CLAT
LEGAL REASONING
PRACTICE SHEET (TOTAL LECTURE- 12)
Directions (1-5) Read the following passage
and answer the given questions.
Family law is a branch of civil law that deals
with legal issues and matters relating to the
family unit, including marriage, divorce, child
custody, adoption, and domestic violence. It
encompasses a wide range of legal rights,
responsibilities, and obligations that govern
familial relationships and aim to protect the
interests and welfare of family members.
The primary objective of family law is to provide
a legal framework that promotes stability,
fairness, and protection within families. It
addresses the diverse needs and complexities
of family dynamics while ensuring the well-
being of individuals involved. Family law plays a
crucial role in resolving disputes, establishing
legal relationships, and ensuring the proper
functioning of familial institutions.
Marriage is one of the central aspects of family
law. It is a legal union between two individuals,
providing them with certain rights
responsibilities. Family law governs various
aspects of marriage, including the validity of
marriage, requirements for marriage, and the
legal consequences of marriage, such as
property rights, spousal support,
inheritance rights.
Divorce is another significant area of family law.
It deals with the dissolution of a marriage and
the legal processes involved in ending the
marital relationship. Family law addresses issues
related to divorce, including grounds
divorce, division of marital property, child
custody and support, and spousal
maintenance.
Child custody and support are crucial aspects
of family law, focusing on the best interests of
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the child. It determines which parent will have
physical custody of the child and makes
provisions for visitation rights. Child support, on
the other hand, ensures that both parents
contribute financially to the upbringing and
well-being of their children.
Adoption is another area of family law that
involves the legal process of creating a legal
parent-child relationship between individuals
who are not biologically related. It provides
opportunities for individuals or couples to
become parents to children who may not have
biological parents or whose biological parents
are unable to care for them. Adoption involves
a complex legal process to ensure the welfare
of the child and the legal rights of all parties
involved.
Domestic violence is a critical issue addressed
by family law. It encompasses physical,
emotional, or psychological abuse inflicted
within the family or domestic setting. Family law
and provides legal mechanisms to protect victims of
domestic violence and secure their safety
through restraining orders, protective orders,
and other legal remedies.
Q1 In the fictional case of Johnson v. Williams,
and
a couple filed for divorce and sought
custody of their child. The court awarded
joint custody, allowing both parents to
share decision-making authority and
physical custody of the child. Which
principle of family law does this fictional
for
case best exemplify?
(A) Best interests of the child
(B) No-fault divorce
(C) Community property
(D) Equitable distribution
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Q2 In the fictional case of Patel v. Smith, a
couple decided to adopt a child and went
through the legal process to establish a
legal parent-child relationship. The court
granted the couple full parental rights and
responsibilities. Which legal concept of
family law is demonstrated in this fictional
case?
(A) No-fault divorce
(B) Joint custody
(C) Termination of parental rights
(D) Adoption
Q3 In the fictional case of Johnson v. Smith,
the couple decided to get a divorce due
to irreconcilable differences. The court
awarded joint custody of their child, with
alternating physical custody every week.
Which legal concept of family law is
exemplified in this fictional case?
(A) No-fault divorce
(B) Sole custody
(C) Shared parenting
(D) Alimony
Q4 In the fictional case of Patel v. Brown, a
couple got married and jointly purchased
a house. Unfortunately, their marriage
ended in divorce. As part of the divorce
settlement, the court ordered the division
of the marital property based on the
principle of equitable distribution. Which
legal principle of family law is exemplified
in this fictional case?
(A) Community property
(B) No-fault divorce
(C) Pre-marital agreement
(D) Best interests of the child
Q5 In a fictional case, Johnson v. Smith, a
court granted sole custody of a child to
Johnson, the non-biological parent, after
considering the child's best interests.
Which legal concept of family law does
this fictional case illustrate?
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(A) Adoption (B) Guardianship
(C) Child support (D) Child custody
Directions (6-10) Read the following passage
and answer the given questions.
The Kerala High Court on Tuesday ruled that
the law does not recognise live-in relationships
as marriage or legal union and that it only
recognises weddings as legal union that are
solemnised under personal or secular laws.
Therefore, a couple that lives together by virtue
of an agreement cannot claim it to be a
marriage nor seek a divorce based on that, the
high court said. The ruling by a bench of
Justices A Muhamed Mustaque and Sophy
Thomas came on an interfaith couple's appeal
against a family court order dismissing their
plea for divorce on the ground that their
marriage was not solemnised under the Special
Marriage Act, news agency PTI reported.
