Hindu Law MCQ Quiz in বাংলা - Objective Question with Answer for Hindu Law - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is Section 21 B.

Key Points

• Section 21B of The Hindu Marriage Act, 1955, provides for the Special provision relating to trial and disposal of petitions under the Act.
• It states that —(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
  (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
  (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

The correct answer is one year.

Key Points

• Section 13 of The Hindu Marriage Act, 1955, provides for Divorce.
• Section 13 (1A) states that: Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
  (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
  (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

The Correct answer is Option 2

Key Points Revanasiddappa v. Mallikarjun 2023 Rights of Children from Null and Void Marriages.

• The  3-judge bench led by CJI DY Chandrachud has settled the issue as to whether a child, born from a marriage that is null and void under the Hindu Marriage Act, 1955 (HMA), is entitled to ancestral/coparcenary property or only to the self-earned/separate property of the parents. 
• It was held that when an individual falls within the protective ambit of sub-section (1) or sub-section (2) of Section 16 of the HMA, they would be entitled to rights in or to the absolute property of the parents and no other person.

The correct answer is Both (A) and (R) are true but (R) is not the correct explanation of (A)

Key Points

• Bigamy is the act of marrying someone while already having been legally married to someone else who is alive. A person cannot legally marry someone when they already have a spouse alive who is still legally married to them and such a second marriage will be declared void ab initio which means null or invalid from the very beginning.

• Legitimacy Despite Nullity:

• Voidable Marriage and Legitimacy:

In the case of a voidable marriage where a decree of nullity is granted under Section 12, any child conceived or begotten before the decree, who would have been legitimate if the marriage had been dissolved instead of annulled, is deemed legitimate despite the nullity decree.In News Children born out of void/voidable marriages have right on parent’s ancestral property: SCThe Supreme Court, led by Chief Justice D Y Chandrachud, asserted that children born from void or voidable marriages can claim rights in their parents' share of ancestral property. However, a crucial clarification was made: such children are entitled only to their parents' share and cannot assert rights in the ancestral property of other members in the Hindu Undivided Family (HUF) governed by Mitakshara Law.

The correct answer is ​A-4, B-3, C-1, D-2 Key Points  Hindu Law is considered to be about 6000 years old. In span of 6000 years, it passed through various phases. It is said that Hindu Law is product of "Shruti", "Smriti" and "Puranas". One view is that in Ancient times, Hindu Law originated from "Shruti" and "Smritis".

• (1) Ancient Sources
  •  Shruti
  •  Smritis
  • Commentaries and Digests (Nibandhas)
  •  Customs and Usages.
• ​(2) Modern Sources
  • Equity, Justice, and Good Conscience
  • Precedents
  •  Legislation​

​Primarily there are two main schools of Hindu Law :

(1) Mitakshara School: The Mitakshara School owes its name to Vijnaneshwara's commentary on "Yajnavlkya Smiriti" by the name of "Mitakshara". It prevails in whole of India except Bengal and Assam. The Mitakshara is not only a running commentary on Yajnavalkya Smriti but is digest of all leading Smritis and deals with all aspects of Hindu Law

(2) Dayabhaga School: Dayabhaga thought was originated from Jimutavahana's digest on leading samritis. It prevails in Bangal and Assam and dealing with partition and inheritance. It may be noted that the Mitakshara is the orthodox school whereas the Dayabhaga, or the Bengal School, sometimes called, is the reformed school of Hindu Law.

The correct answer is Prajapatya Marriage

Key Points

•  Prajapatya Marriage is where the bride's father plays an active role in searching for a groom and giving his daughter in marriage, treating the groom with respect.
• In contrast to Brahma Marriage, where the boy's family seeks a suitable girl, Prajapatya involves the bride's father taking the initiative.

The correct answer is Brahma Marriage

Key Points

•  Brahma marriage is considered the most superior among the mentioned types.
• It involves the boy getting married after completing his studenthood, with emphasis on knowledge of the Vedas.
• Dowry is not expected or encouraged in Brahma marriage.

The correct answer is Smriti

Key Points

• ​Ancient Sources
  • Sruti,
  • Smriti, and
  • Custom 
  • Commentaries and digests(Secondary source)
• ​Modern Sources:
  • ​Equity, fairness
  • Good conscience;
  • Precedents and judicial decisions
  • Legislation.

The correct answer is  Pre-existing Hindu laws, customs, and other laws inconsistent with this Act cease to have effect.

Key Points

•  Section 4 of the Hindu Marriage Act specifies that any text, rule, or interpretation of Hindu law, or custom in force before the Act shall cease to have effect concerning matters covered by the Act.
• Additionally, any other law in force before the Act shall cease to have effect if it is inconsistent with the provisions of the Hindu Marriage Act. This implies an overriding effect, emphasizing that inconsistent pre-existing laws, including Hindu laws and customs, are replaced by the provisions of the Act.

The correct answer is Any person domiciled in the specified territories, excluding Muslims, Christians, Parsis, or Jews by religion

Key PointsSection 2 of the Hindu Marriage Act:

• Applicability: 
  • ​Applies to individuals who are Hindus by religion in various forms, including specific sects like Virashaiva, Lingayat, or followers of Brahmo, Prarthana, Arya Samaj.Also applies to persons who are Buddhists, Jainas, or Sikhs by religion.
  • Extends to individuals domiciled in specified territories, excluding Muslims, Christians, Parsis, or Jews, unless it can be proved that they would not have been governed by Hindu law or related customs without this Act.
• Definition of Hindus, Buddhists, Jainas, or Sikhs:
  • Includes legitimate or illegitimate children with both parents being Hindus, Buddhists, Jainas, or Sikhs.
  • Includes legitimate or illegitimate children with one parent being Hindu, Buddhist, Jaina, or Sikh, brought up in the community of that parent.
  • Encompasses persons who convert or re-convert to Hindu, Buddhist, Jaina, or Sikh religion.
• Exemption for Scheduled Tribes:
  • Members of Scheduled Tribes, as defined in the Constitution, are exempt unless directed otherwise by the Central Government through a notification in the Official Gazette.
• Interpretation of "Hindu":
  • The term "Hindu" is interpreted to include a person who, although not a Hindu by religion, is still covered by the Act based on the provisions outlined in this section.