Wardha 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 his first hearing.
  • Thirty days
  • Sixty days
  • Ninety days
  • One eighty days

Ans:-  Sixty days

  1. A certificate of registration of marriage issued under the Compulsory Registration of Marriages Act, 2005_____.
  • Shall be conclusive proof of the marriage between the parties named in the certificate.
  • May be conclusive proof of the marriage between the parties named in the certificate.
  • Does not raise presumption of the marriage between the parties named in the certificate.
  • Does in the certificate.

Ans:-  Shall be conclusive proof of the marriage between the parties named in the certificate.

  1. Any child Marriage solemnized in contravention of an injunction order issued under Section 13 of The Prohibition of Child Marriage Act, 2006 shall be__________.
  • Valid
  • Void
  • Voidable
  • Voidable only at the option of wife.

Ans:-  Void

  1. In appointing the guardian of a minor the prime consideration before the Court shall be______.
  • The choice of the minor.
  • The choice of the guardian.
  • The welfare of the minor.
  • The benefit of the estate of the minor.

Ans:- The welfare of the minor

  1. A guardian stands in a _______ relation to his ward.
  • Family
  • Legal
  • Spiritual
  • Fiduciary

Ans:-  Fiduciary

  1. By______, two persons 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:-  Half blood

  1. In execution of a decree for maintenance_______ of the salary cannot be attached.
  • Two-third
  • Three-fourth
  • Half
  • One-third

Ans:-  One-third

  1. According to Section 14 of the Hindu Marriage Act, 1955, the Court shall not entertain any petition fopr dissolution of a marriage buy decree of divorce, unless at the date of presentation of the petition_______.
  • Six months have elapsed since the date of marriage.
  • One year has elapsed since the date of marriage.
  • Two years have elapsed since the date of marriage.
  • Three years have elapsed since the date of marriage.

Ans:-  One year has elapsed since the date of marriage.

  1. A family court may receive as evidence any report, statements or information that may, in its opinion assist it to deal effectually with a dispute_______.
  • Whether the same would be relevant or admissible under the evidence act.
  • Whether or not the same would be otherwise relevant or admissible under the evidence act.
  • Only with the consent of both the parties to the proceeding.
  • ‘a’ and ‘b’ above.

Ans:-  Whether or not the same would be otherwise relevant or admissible under the evidence act.

  1. Under Section 16 of the Hindu marriage Act, 1955, a child of void marriage has rights in the________.
  • Property of his parents.
  • Joints family property
  • Ancestral property.
  • ‘a’ and ‘b’

Ans:- Property of his parents.

  1. 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:- For taking the plaint off the file.

  1. A disposal of immovable property by guardian in contravention of Section 28 or 29 of the Guardians and Wards Act, 1890 is________.
  • Voidable at the instance of any other person affected thereby.
  • Valid
  • Void
  • Voidable

Ans:- Voidable at the instance of any other person affected thereby.

  1. Under Section 27-A of the Special Marriage Act, 1954 on a petition for a decree of divorce, except in so far as the petition is founded on ground mentioned in clause (h) of sub Section (1) of Section 27, the Court ,may, if it considers it so to do having regard to the circumstances of the case pass instead__________.
  • A decree for restitution of conjugal rights.
  • A decree for judicial separation.
  • A decree for annulment of marriage.
  • A decree for maintenance.

Ans:-  A decree for judicial separation.

  1. A Muslim (Sunni-Hanafi) can marry any number of wives not exceeding four, if a Muslim marries a fifth wife such a marriage shall be________.
  • Valid
  • Void
  • Irregular
  • Either ‘a’ or ‘b’

Ans:-  Irregular

  1. A Hindu marriage which is not registered is_________.
  • Valid
  • Void
  • Voidable
  • Voidable only at the option of wife.

Ans:- Valid

  1. A divorced Hindu woman cannot claim maintenance from her former husband.
  • Under section 125 Cr.P.c.
  • Under section 15 of the Hindu Adoption and Maintenance Act.
  • Under section 25 of the Hindu Marriage Act.
  • ‘b’ and ‘c’ above.

Ans:- Under section 15 of the Hindu Adoption and Maintenance Act.

  1. Under Hindu Law, if the directory ceremonies are not performed at the marriage, the omission may be cured by the doctrine of________.
  • Relation back.
  • Factum valet.

Ans:-  Factum valet.

  1. According to section 3 or of the Prohibition of child Marriage Act, 2006, every child marriage shall be_______.
  • Voidable at the option of the contracting party who was a child at the time of marriage.
  • Void
  • Valid
  • Voidable at the option of either of contracting party.

Ans:- Voidable at the option of the contracting party who was a child at the time of marriage.

  1. Section 112 of Evidence Act provides for presumption of-_______.
  • Life
  • Marriage
  • Death
  • Legitimacy

Ans:-  Legitimacy

  1. An application for the reliefs under the Protection of women from Domestic Violence Act, 2005 an presented by_____________.
  • An aggrieved person only.
  • A protection Officer only.
  • Any other person on behalf of the aggrieved person.
  • Any one of the above persons.

Ans:- Any one of the above persons.

  1. Any agreement for giving or taking of dowry shall be_________.
  • Valid
  • Void
  • Voidable
  • Voidable at the option of the person giving dowry.

Ans:-  Voidable

  1. In matrimonial proceedings for determining the question of paternity, DNA/Blood test__________.
  • May be order as a matter of course.
  • Shall be ordered.
  • Shall not be order, as no one can be compelled to give blood sample.
  • May be ordered, as no one can be compelled to give blood sample.