The couple, one a Hindu and the other
Christian, had been living together since 2006
under a registered agreement and had a 16-
year-old child. They moved to the family court
for divorce as they no longer wanted to
continue their relationship. Disposing of their
appeal, the high court said, "The law is yet to
recognise the live-in relationship as marriage.
The law accords recognition only if the
marriage is solemnised in accordance with
personal law or in accordance with secular law
like the Special Marriage Act.”
The high court said that while there may be a
situation where such a relationship qualifies for
creation of reciprocal obligation or duties
elsewhere that do not mean it can be
recognised for the purpose of divorce. The
bench further said that law relating to divorce is
peculiar in our country and customised through
legislation. "The extra-judicial divorce followed
in some communities also got recognition
through statutory laws. All other forms of
divorce are of statutory nature. "The statute
only recognises or allows the parties to divorce
if they are married in accordance with the
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 CLAT

recognised form of marriage applicable as per A couple has been in a live-in relationship
the personal law or secular law," it said in its for six years. They contemplated marriage
order dated June 8. The high court also held but had not consummated it. When they
that in the present case, the family court did conceive a child, will the child be
not have the jurisdiction to entertain such a considered illegitimate?
claim for separation in the first place and (A) No, as they intended to marry, with
instead of dismissing the couple's plea, it should consummation pending.
have returned the petition by saying it was not (B) No, since a child born to unmarried
maintainable. adults in a live-in relationship is
"Any marriage entered into between the parties considered illegitimate.
through a contract has, so far, not got any (C) Yes, as any child born out of wedlock is
recognition under law for the purpose of deemed illegitimate.
granting divorce. In such circumstances, the (D) Yes, since despite their intention to
family court also does not have jurisdiction to marry, consummation is pivotal in
entertain such a claim for divorce," the bench determining a child's legitimacy.
said.
Q8 X, the sole breadwinner, and Y, a couple in
It directed the family court to return the couple's
a live-in relationship for four years, face Y's
plea holding that it was not maintainable.
extensive abuse by X, causing her mental
Q6 A couple initially began cohabiting in a distress. With no intention of marriage, Y
live-in relationship to assess the viability of seeks separation and claims maintenance
their future married life. Subsequently, they under Section 125 of the Code of Criminal
decided to formalize their relationship and Procedure, citing her lack of alternative
conducted a marriage ceremony in front income. Will her claim succeed?
of a deity in their home. Despite not (A) No, as X and Y were neither married nor
registering their marriage, their divorcing.
cohabitation continued as a married (B) No, since only a wife can claim
couple, and society recognized them as maintenance under Section 125 of the
such. Is this arrangement to be considered Code of Criminal Procedure.
a live-in relationship or a marriage? (C) Yes, despite Y not being X's wife, she
(A) It will be considered a marital union can claim maintenance to avoid
since marriage registration is not destitution due to her lack of
mandatory. alternative livelihood.
(B) It will be considered a live-in (D) Yes, as the primary concern is Y's well-
relationship as they did not complete being, she can claim maintenance
the formalities of a legally recognized under Section 125 of Cr.P.C.
marriage.
Q9 X and Y, in a four-year live-in relationship,
(C) The determination depends on the
witness an escalation of abuse from X
parties' intentions, which clearly
towards Y, leading to her mental anguish.
indicate their desire for marriage.
With no intention to marry, Y seeks alimony.
(D) The perception of the public,
Will her claim be successful?
recognizing them as a married couple,
(A) No, as X and Y were neither married nor
establishes their marital status.
pursuing a divorce.
Q7 (B) No, as only a wife can claim alimony.

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(C) Yes, even though Y is not X's wife, she
can claim alimony to prevent
destitution.
(D) Yes, to safeguard X's interests, alimony
can be claimed.
Q10 Which of the following best defines a live-
in relationship under the law?
(A) A relationship between two
consenting adults of the same sex.
(B) A relationship between individuals who
live together or have lived together in
a shared household, and are related
through a marriage-like relationship.
(C) A contractual agreement in which a
man and a woman agree to cohabit
and engage in daily activities
together.
(D) Both a and b.
Directions (11-15) Read the following passage
and answer the given questions.
Section 2 of the Hindu Marriage Act 1955 states
that this act applies to any person who is a
Hindu by birth or who has changed his/her
religion to either any of its forms such as
Virashaiva, a Lingayat or a follower of the
Brahmo, Prarthana or Arya Samaj.
Section 5 A valid marriage shall be solemnized
between two Hindus if the following conditions
are fulfilled:
Any person doesn’t have a spouse living at the
time of the marriage. According to the Hindu
Marriage Act, It is not permissible to have two
living wives at the same point in time, which
amounts to bigamy. It is punishable under
Section 494 of the Indian Penal Code.
