do so because of
Kajal’s strong resistance and unwillingness. After three years
of marriage, Krishna sought termination of the marriage.
Medical records revealed that Kajal was a perfectly normal
woman biologically and that her resistance to intercourse is
only psychological.
What are the remedies available under the Hindu Marriage
act, 1955 if Krishna wants to terminate his marriage with
Kajal.
PART C (ATTEMPT 3 QUESTIONS ONLY)
Q. 14. Sujoy Chatterjee and Momita Banerjee got married in
2000. At the time of marriage, Momita was not aware of the
fact that Sujoy was suffering from Schizsophrenia and that his
illness was acute. When she got to know of it within two
months of her marriage, she was disappointed. However, she
decided to continue with the marriage hoping for things to get
better in future. Five years later, she approached the court
claiming divorce on the ground of Fraud.
Against this background, discuss the concept of Fraud and
decide whether Momita is entitled to a relief on this ground?
What other options are available to Momita under the Hindu
Marriage act, 1955 if she wishes to terminate her marriage
with Sujoy.
Q. 15. (a) (i) Amartya and Jayaa have a daughter aged 12
years. They want to adopt a girl child from a foster-home. Is it
permissible under the existing legal provisions? Give reasons
for your answer citing relevant case-law.
Q.16. Akhil and Niharika were married for 18 years and got
divorced recently. They have an eight years old child. Anjan,
Akhil claims custody of the child stating that Niharika is only
a teacher in a primary school whereas he is a rich businessman
and therefore, he can sponsor the best quality of education for
Anjan. Niharika on the other hand, claims that she will do
everything possible to raise Anjan in the best possible manner.
Discuss the requirements for custody and decide whether
Akhil or Niharika should be entitled to the custody of Anjan?
Q. 17. Two Hindu got married in a temple. Several years and
after the birth of three children, they get the marriage
registered under the Special Marriage Act. A year later
husband claims that certain ceremonies were not performed
and hence the marriage was void. Decide after giving
arguments for both the sides.
Q.18. A wife becomes pregnant through artificial
insemination using the husband’s sperm without his
permission. Husband and wife pave not met in two years. The
child is born with severe disabilities. Husband denies the child
to be his. Decide
Q.19 Write short notes on followings
(a) Dastane v. Dastane
Q. 30. In what cases may an adopted son impeach alienations
made by the widow of his adoptive father prior to his
adoption?
Q.31. What are the grounds under which a Hindu wife can
claim separate residence and maintenance from her husband?
Can such right be forfeited under any situation.
Q. 32. Anupam and Sonam were married in 2008 at Delhi.
Three years later Soanm discovered that Anupam was already
married to Shivani at the time of her marriage with him.
Sonam wants your help to claim maintenance from Anupam.
Discuss the provision relating to maintenance and analyse
whether Sonam can avail of any remedy.

(b) Law relating to Custody in India.
(c) The waiting period of six months contemplated under
Section 13-B of the Hindu Marriage act, 1955 is as mandatory
as the other conditions prescribed for obtaining divorce by
mutual consent. Explain the statement with support of case
law.
Q.20. Distinguish between divorce and judicial separation
under Hindu Marriage act, 1956.
PART D (ATTEMPT 8 QUESTIONS ONLY)
Q.21. A decree of restitution of conjugal rights constitutes the
grossest form of violation of an individual’s right to privacy. It
denies the woman her free choice; whether, when and how she
is to become a vehicle for the procreation of another human
being”.
Q.22. Let no woman give or take a son in adoption except with
the consent of her lord”. (Vashishsthia)
In the light of the above statement examine the power of a
Hindu woman with regard to adoption. Do you think that the
changes brought about by the Hindu Adoption and
Maintenance Act, 1956 and further by the Personal Laws
(Amendment) Act, 2010 have actually enlarged her power in
this regard? Elaborate.
