Updated On : January 11, 2023
Preparing for the Important Civil Law Questions for Delhi Judiciary Exam 2023 is important because it helps the authorities to test your knowledge of the various aspects of civil law.
The questions will cover areas such as contract law, tort law, criminal law, and other relevant legal topics which are important for aspiring Judicial Officers to understand.
The questions will also help to test your analytical and problem-solving skills, which are essential to have a successful career in the courtroom.
The following are some crucial topics under Civil law for the upcoming Delhi Judiciary Exam.
Civil Law-1 (200 Marks)
Civil Law-II (200 Marks)
Check out the important topics under Civil Law II and enhance your Delhi Judiciary Exam Preparation.
To help you get an idea about the type of questions asked in the exam, we have provided a few important questions that are curated from the previous year's Delhi Judiciary Question Papers.
Question 1: In the Hindu Marriage Act, 1955, 'Degrees of Prohibited Relationship' is defined under:
(a). Section 3 (b)
(b). Section 3 (c)
(c). Section 3 (e)
(d). Section 3 (g)
Answer: (d). Section 3 (g)
Defined under section 3 (g) of the Hindu Marriage Act, 1955, marriage is void if parties are within a prohibited relationship.
Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather, and a mother can not marry her son or grandson.
Question 2: Registration of Marriage has been made compulsory by the Hindu Marriage Act, 1955 under:
(a). Section 10
(b). Section 9
(c). Section 8
(d). Section 12
Answer: (c). Section 8
Section 8 of the Hindu Marriage Act, 1955 lays down for registration of marriages. Registration under this Act allows the person to have proof of marriage by registration. The State Government has been empowered to make rules for marriage registration.
This Act was introduced to prove that you are married because, in the 1900s, there was no such video camera to shoot your wedding or any means to prove your marriage, so the government has decided to introduce a Law that will give you proof of your marriage.
So, marriage registration has been made compulsory by section 8.
Question 3: A child born out of the void and voidable marriage under Hindu Law is:
(d). None of the Above
Answer: (a). Legitimate
Section 11 and Section 12 of the Hindu Marriage Act, 1955, a remedy for the parties who are in a void and voidable marriage. After the enactment of the Amendment Act, 1976, the child born out of the void and voidable marriage shall be termed legitimate.
Question 4: Which of the following is not a ground for divorce under the Hindu Marriage Act 1955?
(c). Venereal Disease
Answer: (d). Epilepsy
Apostasy - Apostasy means where I have left my religion and accepted any other faith. In this situation, you can take a divorce easily,
Insanity - In this case also, divorce is allowed.
Venereal Disease - Venereal disease is a disease that is caused by the sexual transamination of one another. In this case, also divorce is allowed.
Epilepsy - In this case, divorce is not allowed because Epilepsy means someone gets fitts regularly. So, in that case, you cannot give a divorce to someone because it is a medical illness, and in a medical illness case, divorce is not allowed.
Section (1) (iv) in the Hindu Marriage Act, 1955, Leprosy is grounds for divorce and judicial separation. A mild type of Leprosy capable of treatment is neither grounds for divorce nor judicial separation.
Question 5: A Hindu male of 28 adopts a female child of 13 years of age. The adoption is:
Answer: (c). Void
The adoption is void because according to section 11 of the Hindu Adoption and Maintenance Act. Section 11 of the Hindu adoption and maintenance Act says that any single boy who wants to adopt a girl or girl who wants to adopt a girl can adopt them only if there is an age gap of 21 years between them.
So, in this question, there is an age gap of 15 years, so this adoption is Void.
Question 6: Section 9 of the Hindu Marriage Act, 1955 was held to be 'intra - vires' of the Constitution by the Supreme Court in the case of:
(a). Saroj Rani v. Sudarshan Kumar
(b). Seema v. Ashwini Kumar
(c). Shanta Dev v. Kanchan Prabha Devi
(d). Mahendra v. Susheela Bai
Answer: (a). Saroj Rani v. Sudarshan Kumar
Question 7: A Marriage may be declared null and void under Section 11 of the Hindu Marriage Act, 1955, if
(a). At the time of marriage, one of the parties was incapable of giving valid consent because of unsoundness of mind.