The groom shall attain the age of 21 and the
bride attains the age of 18. It is necessary at the
time of marriage the person shall attain the
specified age given in this Act.
The consent shall not be given by coercion or
threat. In the modern world, a father can’t get
the girl married to any without a girl’s consent.
Marriage will be void.
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They don’t fall under the Sapinda relationship,
or within the degree of prohibited relationship
unless it is allowed by their custom or tradition.
The person shall be not suffering from any
insanity or mental disorder at the time of the
marriage.
Essential elements of Section 5
Condition of monogamy
Section 5 (i) of the Hindu marriage act 1955
states that at the time of the marriage a person
should not have a living spouse.
Bigamy
Bigamy amounts to having two living wives at
the same time which is illegal in Hindu law;
without finalizing the divorce from the first
marriage, a person can’t marry someone else.
Conditions regarding mental health or capacity
Section 5 (ii) (a),(b),(c) Hindu marriage Act 1955
discusses the condition of valid of Hindu
marriage related to mental health or capacity
of the person; if a person is suffering from
unsoundness of mind at the time of marriage,
Marriage will be considered as void.
Sapinda relationship
All prohibited relationships are Sapinda but all
Sapinda relationships are not prohibited
relationships. Sapinda relationship is the chain
of all the relationship from the side of the
brother and sister in the family; they can’t marry
each other due to prohibited relationship and
also their generation till three generations from
the girl side and five-generation from the boy
side, till that they all are in Sapinda
relationship.
Q11 In a remote village, there exists a custom
that allows individuals to marry their step-
siblings, even though such relationships
are generally prohibited by the Hindu
Marriage Act, 1955. How would the Act
impact marriages involving step-siblings
in this village?
(A) The Act would not apply to marriages
within this village.
(B)
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Marriages involving step-siblings would
be void.
(C) Marriages involving step-siblings
would be valid, based on their custom.
(D) Marriages involving step-siblings
would require special government
approval.
Q12 Maya's family is coercing her into a
marriage against her will, and they have
manipulated circumstances to make it
appear consensual. What would be the
legal status of the marriage if Maya goes
through with it due to these pressures?
(A) The marriage would be considered
valid.
(B) The marriage would be voidable at
Maya's discretion.
(C) The marriage would be void.
(D) The marriage would be conditionally
valid, pending Maya's consent.
Q13 Rohit and Nisha, both
unknowingly marry each other while
being in a prohibited
relationship. Rohit suddenly passes away
without children. According to the Hindu
Marriage Act, 1955, how would Nisha's
inheritance rights be affected?
(A) Nisha would be entitled to Rohit's
inheritance due to the marriage.
(B) Nisha would not have any inheritance
rights due to the prohibited nature of
the marriage.
(C) Nisha's inheritance rights would be
determined by the court.
(D) Nisha's inheritance rights
depend on whether Rohit's family
accepts her.
Q14 Alok, a 20-year-old with an intellectual
disability, wishes to marry Neha, a 25-
year-old. Both are Hindus. According to
the Hindu Marriage Act, 1955, what would
be the legal status of their marriage?
(A)
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The marriage would be valid if Alok's
parents provide consent.
(B) The marriage would be void due to
Alok's intellectual disability.
(C) The marriage would be voidable at
Neha's discretion.
(D) The marriage would be valid if Alok
comprehended the nature of
marriage.
Q15 Radhika is facing serious financial
difficulties, and her family pressures her
into marrying a wealthy person against
her wishes. She agrees to the marriage
under extreme duress. What would be the
legal status of the marriage according to
the Hindu Marriage Act, 1955?
(A) The marriage would be considered
valid due to Radhika's agreement.
(B) The marriage would be voidable at
the discretion of Radhika.
(C) The marriage would be void due to
Hindus,
Radhika's lack of free consent.
(D) The marriage would be valid, but
Sapinda
Radhika could claim damages.
Directions (16-20) Read the following passage
and answer the given questions.
The laws governing Hindu marriage, restitution
of conjugal rights, judicial separation, divorce,
annulment of marriage, maintenance, and
guardianship are included in the Hindu
Marriage Act, 1955, which was passed by the
legislature. Sections 5 and 7 of the Hindu
Marriage Act of 1955 address the requirements
for a legally binding union among Hindus.
would Essential features of the Hindu Marriage Act,
1955-
Forbidding bigamy: The law forbids a man from
having multiple wives at the same time. Section
5 of the Act specifies that it is illegal to have
two living wives at once, which is known as
bigamy. It implies that one cannot get married
to someone else without first divorcing their
spouse (divorce). If he does the act, the second
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marriage will be considered void and he will be
penalised in accordance with Sections 494 and
495 of the Indian Penal Code, 1860.