A marriage Hindu Woman takes a son in adoption with the
consent of her husband (who is physically and mentally fit).
The couple was issueless at the time of adoption. Decide the
validity of this adoption.
Q.23. What do you mean by de-facto’, de-jure and
testamentary’ Guardians.
Discuss inter-se distinction amongst them with reference to
their powers in respect of the person and property of a minor.
Q.24. There is paradigm shift in the grounds of divorce. A
shift from ‘fault’ to ‘breakdown of marriage’ as basis of
divorce has been recognised by the Supreme Court. Narrate
the various grounds of divorce under Hindu Law and give
your opinion.
Q.25. ‘R’ sues his wife ‘W’ for divorce under the Hindu
Marriage act, 1955, on the ground that she had for some time
been suffering from venereal disease, in a communicable
form. ‘W’ proves that.
Q.26. Enumerate the Rules framed by Supreme Court
inter-country adoption of child.
Q.27. Can an unchaste Hindu wife claim maintenance from
her husband? Discuss with the help of case law.
Q.28 Discuss in brief the legal bars stated in S 23 of the Hindu
Marriage Act,1955?
Q.29. Define and explain the following terms as referred to in
the Hindu Marriage act:
(i) “full blood” and “half blood”.
(ii) “uterine blood”,
(iii) “Sapinda relationship”
Q.33. Mukesh married Mohini in 1980. A son, Ravi and
daughter , Ragini, were born to them, Mukesh, influenced by
the family planning programme. Got himself sterilised in
1985. Unfortunately, in 1990 Mohini, Ravi and Ragini died in
an accident in 1995 Mukesh married Vaneeta without
disclosing the fact of his sterilisation. Vaneet now comes to
know due to Mukesh’s sterilization. She will not be able bear
a child. Vaneeta approaches you to find out whether she could
get her marriage annulled on the ground of Mukesh ‘s
impotence and her consent obtained by fraud as to the
material fact. Alternatively, can she claim divorce on the
ground of cruelty.
PART E (ATTEMPT 3 QUESTIONS ONLY)
Q. 34. Can an unmarried Hindu female adopted child support
your answer with reasons.
a) son is adopted by a widow after several years of death of
her husband.
Q.35. Whether the children borne out of live in relationship
are entitled to the benefit of section 16 of the Hindu Marriage
Act, 1959 Discuss in the light of judicial pronouncement.
Q. 36. At the time of marriage between two hindu the
husband H and wife W were gainfully employed in Delhi.
After the marriage certain misunderstanding appears to have
broken out between them. Whereupon H, got himself transfer
to Jaipur and W remained in Delhi. H files a petition against
W for restitution of conjugal rights. The defence of W is that :
i) H himself got transferred and even now he can come back
in Delhi and
ii) in view of her ill-treatment of H, she does not want to leave
the job.
Q. 37. A, a hindu wife, filed a suit for restitution of conjugal
rights against her husband, H. Decree was granted by the
Court. A refuse to come back to H’s house and after one year
file the petition for divorce under section 13(1)(A) (ii) of the
Hindu Marriage Act, 1955. H pleaded it is A who is
responsible for non-resumption of cohabitation by filing a
petition by divorce, she is taking advantage her own law.
Decide.
Q.38. Ramesh and Rani filed a joint petition praying for a
decree of divorce on ground of mutual consent within months
of the solemnization of their marriage. One year later, second
motion was filed by Ramesh alone as Rani refused to join him.
on
Ramesh pleaded that Rani cannot withdrawn the consent once
given by her. Rani argued that original petition was premature.
Decide and write a judgment.
Q.39. Discuss the legal status and consequences of the
following marriages under Hindu Law.
a) C’s marriage to her mother’s sister’s son’s son P.
b) A, a Hindu boy aged 18m marries B, a Buddist girl aged 14,
according in Jain rites and ceremonies.
c) H marries W, the divorced wife of his step son.
(d) A marries B, the husband of her deceased sister.