Mumbai District Court Question paper Set 1

1. The Magistrate shall endeavour to dispose of every application made under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 within a period of________from the date of its first hearing.

• Thirty days
• Sixty days
• Three months
• Six months

Ans:-  (2) sixty days

2. By_________ blood, two person are said to be related to each other when they are descended from a common ancestor but by different wives

• Full blood
• Half blood
• Uterine blood
• None of the above

Ans:- (2) half blood

3. According to Section 14 of the Hindu Marriage Act, 1955, the Court shall not entertain any petition for dissolution of a marriage within________.

• Six months of marriage
• One months of marriage
• Two years of marriage
• Three years of marriage

Ans:- (2) One months of marriage

4. Unless the Central Government by Notification in the Official Gazette otherwise directs nothing contained in the Hindu Marriage Act, 1955 shall apply to the members of_________.

• Scheduled Tribe
• Nomadic Tribes
• Scheduled Caste
• Other Backward Classes

Ans:- (1) Scheduled Tribe

5. A woman, who married in Delhi, lived with her husband in Mumbai and Pune, and after separation, now livwes in Bangalore, whereas husband continues to reside in Mumbai, cannot file a petition for divorce in_______.

• Delhi
• Mumbai
• Bangalore
• Pune

Ans:- (3) Bangalore

6. Under Section 16 of the Hindu marriage Act, 1955, a child of void marriage has right in the_____.

• Property of his parents
• Joint family property
• Ancestral property
• Coparcenary property

Ans:- (1) Property of his parents

7. “Sapinda relationship” extends as far as the___________generation in the line of ascem through the mother in case of both the parties.

• Third
• Fifth
• First
• Seventh

Ans:- (1) Third

8. A Hindu marriage which is not registered is________.

• Valid
• Void
• Voidable
• Voidable only at the option of wife

Ans:- (1) Valid

9. The fundamental rule of Matrimonial Law, that one spouse is entitled of the society and comfort of the other spouse, is called_________.

• Solemnization
• Consortium
• Conciliation
• Consummation

Ans:- (2) Consortium

10. Under the child Marriage Restraint Act, 1929, on Court shall take cognizance of any offence after the 1 expiry of______ from the date on which the offence is alleged to have been committed.

• One year
• Two years
• Three years
• Six months

Ans:-  (1) One year

11. Court shall not take cognizance of an offence under the Dowry Prohibition Act, 1961 if the complaint is filed by________.

• A person aggrieved by the offence
• A parent of the aggrieved person
• A recognized welfare institution
• A neighbor of the aggrieved person

Ans:-  (4) A neighbor of the aggrieved person

12. For a valid adoption by a male Hindu of a female Hindu, the adoptive father should be at least________ years older than the female to be adopted.

• 15
• 16
• 18
• 21

Ans:-  (4) 21

13. Under certain circumstances, as per Section 19 of the Hindu Adoptions and Maintenance Act, 1956. A Hindu wife shall be entitled to be maintained after the death of her husband by________

• Her brother-in-law
• Her mother-in-law
• Her father-in-law
• None of the above

Ans:- (3) Her father-in-law

14. Unless there is a custom or usage to the contrary, a person who has completed_______ years of age is not capable of being adopted.

• 15
• 16
• 18
• 21

Ans:- (1) 15

15. In appointing the guardian of a minor the prime consideration before the court shall be_______.

• The choice of the minor3
• The choice of the guardian
• The welfare of the minor
• The benefit of the estate of the minor

Ans:-  (3) The welfare of the minor

16. A guardian stands in a______ relation to his ward.

• Family
• Legal
• Spiritual
• Fiduciary

Ans:- (4) Fiduciary

17. A person appointed by the Court to be guardian of the property of a ward aged 10 years, shall not, without the previous permission of the Court, less any part of that property for a term exceeding________ years

• Three
• Five
• Seven
• Ten

Ans:- (2) Five

18. A disposal of immovable property by guardian in contravention of Section 28 or 29 Guardians and Wards Act, 1890 is_____

• Voidable
• Void
• Valid
• Not objectionable

Ans:- (1) Voidable

19. One of the requisites to validity of Parsi Marriage is its solemnization according to the ceremony called________

• Saptapadi
• Pooja
• Ashirwad
• Bidai

Ans:- (3) Ashirwad

20. Under the Parsi Marriage and Divorce Act, 1936, “grievous hurt” does not include_______

• Emasculation
• Permanent privation of the sight of either eye:
• Permanent disfiguration of the head or fact:
• Fracture or dislocation of a bone or tooth.

