Hindu Law MCQ Quiz - Objective Question with Answer for Hindu Law - Download Free PDF

The correct answer is 'Marital relations is suspended.'

Key Points

• Judicial Separation under the Hindu Marriage Act:
  • Judicial separation is a legal remedy provided under Section 10 of the Hindu Marriage Act, 1955.
  • It allows either spouse to live apart without dissolving the marriage, essentially suspending marital obligations such as cohabitation, consortium, and mutual duties.
  • The court grants judicial separation on specific grounds such as cruelty, desertion, adultery, or other valid reasons mentioned in the Act.
  • The marital relationship is not terminated but remains legally intact. The spouses are still married but are relieved of the duty to live together.
  • This provides an opportunity for reconciliation or serves as a step toward divorce if reconciliation fails.

Additional Information

• Option 1: Marital relations come to an end:
  • This is incorrect because judicial separation does not terminate the marriage. The marital bond remains legally valid, unlike divorce, which ends the marriage completely.
  • Judicial separation only suspends certain marital obligations while leaving the legal status of marriage intact.
• Option 3: Marriage becomes void:
  • This is incorrect because judicial separation does not impact the validity of the marriage. A marriage is declared void under specific circumstances such as bigamy or prohibited relationships under Section 11 of the Hindu Marriage Act.
  • Judicial separation merely allows spouses to live apart without questioning the validity of the marriage.
• Option 4: Marriage becomes voidable:
  • This is incorrect because a voidable marriage is one that can be annulled due to specific grounds such as lack of consent or fraud under Section 12 of the Hindu Marriage Act.
  • Judicial separation does not annul the marriage or render it voidable; it only suspends the marital obligations temporarily.

The correct answer is 'Section 24 '

Key Points

• Provision for Maintenance Pendente Lite under Section 24:
  • Section 24 of the Hindu Marriage Act, 1955, provides for the maintenance pendente lite (temporary maintenance) and litigation expenses to either the husband or wife during the pendency of a matrimonial proceeding.
  • The aim of this provision is to ensure that a spouse with insufficient means can sustain themselves and bear the costs of the litigation while the case is ongoing.
  • The court may order a reasonable amount to be paid monthly by the other spouse, after evaluating the income and financial status of both parties.
  • This provision ensures that justice is accessible to both parties, irrespective of their financial status.

Additional Information

• Overview of Incorrect Options:
  • Section 22: This section deals with the concept of restitution of conjugal rights, which refers to the legal right of a spouse to demand the company of their partner in a marital relationship. It has no relevance to maintenance pendente lite.
  • Section 25: This section provides for permanent alimony and maintenance, which is granted after the final decree of divorce, annulment, or judicial separation. It is distinct from temporary maintenance provided under Section 24.
  • Section 23: This section outlines general principles for matrimonial reliefs, such as ensuring that the petitioner is not taking advantage of their own wrongs. It does not address maintenance pendente lite.
• Importance of Section 24:
  • It ensures that financial constraints do not prevent a spouse from pursuing or defending a matrimonial case.
  • This provision reflects the principle of fairness and equality in legal proceedings under matrimonial laws.

The correct answer is 'Legitimate'

Key Points

• Child born of void and voidable marriage under Hindu Law:
  • Under the Hindu Marriage Act, 1955, the status of children born out of void or voidable marriages is specifically addressed.
  • Section 16 of the Hindu Marriage Act declares that children born of void or voidable marriages are considered legitimate.
  • This provision ensures that children are not penalized for circumstances that are beyond their control, such as the invalidity of their parents' marriage.
  • The law upholds the dignity and rights of such children, granting them equal status and inheritance rights as children born in valid marriages.
  • Even if a marriage is declared void or annulled, the legal legitimacy of children born out of such a union remains unaffected.

Additional Information

• Explanation of Incorrect Options:
  • Option 2 - Illegitimate: The Hindu Marriage Act explicitly provides legitimacy to children born out of void and voidable marriages. Declaring them illegitimate would contradict the legal protections granted under Section 16.
  • Option 3 - Illegal: The term "illegal" refers to actions or conditions prohibited by law. While the marriage itself may be void or voidable, the status of children born out of such marriages is safeguarded by law, making this option incorrect.
  • Option 4 - None of the above: This option disregards the specific legal provisions under the Hindu Marriage Act that address the legitimacy of children born out of void or voidable marriages.
• Significance of Section 16:
  • Section 16 reflects the progressive approach of Indian family law, ensuring that children do not suffer discrimination due to issues in their parents' marital status.
  • It emphasizes the principle that the rights and status of children should not be adversely affected by the legality or validity of their parents' marriage.