(b). The parties are within the degree of prohibited relationship.
(c). At the time of marriage, one of the parties was subject to recurrent attacks of insanity.
(d). All of the above.
Answer: (b). The parties are within the degree of a prohibited relationship.
If a marriage contravenes the conditions specified in Section V clauses (i), (iv), and (v) of the Act, Either the husband or wife can file a petition and obtain a decree, and the marriage shall be null and void. Provisions related to the nullity of marriage and divorce are in Section 11 of this Act.
Option (a) and option (c) are from section V clause (ii). So it is not considered to null and void marriage. Only option (b) that comes under section V (iv) clause is valid to null and void the marriage.
So, the correct answer is option (b).
Question 8: Which one of the following cases decided by the Supreme Court is related to 'mental cruelty?
(a). Sayal v. Sarla
(b). Dastane v. Dastane
(c). Rita Nijhawan v. Raj Kishan Nijhawan
(d). Rooplal v. Kartaro
Answer: (b). Dastane v. Dastane
This is the first case where mental cruelty is considered a reason for divorce. Because earlier only physical cruelty was considered the reason for divorce but not after this case, mental cruelty is also considered the reason for divorce.
In this case, the woman was suffering from Liberia malaria, but after some operations and treatment, she was fine. Then after that, she married a man, and that man put some restrictions on the woman that she could only do this and speak to this person. Due to this, the woman used to get irritated and frustrated, so the man decided to get divorced. He has proved in court that the woman was suffering from malaria in Liberia, which is unacceptable.
Question 9: Concealment by the respondent of pre-marriage pregnancy by someone other than the petitioner can make a marriage.
Answer: (b) Voidable
Section 8 (1) (d) of the 1950 Act provides that a marriage shall be voidable on the ground that the respondent was at the time of the marriage pregnant by some person other than the petitioner but that the Court shall not grant a decree unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged, those proceedings were instituted within a year from the date of the wedding and that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree."
Question 10: Under Section 8 of the Hindu Succession Act, 1956, the correct order of priority of succession is reflected as follows:
(a). Class I heirs, Class II heirs, Cognates, Agnates
(b). Agnates, Cognates, Class II heirs, Class II heirs
(c). Cognates, Agnates, Class II heirs, Class I heirs.
(d). Class I heirs, Class II heirs, Agnates, Cognates
Answer: (d). Class I heirs, Class II heirs, Agnates, Cognates
Agnates - A person descended from the same male ancestor as another specified or implied person, primarily through the male line. Agnates are through males; males include Grandfather, father, son, and grandson. These all are Agnates.
Cognates - (Entry 1 of 2) 1: of the same or similar nature: genetically alike the cognate fields of film and theatre. 2: related by blood a family cognate with another also: related on the mother's side. 3a: Spanish and French are cognate languages related by descent from the same ancestral language. Cognates are through females; females include Grandmother, Mother, Daughter, and Granddaughter. These all are cognates.
Class I heirs - As per the Schedule to the Indian Succession Act, 1925, for your father's estate, the class I legal heirs would be your mother (his wife or widow), you and your siblings (if any), your father's mother (if she is alive), widows and children of your predeceased siblings (if any), among others.
Question 11: The prescribed period of limitation for preferring an appeal under Section 28 of the Hindu Marriage Act, 1955 is:
(a). Thirty days
(b). Forty-Five days
(c). Sixty days
(d). Ninety days
Answer: (d) Ninety Days
Every appeal under this section shall be preferred within a [period of ninety days] from the date of the decree or order.
Question 12: A boy of 15 years of age may validly be taken into adoption under the Hindu Adoptions and Maintenance Act
(a). By contract between parties.
(b). If customer usage applies to parties, so permits.
(c). By consent of the father of the child.
(d). By consent of the mother of the child.
Answer: (b). If customer usage applies to parties, so permits.
Section 10 of the Hindu Adoption and Maintenance Act deals with this adoption case. And also tells you who all are available for adoption and who is not available for adoption.