Ans:- May be ordered, as no one can be compelled to give blood sample.

  1. In a petition for divorce under Hindu Marriage Act, on the ground of adultery__________.
  • The alleged adulterer/adulteress is a proper party.
  • The alleged adulterer/adulteress is a necessary party.
  • The alleged adulterer/adulteress is neither a necessary nor a proper party.
  • None of the above.

Ans:-  The alleged adulterer/adulteress is a necessary party.

  1. In every suit or proceedings relating to matters concerning the family,__________, by the Court in the first instance, where it is possible to do consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement in respect of the subject matter of the suit or proceeding.
  • An Endeavour shall be made
  • An Endeavour may be made
  • An Endeavour need not be made
  • ‘a’ or ‘b’ above

Ans:- An Endeavour shall be made

  1. Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, marriages, a marriages between______________ may be solemnized under Special marriage Act, if at the time of the marriage the conditions contained in Section 4 of the said Act are fulfilled.
  • Any two persons
  • A Hindu and a Christian only
  • A Hindu and a Muslim only
  • ‘b’ and ‘c’ above

Ans:- Any two persons

  1. On an answer to Court question, the adverse party_________.
  • Has a right cross-examination as a matter of right.
  • Has a right to cross-examine only with the permission of the Court.
  • Has no right to cross examine the witness.
  • Can cross-examination the witness with the consent of other party.

Ans:-  Has a right to cross-examine only with the permission of the Court.

  1. An application for maintenance under Section 125 of the Code of Criminal Procedure by the father against his son has to be filed in any district where__________.
  • The son resides
  • Both of them last resided together.
  • The father resides
  • The mother resides.

Ans:-  The son resides

  1. Where a third person has right to receive maintenance from the profits of immovable property and such property is transferred, the right can be enforced against__________.
  • The transferee who has no notice thereof.
  • A transferee for consideration and without notice of the right
  • A gratuitous transferee.
  • The property in the hands of transferee for consideration and without notice.

Ans:- A gratuitous transferee.

  1. A Hindu wife shall not be entitled to separate residence and maintenance from her husband___________.
  • If her husband ceases to be a Hindu by conversion to another religion
  • If he is suffering from a virulent form of leprosy
  • If she ceases to be a Hindu by conversion to another religion.
  • If he has any wife living.

Ans:- If she ceases to be a Hindu by conversion to another religion.

  1. When a marriage has been dissolved by a decree of divorce granted under Hindu Marriage Act, 1955, it shall be lawful for either party to the marriage to marry again, subject to provisions of Section 15 of The Hindu Marriage Act.

A Muslim (Sunni-Hanafi) divorced woman can marry,__________.

  • If the marriage was consummated, after the completion of her iddat,
  • After three months of the divorce
  • If the marriage was not consummated, she is free to marry immediately.
  • ‘a’ and ‘c’ above

Ans:-  ‘a’ and ‘c’ above

  1. A compromise entered into a suit by next friend or guardian on behalf of a minor without the leave of the court shall be_________.
  • Void
  • Valid
  • Voidable against all parties other the minor.
  • Voidable against all parties including the minor.

Ans:-   Voidable against all parties other the minor.

  1. The relief of permanent alimony under Section 25 of the Hindu Marriage Act______ where the main petition for relief under the Act such as divorce, judicial separation, restitution of conjugal rights is dismissed.
  • Can be granted
  • Cannot be granted
  • May be granted at the discretion of the court
  • Shall be granted

Ans:- Cannot be granted

 

 

  1. Where the party against whom a decree for restitution of conjugal rights has been passed, and such party has had an opportunity of obeying the decree and has willfully failed to obey it, the decree may be enforced by_________.
  • His arrest.
  • His detention in civil prison.
  • The attachment of his property
  • Taking action him for contempt of court.

Ans:-  The attachment of his property

  1. A carbon copy of a document is__________.
  • Primary evidence.
  • Secondary evidence.
  • Circumstantial evidence.
  • None of the above.

Ans:- Primary evidence.

  1. Within the meaning of the Section 2(s) of Protection of Women from Domestic Violence Act, 2005, shared household includes_________.
  • The house belonging to or taken on rent by the husband.
  • The house which belongs to the joints family of which the husband is not a member.
  • The house which belongs to the joint family of which any of the parents only of the husband are members.
  • The house belonging to or taken on rent by any of the parents of the husband.

Ans:- The house belonging to or taken on rent by the husband.

  1. What is meant by ‘Court of Record’?
  • The court that is competent5 to give directions and issue writs.
  • The court that can punish for its contempt.
  • The court that preserves all its records and proceedings for a perpetual memorial and testimony.
  • ‘b’ and ‘c’ above

Ans:- ‘b’ and ‘c’ above

  1. Presumption under Section 90 of Indian Evidence Act, as to due execution and attestation of document is attached to________.
  • Any registered document only.
  • Thirty year document.
  • Any registered document or a duly certified copy thereof.
  • Any document obtained from the custody of court.

Ans:- Thirty year document.

 

  1. U/s. 125 the Code of criminal Procedure, the maximum monthly maintenance allowance that can be granted is______.
  • 1500
  • 1000
  • 500
  • According to the discretion of the court.

Ans:-  According to the discretion of the court.

  1. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except______
  • Where it has been obtained by fraud.
  • Where it has been given on the merits of the case.
  • Where the proceeding in which the judgment was obtained are opposed to natural justice.
  • All the above.

Ans:- Where it has been given on the merits of the case.