Ans:- (4) Fracture or dislocation of a bone or tooth.

21. Subject to exceptions given in section 10 of the Indian Christian Marriage Act, 1872, every marriage under that Act shall be solemnized between_________

• 00 a.m and 9.00 P. m
• 00 a.m and 7.00 p.m
• 00 a.m and 6.00 p.m
• 00 a.m and 7.00 p.m

Ans:-  (4) 6.00 a.m and 7.00 p.m

22. Under Section 10 the Divorce Act. 1869 a Christian wife claim dissolution of marriage on the following special ground, which ground is not available to the husband for claiming dissolution.

• Adultery
• Conversion
• Bestiality
• Cruelty

Ans:- (3) Bestiality

23. The District Court pass a decree of divorce after______ months of filing of the petition for divorce by mutual consent under Section 28 of the Special Marriage Act, 1954.

• 3 months
• 12 months
• 6 months
• 9 months

Ans:- (3) 6 months

24. Under Section 27-A of the Special Marriage Act, 1954 on a petition for a decree of divorce, the Court in the alternative, may pass_______

• A decree for restitution of conjugal rights
• A decree for judicial separation
• A decree for annulment of marriage
• A decree for maintenance

Ans:-  (2) A decree for judicial separation

25. A woman married under Muslim law shall be entitled to obtain a decree dissolution of her marriage on the ground that the whereabouts of her husband have not been known for a period of________.

• 7 years
• 5 years
• 4 years
• 3 years

Ans:- (3) 4 years

26. Under Muslim law a woman shall be entitled to get divorce if_______

• The husband has more wives than one and treats her unequitably against the injunctions of Qoran.
• If whereabouts of the husband have not been known for three years
• If the husband has been sentenced to imprisonment for a period of five vyears
• If the husband has deserted her for a period of one year

Ans:-  (1) The husband has more wives than one and treats her unequitably against the injunctions of Qoran.

27. Under Muslim law a child is entitled to get maintenance from the only till______

• He attains the age of 2 years
• He attains the age of puberty
• If resides with his father
• Till he attains the age of majority

Ans:- (2) He attains the age of puberty

28. Kharchi-i-pandan does not include the expenses for________

• Betal box
• Eating fruits
• Medical treatment
• Mewa khori

Ans:- (3) Medical treatment

29. A mathomedan of sound mind may get married on attaining the age of______

• Majority
• Puberty
• Twenty one years
• Eighteen years

Ans:- (2) Puberty

30. The marriage of a Mahomedan person who has attained prescribed minimum age is ______ if it is brought about without his consent.

• Valid
• Voidable
• Megular
• Void

Ans:- (4) Void

31. For a valid marriage under Mahomedan Law the proposal for marriage and acceptance thereof by the parties have to made in the presence and hearing of_______

• One male and one female
• Two male and one female
• Two male and two female
• One male and two female

Ans:- (4) One male and two female

32. Under the Mahomedan Law the mother is entitled to the custody of her male child until he completes the age of______

• Ten years
• Twelve years
• Fifteen years
• Seven years

Ans:- (4) Seven years

33. Under Hindu Law, if the directory ceremonies are not performed at the marriage, ythe omission may be cured by the doctrine of______

• Relation back
• Factum valet
• Eclipse
• Pleasure

Ans:- (2) Factum valet

34. Under Old Hindu Law, coparcenary was consisting only of_______

• The holder of the joint property, his sons and grandsons
• The holder of the joint property, his sons, grandsons and great- grandsons
• The holder of the joint property and his brothers
• The holder of the joint property and his brothers

Ans:- (2) The holder of the joint property, his sons, grandsons and great- grandsons

35. Which of the following grounds for rejection of the plaint under Order VII, Rule II of the Code of Civil Procedure has been added as per the Amendment Act of 2002?

