SAMPLE QUESTION PAPER FOR PCS (J) - Civil Law Paper – I I

Time  :  Three Hours                                                                      Maximum Marks  :  200

Q1(a). Revenue Divisional Officer sent a communication to the Sub-Registrar which may be noticed;

"I am to inform that the land in Khasra no. 538 measuring 2 acres situated at ‘X’ Village, there is a Title deed dispute between the villagers and the Purchasers and appeal case is pending in the Court of the R.D.Os and also in SC & ST Commission.

Since it is village land, the transactions should not be entertained until the Ownership Right Certificate issued by the competent authority i.e., R.D.O.

I therefore request you to not to entertain any registration over the above said land till the matter is disposed off and further instructions issued by the Commission."

In response to the communication of the Revenue Divisional Officer, the Sub Registrar wrote a letter to the petitioner as follows;

"This is to inform you that Revenue Divisional Officer, vide his letter has informed that there is title dispute in respect of land and unless ownership certificate is produced from the said authority, no dealings shall be done in respect of the land in the said survey number. Therefore please be informed that in the absence of any such certificate from the above authority, registration cannot be done. Copy of letter received from RDO, is enclosed along with this letter."

In the light of the above, "Whether Sub-Registrar could refuse to entertain a document for registration even before its presentation?"

(b) The Collector executed a lease deed in favour of one Mr. P in respect of two canals of land. The lease was almost for unlimited period and it was even inheritable. It is stated that the property covered by the lease deed was sold by the successors of the lessee in the year 1999 through a sale deed dated 26th of February, 1999 in favour of Dr. S. Dr. S named above have executed a sale deed in favour of the T herein, on 12th December, 2008. The document was presented before the District Sub Registrar. He refused to register the document on the ground that the Government continues to be the owner of the land and a lessee has no right to alienate the property. Decide the legality of the act of Sub Registrar refusing to register the document.

(c) Whether the Sub-Registrar (Registration) has authority to cancel the registration of any document including an Extinguishment Deed after it is registered? 

                                                                                                                        [30 MARKS]

Q2. a) “Time barred debt does not cease to exist by reason by Section 3 of the Limitation Act , 1963. That right can be exercised in any other manner than by means of a suit.” Comment.

(b) Difference between an acknowledgment of debt and an acknowledgment of liability.

(c) A television channel on 26th January, 2005 makes adverse comments against certain officials while telecasting the gallantry awards. It is broadcasted that gallantry awards have been conferred on the said officials in spite of their having been found and reported to have been indulging in corrupt and anti social activities. The said person on 30th January, 2005 issued a notice to the television channel calling upon the said television channel to at prominent slot tender an apology to them within one month of the said notice failing which they will institute a suit for recovery of Rs. 50 lacs from the television channel. The television channel fails to respond to the said legal notice. The affected persons sent three successive legal notices to the television channel to the same effect on 21st May 2005, 15th December, 2005 and 30th January, 2006 and getting no response from the television channel, in or about first week of August 2006 institute a suit for recovery fo the damages in the sum of Rs. 50 lacs for defamation from the television channel. Whether the said claim is within limitation? Give reasons in short.

                                             [30 MARKS]

Q3. (a) Legal concept of Guardianship and custody and visitation. Judgment of foreign Court with regard to custody of child whether enforceable in India? Discuss in the light of recent Case Law.

(b) Discuss the law relating to inter country adoption in india.                                                      

[20 Marks] 

Q. 4 (a) A wife filed a complaint against her husband and in-laws under sections 498A and 406 IPC. In those proceedings, a compromise was arrived at as per which the husband agreed to pay a sum of Rs. 25 lacs to his wife in full and final payment in settlement of her claims towards stridhan, dowry etc. parties also agreed to take divorce by mutual consent. Wife also agreed in the said compromise that she will not claim any maintenance from her husband. Decree of divorce by mutual consent was obtained by the parties. Husband also made a payment of Rs. 25 lacs. Thereafter, wife filed a petition for maintenance under section 18 of the Hindu Adoptions and Maintenance Act, 1956. The husband took the plea that wife was precluded from filing such a petition in view of the settlement between the parties. The contention of the wife was that there was a statutory right given to her to claim maintenance and agreement in question was against the public policy. How will you decide the issue?