In this section, there is a clause related to this question.
Question 13: In giving a child in adoption by the Hindu Father, the requirement of the consent of the mother can be dispensed with if
(a). She has been declared to be of unsound mind by the court of competent jurisdiction.
(b). She has wholly and finally renounced the world.
(c). She has ceased to be Hindu.
(d). All of the Above
Answer: (d). All of the Above
Section 9 (2) says that the mother's consent can be dispensed if the mother has ceased to be Hindu. If the mother loses all her rights over her child on conversion, it may be tantamount to negating the Fundamental Right guaranteed under Art. 25 of the Constitution.
Question 14: A Hindu wife is entitled to claim maintenance after the death of her husband from her father-in-law.
(a). Section 10 of the Hindu Succession Act, 1956.
(b). Section 24 of the Hindu Marriage Act, 1955
(c). Section 25 of the Hindu Marriage Act, 1955
(d). Section 19 of the Hindu Adoption and Maintenance Act, 1956.
Answer: (d). Section 19 of the Hindu Adoption and Maintenance Act, 1956.
Sambre, J., while addressing a petition about the maintenance grant, held that under Section 19 of the Hindu Adoption and Maintenance Act, 1956 wife has every right to claim the maintenance after the husband's death from the estate inherited by her father-in-law.
Question 15: The Hindu Minority and Guardianship Act, 1956 does not apply to:
(a). Schedule Tribes unless notified by the central government.
(c). Reno cants of the Union Territory of Pondicherry
(d). Both (a) and (c) above
Answer: (d). Both (a) and (c) above
The Hindu Minority and Guardianship Act was established in 1956 as part of the Hindu Code Bills. This Act extends to India except for the State of Jammu & Kashmir and applies to Hindus domiciled in our country.
Section 3 tells us about the not applicable.
Question 16: The principles laid down in the case of Jijabai Vithalrao Gajre v. Pathan Khan are related to:
(a). Dissolution of Marriage
(d). Minority and Guardianship
Answer: (d). Minority and Guardianship
Question 17: Essential requirements of a Muslim marriage are:
(a). Qabul only
(b). IJab only
(c). Both Qabul and iJab
(d). None of these
Answer: (c). Both Qabul and Ijab
Ordinarily, we know that marriage among Muslims is a contract. So you can understand the essentials of the Contract.
The parties or their guardian's contract marriage (if significant). Under Sunni law, the presence of witnesses is essential. Else the wedding would be irregular. At least two male or one male and two female witnesses should be present, and the witness should be a major of sound mind and a Muslim
Question 18: During the term of 'Muta Marriage':
(a). The wife has a right to divorce.
(b). The husband has a right to divorce.
(c). Husband and wife both have a right to divorce.
(d). Neither the husband nor the wife has a right to divorce.
Answer: (d). Neither the husband nor the wife has a right to divorce.
Muta Marriage is a marriage for a fixed period only for sexual pleasure. Muslim Law in the Shia sect (Athna Ashria school) recognizes the concept of Muta Marriage.
No right of divorce is recognized in muta, but the husband may, at his will, put an end to the contract by 'making a gift of the term' to the wife, even before the term ends. The wife's consent is not required for such termination. 7. Dower is a necessary condition of muta.
Question 19: In a Muslim marriage where the bride's age is below puberty, but the guardian gave consent, the marriage is.
Answer: (b). Voidable
This marriage is voidable only if the girl wants to end her marriage before the age of puberty only. After the age of puberty, this voidable of marriage rests.
Question 20: A marriage between persons with a consanguinity relationship under Muslim Law is:
(d). None of these
Answer: (c). Batil
Sahih means valid
Fasid means irregular
Batil means Void
Consanguinity means a person is barred from marrying his close blood relatives like his niece, sister, aunt, etc. Affinity- It means a person is prohibited from marrying someone in intimate relations, for example, his wife's daughter, son's wife, etc
Question 21: Under Muslim Law, the marriage, whether consummated or not, Iddat has to be observed in the case of
(a). Divorce by husband only
(b). Death of husband only
(c). Both Divorce by the husband and death of the husband
(d). None of the above,
Answer: (c). Both Divorce by husband and death of husband
In Islam, iddah or iddat is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.
