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Legal Reasoning Quiz II Family Law (New) II 20.03.2023

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Question 1

The Assam government is all set to bring laws for transparency in marriages. The law mandates bride, groom to :

Question 2

Legal Principle : A will takes effect only after the death of the person making it. However, the maker can revoke or alter it at any time.

Facts: Ashu had prepared a will, wherein he had given all his property to his son. However, he realised that his son did not look after him and hence, decided to change his will. His son knew that his father is going to change his will and hence, he tried to enforce the will in Ashu’s lifetime. Will he succeed?

Question 3

Principle: Marriage can be solemnised between two Hindus if neither party has a spouse living at the time of marriage.

Facts: Seema married Chintu after obtaining divorce from her ex-husband, Ramesh. Chintu, at the time of marriage had a wife living, about whom he had not told SeemA. Now, Seema wants to separate from Chintu, but Chintu does not want to give her a divorce. Seema has argued that no valid marriage exists between the two of them and hence, she does not require a divorce to separate. Decide.

Question 4

Principle: Judicial Separation does not permanently break up the marriage and the parties who have been judicially separated cannot remarry. They are, however, allowed by law to live separately.

Facts: Somesh and Anya got married but did not get along. They filed for a decree of judicial separation. They lived separately for almost 10 years. Somesh now wants to marry Sonia. Can he do so?

Question 5

Principle: Registration does not affect the validity of a Hindu Marriage.

Facts: Ritu and Abhishek got married on June 8th. On June 12th the registration of their marriage was scheduled. On June 10th, Abhishek discovered that Ritu was unfaithful to him and hence, declared that as the marriage was not registered yet, it is void and he does not require a divorce to end the same. Decide.

Question 6

Principle: Deserting the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition is a ground for divorce under Hindu Law.

Facts: Rishu got transferred to another city and he left his wife Naina behind. He and Naina lived in separate cities for almost five years. Rishu would visit during holidays but would go back as soon as the holidays got over. Rishu last visited Naina in July, 2020. Can Naina file for divorce on the basis of desertion?

Question 7

Principle: Only the biological father of a child has the authority to give him up for adoption; The consent of the child’s biological mother is necessary.

Facts: Raman and his wife were taking care of his sister’s child. Raman lost his job and decided to give up the child for adoption as he could not take care of him any more. His wife was against giving up the child for adoption. Would the adoption be valid?

Question 8

Legal Principle: Concealment of pre-marriage pregnancy is a ground for divorce under Hindu Law.

Factual Situation: Anil and Aarti got married in July, 2020. In December, 2022, Aarti gave birth to a baby. Anil alleged that the baby is not his as Aarti and him were staying apart for an year. Can Anil get a divorce based on the concealment of pregnancy?

Question 9

Principle: When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.

Fact: Asha had filed for divorce in July 2020. In July 2021, a decree for divorce was passed. Amit, her husband challenged this decree. In the meantime, Asha decided to remarry. Can Asha remarry?

Question 10

Principle: It shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce unless at the date of the presentation of the petition, one year has elapsed since the date of the marriage.

Facts: Rama and Raj got married in June, 2020. In December, 2020, they decided to get divorced and started living separately. In July, 2021, they presented a petition before the court for divorce. Is this petition tenable?

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Mar 20CLAT UG