• Where it is filed in duplicate
• Where the suit appears to be barred by any Law
• Where the relief claimed is under valued
• Where it does not disclose a cause of action

Ans:- (1) Where it is filed in duplicate

36. As per the Civil Procedure Code (Amendment) Act, 2002. The defendants shall, within 30 days from the date of______ present a written statement of his defence

• His first appearance before the court
• Service of summons on him
• Filling the suit
• None of the above

Ans:- (2) Service of summons on him

37. Where the suit dismissed because when the suit called on for hearing, the defendant appeared but the plaintiff did not appear, the plaintiff_______

• Shall be precluded from bringing a fresh suit on the same cause of action
• May bring a fresh suit subject to law of limitation
• Cannot apply for restoration of the suit
• May bring fresh suit at any time.

Ans:- (1) Shall be precluded from bringing a fresh suit on the same cause of action

38. At the first hearing of the suit under Order 10, Rule 2 of the Code of civil Procedure, the Court shall examine orally the parties present in the Court with a view to_______

• Decide the matters in controversy
• Elucidate the matters in controversy
• Evaluate the rights of the parties
• Verify the cause of action for the suit

Ans:- (b) Elucidate the matters in controversy

39. In execution of a decree for maintenance_______ of the salary cannot be attached

• Two-third
• Three-fourth
• Half
• One-third

Ans:-  (4) One-third

40. Where a defendant is minor the court appoint a guardian for the suit for such minor______

• On the application by the plaintiff in the name and on behalf of the minor
• On the application of the next friend of the minor
• On the application of the proposed guardian
• On the application of the Collector of the District

Ans:- (1) On the application by the plaintiff in the name and on behalf of the minor

41. A compromise entered into a suit by next friend or guardian on behalf of a minor without the leave of the coutrt shall be_____

• Void
• Valid
• Voidable against all parties other than the minor
• Voidable against all parties including the minor

Ans:- (3) Voidable against all parties other than the minor

42. Where a suit is instituted by a minor without a next friend, the defendant may apply_____

• For rejection of a plaint
• For dismissal of the suit
• For getting a next friend appointed
• For taking the plaint off the file

Ans:- (3)  For getting a next friend appointed

43. The decree for restitution of conjugal rights may be enforced by_______

• Arrest of the judgment debtor
• Detention of the judgement debtor in civil prison
• Attachment of the property of judgment debtor
• Taking action for contempt of court

Ans:- (3) Attachment of the property of judgment debtor

44. The evidence in the proceeding under Section 125 of the Code of Criminal Procedure shall be recorded in the manner prescribed for_______

• Civil suits
• Summons cases
• Warrant cases
• Civil application

Ans:- (2) Summons cases

45. Which of the following propositions is incorrect?

• Admissions may operate as estoppels
• Admissions are conclusive proof of the matters admitted
• Admission are conclusive proof of the matters admitted
• Admissions are the statements which suggest any inferences to any facts in issue

Ans:-  (3) Admission are conclusive proof of the matters admitted

46. Public records kept in any State of private documents are_______

• Public documents
• Private documents
• Secondary documents
• Inadmissible documents

Ans:- (1) Public documents

47. The Court may presume genuineness of a digital signature on any electronic record if it produced from proper custody and is_______ years old.

• 30
• 12
• 5
• 7

Ans:- (3) 5

48. No questions can be asked to be prosecutrix in cross-examination in a prosecution for rape_____

• to test her veracity
• to discover her position in life
• to shake her credit by injuring her character
• to show her general immoral character

Ans:- (4) to show her general immoral character

49. In the absence of any law, the order in which witnesses are to be examined shall regulated by_____

• The desire of the plaintiff
• The desire of the defendant
• The discretion of the Court
• Mutual consent of the Advocates of the parties

Ans:- (3) The discretion of the Court

50. Under Section 3 of the Evidence Act, the word “Court” does not include_______

• All persons legally authorized to take evidence
• Judges
• Arbitrators
• Magistrates

Ans:- (c) Arbitrators

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