The correct answer is '21'

Key Points

• Minimum Legal Age for Marriage for Men in India:
  • The minimum legal age for marriage for men in India is 21 years, as stipulated by the Prohibition of Child Marriage Act, 2006.
  • This law was enacted to prevent child marriages, protect the rights of children, and ensure that individuals are physically and mentally mature before entering into marriage.
  • The legal age of 21 for men ensures that they are financially and emotionally prepared to take on the responsibilities of marriage and family life.

Additional Information

• Overview of Other Options:
  • Option 1 (23): There is no provision in Indian law that sets the minimum legal age for marriage for men at 23 years. This option is incorrect.
  • Option 2 (16): Marriage at the age of 16 is considered a child marriage and is illegal in India under the Prohibition of Child Marriage Act, 2006. This option is incorrect.
  • Option 4 (18): While 18 is the minimum legal age for marriage for women in India, it is not applicable to men. This option is incorrect in the context of the question.
  • Option 5 (Blank): A blank option does not provide any information or answer, making it irrelevant and incorrect.
• Importance of Legal Age for Marriage:
  • The legal minimum age for marriage is aimed at preventing early marriages, ensuring better health outcomes, and promoting education and economic stability.
  • Violation of the minimum legal age for marriage can lead to legal consequences, including penalties and annulment of the marriage.
  • Awareness and enforcement of this law are crucial to curbing child marriages and safeguarding the rights of young individuals.

The correct answer is 'Yajnavalkya Smrithi'.

Key Points

• Mithakshara and its association with Yajnavalkya Smrithi:
  • Mithakshara is a renowned commentary written by Vijnaneshwara, a prominent legal scholar in ancient India.
  • The commentary is based on the Yajnavalkya Smrithi, one of the most significant texts of Hindu law.
  • Yajnavalkya Smrithi emphasizes topics such as dharma (law), vyavahara (legal procedures), and prayaschitta (atonement).
  • Mithakshara provides detailed interpretations and explanations of the verses in the Yajnavalkya Smrithi, making it a cornerstone of Hindu jurisprudence.
  • The commentary significantly influenced the development of personal and property laws in India, especially in matters of inheritance and succession.

Additional Information

• Other options and their relevance:
  • Narada Smrithi: Narada Smrithi primarily deals with civil and criminal law and is focused on the procedures for resolving disputes. It is not directly related to Mithakshara, as Mithakshara is a commentary on Yajnavalkya Smrithi.
  • Manu Smrithi: Manu Smrithi is one of the oldest and most revered texts of Hindu law, covering a wide range of subjects like dharma, duties, and social norms. However, Mithakshara does not serve as a commentary on Manu Smrithi.
  • Parashara Smrithi: Parashara Smrithi is known for its emphasis on environmental ethics and duties during the Kali Yuga. It is not the source text for Mithakshara.
• Significance of Mithakshara:
  • Mithakshara is highly influential in shaping Hindu law and is widely recognized in various regions of India, except for certain parts where the Dayabhaga system is followed.
  • It is considered authoritative for interpreting the Yajnavalkya Smrithi and is frequently referenced in legal disputes involving inheritance and property law.

The correct option is None of these.

Key Points

• Customs play a significant role in Hindu Law.
• It serves as an important source of legal principles and practices.
• Hindu Law, also known as Dharmashastra, encompasses a wide range of rules and guidelines governing the social, religious, and moral aspects of life for Hindus.
• Customs refer to the established and traditional practices followed by the community over some time.
• Customs are considered an important source of Hindu Law and a necessary feature:
  • Cultural and Social Significance:
    • Customs reflect the cultural and social ethos of a community.
    • They are deeply rooted in the traditions and practices of the society, uniformity shaping the way people live their lives.
    • Hindu customs are intertwined with religious rituals, ceremonies and daily activities, providing a framework for individuals.
  • Continuity and Stability:
    • Customs provide a sense of continuity and stability to the legal system.
    • They are passed down from generation to generation, creating a sense of familiarity and order within the community.
    • The stability offered by customs contributes to the consistency of legal practices and ensures a degree of predictability in legal matters.
  • Flexibility and Adaptability:
    • Hindu customs are not static; they can evolve and adapt to changing social circumstances.
    • This flexibility allows customs to remain relevant and applicable in diverse situations.
    • As society changes, customs may be modified to the public policy and to accommodate new developments.
  • Recognition by Courts:
    • Courts, while adjudicating matters related to Hindu Law, often consider and recognize established customs as a source of law.
    • Customary practices are given legal validity if they are proven to be consistent, reasonable and by the principles of justice and equity.
  • Personal Laws and Family Matters:
    • ​Customs are particularly influential in matters related to personal laws and family issues within the Hindu community.
    • They guide practices such as marriage, inheritance, and succession.
    • In the absence of codified laws on certain matters, courts often rely on established customs to resolve disputes and make decisions.
  • Supplementary Role to Textual Sources:
    • Hindu Law has textual sources like ancient scriptures and legal texts, and customs act as supplementary sources, providing practical applications of these theoretical principles.
    • Customs help in the interpretation and application of legal provisions, offering real-world examples and scenarios.