(b) ‘H’ filed a petition for divorce on the ground of desertion against his wife ‘W-1’. He obtained ex-parte decree of divorce in the said petition on 7-6-1999. Thereafter, he married ‘W-2’ on 12-1-2000. At the time of marriage, he disclosed to ‘W-2’ that he was a divorcee and also showed her the decree of divorce. ‘H’ and ‘W-2’ lived together for two years. However, their relations became strained and ‘W-2’ had to leave the matrimonial house. ‘H’ filed divorce petition against ‘W-2’ in July, 2002. ‘W-2’ filed petition for maintenance under section 18 of the Hindu Adoptions and Maintenance Act, 1956 against ‘H’ in September 2002. In December 2002, ‘W-1’ filed an application for setting aside the ex-parte decree of divorce, which ‘H’ had obtained against her on 7-6-1999, on the ground that she was not served with any summons and was wrongly proceeded exparte. This application was allowed and decree of divorce was set aside in May, 2003. ‘H’ took up the defence in the maintenance petition filed by ‘W-2’ against him under section 18 of the Hindu Adoptions & Maintenance Act, 1956 to the effect that his marriage with ‘W-2’ was nullity and since ‘W-2’ was not his legally wedded wife, was not entitled to any maintenance.

Whether this plea of ‘H’ is sustainable in law?

[20 MARKS]

Q.5 (a) What is the impact of Anand Marriage (Amendment) Act, 2012 on Hindu Marriage Act, 1955. Is it an Act to supplement Hindu Marriage Act, 1955? Discuss.

(b) Whether illegitimate children are entitled to a share in the coparcenary property or whether their share is limited only to the self-acquired property of their parents under Section 16(3) of the Hindu Marriage Act?

(c) Ajay and Vibha are husband and wife, having married under Hindu rites. Unhappily, they do not seem to get along. Ajay is rude and abrasive. He taunts her and her family members on, almost a daily basis. Though he has never used physical force, he has threatened to kill her in her sleep. After suffering the torment for a considerable length of time, she files for divorce on the ground of cruelty. You are to decide the case in the backdrop of the statutory provisions and the case law.

(d) ‘A law of divorce based mainly on fault is inadequate to deal with a broken marriage’. Discuss in the context of the prevailing provisions of the Hindu Marriage Act, 1955 and development of case law on this aspect.

[40 MARKS]

Q6. (a) In the context of Hindu Succession Act, 1956 as it stands today, do you think that males and females have equal rights? Discuss with reference to specific provisions.

(b) Can the Hindu Marriage Act, 1955 or the Hindu Succession Act, 1956 apply to an Indian who is not a Hindu, Buddhist, Jain or Sikh and is and atheist? Why?

(c) When a person ceases to be a Hindu?

(d) A Hindu female is survived by her adopted son, natural born son and an illegitimate son.  Upon whom her property will devolve and in what ratio?  Cite relevant sections and case laws?

[7 ½ * 4 = 30 Marks]

Q7. (a) What is Maher or dower?

(b) Distinuguish between ahsan talaq, hasan talaq and talaq-e-tafwid.

(c) Explain the concepts of Khula and mubaraat.

[15 MARKS]

Q.8 (a) What is meant by Khiyar al-bulugh or ”’option of puberty’? ) Muslim minor girl aged 13 years is given in marriage by her father. When she attained the age of 17 ½ years, she repudiated the marriage and brought a suit for dissolution of her marriage. What facts she is required to prove to succeed? Can the husband successfully resist the suit on any ground?

(b) ‘M’ (husband) married ‘W’ (wife) on 30-3-1997 according to Muslim rites. Both are Muslims. On 28-7-1998, both of them were separated. Within 5 months of the separation, ‘M’ got re-married. ‘W’ filed a suit against ‘M’ seeking dissolution of marriage under section 2 of the Dissolution of Muslim Marriage Act (8 of 1939) on the ground of cruelty on the part of ‘M’. She has complained to incorporate the additional act of cruelty, namely, second marriage of ‘M’ which, according to ‘W’, caused a mental cruelty towards her. In reply filed by ‘M’, he took up the plea that he was willing to co-habit with ‘W’ as well while continuing the second marriage and as a Muslim husband he could have more than one wife. Whether in such circumstances, ‘W’ shall be entitled to a decree of divorce? Decide explaining the legal position.

[7 ½ + 7 ½ = 15 MARKS]