Question 22: In Muslim Law, Divorce by Lian is a right available to the
(a). Wife only
(b). Husband only
(c). Both husband and wife
(d). Neither husband nor wife
Answer: (a). Wife only
Lian means that the husband has put the allegation on the wife that she is APAVITRE, so in that case, the wife has the authority to divorce the husband.
Question 23: Under Muslim Law, a 'Will' may be made of
(a). One-fourth of property
(b). One-third of property
(c). One-half of property
(d). Entire property.
Answer: (b). One-third of the property
Muslim law does not expressly propound any specific formalities for the execution of the Will. The intention of the legator plays a crucial role in validating a Will, and the intention must be explicit, clear, and unequivocal. A will can be made orally, in writing, or even by gestures.
If the person is alive, he can distribute his entire property, but through 'Will', he can only distribute one-third of the property.
Question 24: Under Muslim Law, If the donee dies before acceptance of the gift, then 'the gift is'
(d). Convertible into Will
Answer: (a). Void
Acceptance of gift by the Donee Without acceptance, the gift is considered incomplete. Since Hiba is treated as a bilateral transaction under Islamic law, the donor's proposal to transfer ownership of the property must be accepted by the donor.
Question 25: Under Muslim Law, a prompt dower is payable
(a). At the time of marriage
(b). When demanded by wife
(c). At the death of the husband
(d). At the time of divorce by the husband
Answer: (b). When demanded by the wife
Prompt dower: It is payable immediately after marriage on demand. Deferred dower: It is paid after the dissolution of marriage, either by death or divorce
Question 26: How many witnesses are compulsorily required in Shia Muslim marriage?
(a). One male and two females
(b). Two males
(c). No witness
(d). Two females
Answer: (c). No Witness
The Sunni School of Muslim law requires explicitly two witnesses to present, while the Shia School of Law does not require the presence of a witness in any matter regarding marriage.
Question 27: The executor of a 'Will' of a Muslim may be
(a). A Muslim only
(b). A Christian only
(c). A Hindu only
(d). Either a Muslim, Hindu, or Christian.
Answer: (d). Either a Muslim, Hindu, or Christian.
An executor of a Muslim's will is his legal representative for all reasons, and all the property of the deceased vests in him; in this manner, he can dispose of the property at the appointed time.
The executor of the 'Will' should not necessarily be a Muslim only; it can be anybody from any religion.
Question 28: In which one of the following cases was it held that 'only in case of triple Talaq Halala is mandatory before remarrying to the same husband'?
(a). Mohd. Razak v. Mohd. Azmi
(b). Mohd. Ghafoor v. Sabina
(c). Mrs. Sabah Adnan Sami v. Adnan Sami
(d). Mohd. Akbaz v. Sabana
Answer: (c). Mrs. Sabah Adnan Sami v. Adnan
Question 29: Under Muslim Law, a man is forbidden to have two wives simultaneously if related to each other by
(d). All of these
Answer: (d). All of these
A Muslim man is prohibited from marrying two different women if they are related to each other using consanguinity, affinity or fosterage, as if they were of opposite sexes, their marriage would have been void (batil).
Question 30: Which one of the following Law commissions made the draft of the Transfer of Property Act?
(a). First Law Commission
(b). Second Law Commission
(c). Third Law Commission
(d). Fourth Law Commission
Answer: (a). First Law Commission
Question 31: Which one of the following is not immovable property?
(a). Surface of Land
(b). Rivers on the surface of the land
(c). Standing Timbers
(d). Things attached to the earth
Answer: (c). Standing Timbers
This will be standing timber because it is obvious and decided that trees will be cut, so we can't consider standing timbers in immovable property.
Question 32: Section 19 of the transfer of property Act is related to:
(a). Vested Interest
(b). Contingent Interest
(c). Accumulated Interest
(d). All of the above
Answer: (a). Vested Interest
On a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms determining that it is to take effect immediately or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. The transferee's death does not defeat a vested interest before he obtains possession.