The correct answer is Option 4

Key Points

• ​After the amendment of 2005 in Hindu Succession Act, the daughter could now have the same rights in the coparcenary property (ancestral property of the Hindu undivided family) as a son.
• This amendment also repealed Section 23 of the Hindu Succession Act which disentitled a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares.
• The Hindu Succession (Amendment) Act, 2005, an amendment to the Hindu Succession Act, 1956, received the assent from President of India on 5 September 2005 and was given effect from 9 September 2005.
• It was essentially meant for removing gender discriminatory provisions regarding property rights in the Hindu Succession Act, 1956.
• In the case of  Vineeta Sharma v. Rakesh Sharma, the Supreme Court held that daughters would have equal coparcenery rights in Hindu Undivided Family (HUF) properties even if they were not alive at the time of the 2005 amendment to the Hindu Succession Act, 1956.

Additional Information

•  What do you mean by a co-parcener?
  • The word coparcener has been used very widely in relation to the Hindu law and the HUF.
  • In relation to HUF property, a coparcener is a person who acquires a right in the ancestral property by birth and a person who has a right to demand partition in the HUF property

The correct answer is option 3Key Points

• Section 19 of the Hindu Adoption and Maintenance Act, 1956 deals with Maintenance of widowed daughter-in-law.
• (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law:
  • Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance:
    • (a) From the estate of her husband or her father or mother, or
    • (b) From her son or daughter, if any, or his or her estate.
• (2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in- law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law.

The correct answer is option 3Key Points

•  Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, grants daughters of coparceners in a Joint Hindu family governed by the Mitakshara law the status of coparceners by birth, similar to sons.
• This means that daughters have equal rights with sons to inherit ancestral property and become coparceners in their own right.
• This amendment aims to promote gender equality in matters of succession and inheritance among Hindu families governed by Mitakshara law.

Additional Information

• ​ In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC , the Supreme Court held that daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect.

The correct answer is option 1Key Points

• Section 5 of Hindu Marriage Act 1955 deals with Conditions for a Hindu marriage.
• A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
  • (i) Neither party has a spouse living at the time of the marriage;
  • (ii) At the time of the marriage, neither party:
    • (a) Is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
    • (b) 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
    • (c) Has been subject to recurrent attacks of insanity,
  • (iii) The bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage;
  • (iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  • (v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
• Section 11 of Hindu Marriage Act 1955 deals with Void marriages.
• It says Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
• Clauses (i), (iv) and (v) of section 5 are as follows:
  • (i) Neither party has a spouse living at the time of the marriage;
  • (iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  • (v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

The correct answer is Option 4.

Key PointsThe Hindu Marriage Act, 1955 (HMA) does not apply to members of any Scheduled Tribe, unless the Central Government directs otherwise. The HMA applies to people who are Hindu by religion, including Virashaiva, Lingayat, Brahmo, Prarthana, or Arya Samaj. It also applies to people who are Buddhist, Jaina, or Sikh by religion, and any other person domiciled in the territories to which the act extends who is not Muslim, Christian, Parsi, or Jew by religion. 

Additional Information Section 2 in The Hindu Marriage Act, 1955

• Application of Act. 
  • (1) This Act applies
    • (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,
    • (b) to any person who is a Buddhist, Jaina or Sikh by religion, and
    • (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
  • Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:
    • (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
    • (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and
    • (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
  • (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
  • (3) The expression Hindu in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section

The correct answer is Option 2.

Key PointsSection 15:Valid adoption not to be cancelled.

• No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth. 

• Effects of Valid Adoption: 

  • An Adopted child is deemed to be the natural born child of his/her adoptive father/mother.
  • All the ties of the adopted child with the original family stand extinguished from the date of adoption.
  • The child cannot marry any person whom he/she could not have married prior to the adoption.
  • The property vested in the child prior to the adoption shall continue to vest, subject to the obligations.
  • The adopted child shall not divest any person in the adoptive family of any estate, which is vested in him/her before the adoption. (i.e., the adoption of a child does not affect the rights and the members of the adoptive family).

Additional InformationSection 16 - Registration of Adoption.

• It provides for the registration of adoption with Registrar of documents.
• If the adoption is registered, the registered instrument duly signed by both the parties serves as a piece of evidence, but not conclusive proof of the evidence.

The correct answer is Option 2.

Key PointsSection 15 in The Hindu Succession Act, 1956: General rules of succession in the case of female Hindus.

• Property inherited from mother or father (Section 15(2)(a))
  •  This section provides notwithstanding anything contained in Sub-section(1). Any property inherited by a female Hindu from her father or mother shall descend, if there is no son or daughter of the deceased present including the children of any predeceased son or daughter not upon the heirs cited in subsection(1) in the order described but on the father’s heirs. Thus, Section 15(2)(a) is an exception to Section 15(1). 
  • Section 15(2) governs only that property which was acquired by the intestate by ‘inheritance’ as an heir and not received from parents through gift or will. It may be taken into consideration that a gifted property is not equal to the inherited property. Any property gifted at the time of marriage is her Stridhan and succession to it is governed by Section 15(1) (Meyappa v. Kannappa AIR 1976 Mad. 184). Similarly. If she has converted the property she inherited from her parents into some other property, succession will not be governed under Section 15 (2) (Emana v. Gudiseva AIR 1976 A.P. 337).
  • Likewise, the inherited property should be available at the time of her death. If the identity of the property is changed or it is substantially altered and improved or if it is substituted then Section 15(2) has no application. Thus, if she inherits property from father then sells it and out of sale proceeds, purchases another property, this property again would be her general property and Section Section 15(1) will apply as held in Veera Raghavamma v. G Subbarao (AIR 1976 A.P. 377) 

The correct answer is option 2.

Key Points

•  Under Section 28 of the Hindu Marriage Act, 1955, every appeal from decrees or orders must be filed within a period of 90 days from the date of the decree or order.
• The Hindu Marriage Act of 1955 is an Act of the Parliament of India enacted to amend and codify the law relating to marriage among Hindus.
• Appeals under this Act concern challenges to legal decisions made in cases of divorce, restitution of conjugal rights, judicial separation, annulment of marriage, and all other related matters where a decree or an order has been issued by a court.
• The stipulation of a 90-day period for filing appeals is critical as it aims to ensure that legal proceedings are conducted within a reasonable time frame, thereby reducing prolonged uncertainty for the parties involved.
• This timeframe helps in the expeditious handling of cases and provides a clear window for aggrieved parties to seek recourse from higher judicial authorities if they are dissatisfied with the decisions of the lower courts.
   

The correct answer is Option 1

Key Points

•  Section 18 of Hindu Adoption and Maintenance Act, 1956: This section deals with Maintenance of wife
• Section 18(1): A Hindu wife, whether married before or after the start of this law, has the right to be financially supported by her husband throughout her life.
• Section 18(2): A Hindu wife can live separately from her husband and still claim maintenance if:
  • He abandons her without a good reason or against her wishes.
  • He treats her cruelly, causing her to fear living with him.
  • He has a severe form of leprosy.
  • He has another wife.
  • He keeps a mistress in the same house or regularly stays with one elsewhere.
  • He converts to another religion.
  • There's any other valid reason for her to live separately.
• Section 18(3): A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
• The definition of maintenance in S. 3(b)(i) of the Hindu Adoption and Maintenance Act, 1956 (hereafter referred to as the HAM ACT) is “provision for food, clothing, residence, education, and medical attendance and treatment.”

Additional Information

• In the case of Purusottam  Mahakud v. Smt Annapurna Mahakud, the court held that right to claim interim maintenance in a suit is a substantive right under section 18 of the Act. Since no form is prescribed to enforce the said right civil court in exercise of its inherent power can grant interim maintenance;
• In the case of Neelam Malhotra v. Rajinder Malhotra, the court held that after considering the status of the husband the wife should be awarded maintenance pendente lite under Section 18, even though there is no separate provision in the Act for grant of maintenance pendente lite.
• MAINTENANCE OF CHILDREN:
  • According to Section 20 of the HAM Act, both the mother and the father are equally obligated to support all children, both biological and adopted.
  • The Hindu legal system is unique in that both parents are equally liable for raising the children.
  • According to Section 20(2) of the HAM Act, minor children have a right to maintenance.
  • Until the daughter gets married, she is still entitled to maintenance.
• MAINTENANCE OF PARENTS
  • Section 20 of the HAM Act establishes a maintenance responsibility for elderly and disabled parents who are unable to care for themselves using their own resources, including property and earnings. 
  • The explanation to this section also includes stepmother in the term parent.
•