Question 33: In which of the following cases does a lease of immovable property not determine?
(a). On the service of a notice to quit
(b). By forfeiture
(c). By express surrender
(d). By the efflux of time-limited, thereby
Answer: (a). On the service of a notice to quit
Question 34: 'A' lets the farm to' B' on the condition that he shall walk a hundred miles in an hour. The lease is void under
(a). Section 23 of T . P . A.
(b). Section 24 of T . P . A.
(c). Section 25 of T . P . A.
(d). None of the above.
Answer: (c). Section 25 of T . P . A.
Question 35: "A' transfers a house, having a market value of Rs. 10,000 without consideration to 'B', but the house is liable to pay public charges of Rs. 15,000. The transfer is:
(b). Onerous gift
(c). Actionable Claim
(d). None of the above
Answer: (b). Onerous gift
Question 36: For determination of lease from year to year under section 106 of the transfer of property act, the notice period is:
(a). Three months
(b). Six months
(c). One month
(d). Fifteen days
Answer: (b). Six months
Notice to terminate the lease (Section 106 of the Transfer of Property Act,1882) In the absence of a written lease contract; the lessee will be given six months' notice to terminate the lease if it is used for agricultural or manufacturing purposes every year.
Question 37: 'A' gives one lakh rupees to 'B', reserving to himself, with B's assent, the right to take back at pleasure Rs. 10,000 out of one lakh. The gift
(a). Is wholly void
(b). It is invalid
(c). Holds good as Rs. 90,000
(d). Is onerous.
Answer: (c). Holds good as Rs. 90,000
Question 38: Order 29 of the Civil Procedure Code is related to:
(a). Suits by Government
(b). Suits by Pauper
(c). Suits by or against the corporation
(d). None of the above
Answer: (c). Suits by or against the corporation
Order 29 Civil Procedure Code Description. In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the security or by any director or other principal officer who can depose to the facts of the case.
Question 39: Which of the following sections of the Civil Procedure Code prohibits the arrest and detention of women in the execution of a decree for money?
(a). Section 55
(b). Section 56
(c). Section 59
(d). Section 60
Answer: (b). Section 56
Question 40: Under Civil Procedure Code, a court may appoint a 'receiver' of any property
(a). Only before the decree
(b). Only after the decree
(c). Before or after the decree
(d). None of the above
Answer: (c). Before or after the decree
According to the civil procedure code, before the proceedings are pending, the court can appoint a receiver if it appears just and convenient to the court to appoint such a receiver [section 51(d)]. It is within the discretionary power of the court to appoint the receiver.
Question 41: Under the Civil Procedure Code, where a person who is a necessary party to a suit is not impleaded in the suit, the matter is of
(b). Mis - joinder
(c). Both (a) and (b) above
(d). None of the above
Answer: (a). Non - Joinder
Question 42: Under the Civil Procedure Code, what may be substituted for summons where the defendant is, in the opinion of the court, of a rank entitling him to such a mark of consideration?
Answer: (b). Letter
Question 43: The death of a plaintiff or defendant shall not cause the suit to abate if
(a). The cause of action survives
(b). The relief survives
(c). The right to sue survives
(d). All of the above
Answer: (c). The right to sue survives
In a situation where two or more persons bring an action to the court, and if, in that course, one of them dies, the action will not abate if the cause of action survives.
Question 44: Which of the following methods cannot be adopted by the court for the execution of the decree under section 51 of the Civil Procedure Code?
(a). By delivery of any property specifically decreed
(b). By attachment and sale of property
(c). By issue of summons to party
(d). By appointing a receiver
Answer: (c). By issue of summons to party
Question 45: Under the Civil Procedure Code, where the defendant is absent from his residence when summoning service is sought to be effected, service may be made on
(a). Servant of the defendant
(b). The adult son of the defendant
(c). Minor daughter of the defendant
(d). Clerk of the defendant
Answer: (b). The adult son of the defendant
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