Marriageable age prescribed: The time frame
for getting married is set forth by legislation.
According to Section 5 (iii) of the Hindu
Marriage Act of 1955, the bridegroom must be
at least 21 years old and the bride must be at
least 18 years old when they get married. If a
marriage is carried out without fullfilling this
condition , it is void and has no legal standing.
Act of 1955 intends to protect the party’s
marriage: The restitution of conjugal rights is
provided for in Section 9 of the 1955 Act.
Restitution of conjugal rights refers to the right
to remain together. Conjugal rights are defined
as rights deriving from a marital tie. The main
idea of Section 9 is that a spouse has the right
to cohabitate in order to safeguard their union
and preserve its sanctity.
Focus on the mental stability of parties getting
married: A person’s marriage will be null and
void if they were mentally unfit when they were
hitched. The individual must also offer legally
binding consent before becoming married. The
prerequisites of Hindu marriage related to
mental health and capacity are stated in
Section 5(ii)(a),(b),(c).
Any marriage is voidable and subject to
annulment for the following reasons:
Failure to consummate the union due to
impotence that may be partial or complete,
which may be complete or partial (for instance,
impotence quoad hoc conditions);
Violation of the valid consent due to
condition(s) of mental illness specified in
Section 5; or
Respondent’s pregnancy by someone other
than the petitioner at the time of the union
without its knowledge.
Q16 Jungkook, 18-year-old first year student
of NLIU wants to marry love of his life
Rashi who is also 18 years old. Is their
marriage valid under Hindu marriage Act?
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(A) No, they have not reached the legal
age of marriage as the legal age for
marriage for boys is 21.
(B) Yes, the marriage would be valid but
punishment would be given to them.
(C) No, they have not reached the legal
age of marriage as legal age for
marriage for girls is 21 years.
(D) Yes, the legal age of marriage is not
important as they love each other.
Q17 Arjun and Meenal got married as per the
Hindu Marriage Act. A few months after
the marriage Meenal was found
pregnant, it was discovered that she was
made pregnant by her ex-boyfriend
before the marriage. What legal action
can Arjun take regarding the situation?
(A) Arjun can immediately file for divorce
and seek compensation from Meenal.
(B) Arjun can seek annulment of the
marriage because he had no
knowledge about the pregnancy at
the time of marriage.
(C) Arjun has no legal grounds to take any
action because he should have asked
her about it before the marriage.
(D) Arjun can claim custody of the child
and request maintenance from
Meenal.
Q18 John, a Hindu, is currently married to
Maria. He falls in love with Sarah and
decides to marry her without divorcing
Maria. What is the legal status of his
marriage with Maria under the Hindu
Marriage Act,1955?
(A) John's second marriage can be
considered legal if he divorces his first
wife.
(B) John's actions are illegal, and he may
face legal penalties under the Hindu
Marriage Act of 1955.
(C) John's marriage with Sarah is void.
(D)
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John's actions are permissible as long
as he obtains consent from both Maria
and Sarah.
Q19 Arvind and Kavita have been married for
four years. Kavita recently discovered that
Arvind has a medical condition that
renders him unable to have children or he
can have children only after going
through substantial medical treatment.
Distressed by this revelation, Kavita wants
to end the marriage. What legal action
can Kavita take based on the Hindu
Marriage Act?
(A) Kavita can remarriage immediately.
(B) Kavita can seek annulment of the
marriage on the grounds of partial or
complete infertility.
(C) Kavita can claim maintenance from
Arvind.
(D) Kavita can seek for the annulment only
if he is completely impotent.
Q20 Under what circumstances can a ground.
marriage be annulled under the Hindu
Marriage Act, 1955?
(A) If the couple decides they no longer
want to live together for a certain
period.
(B) If one of the spouses has a temporary
mental illness developed after the
marriage.
(C) If one of the spouses is pregnant by
someone other than the petitioner at
the time of the union.
(D) If the couple has been living
separately for one year without
reconciliation.
Directions (21-25) Read the following passage
and answer the given questions.
The following are the grounds for divorce in
India mentioned under the Hindu Marriage Act,
1955.
Adultery – The act of indulging in any kind of
sexual relationship including intercourse outside
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marriage is termed adultery. Adultery is counted
as a criminal offense and substantial proof are
required to establish it. An amendment to the
law in 1976 states that one single act of adultery
is enough for the petitioner to get a divorce.
Cruelty – A spouse can file a divorce case when
he/she is subjected to any kind of mental and
physical injury that causes danger to life, limb
and health. The intangible acts of cruelty
through mental torture are not judged upon
one single act but series of incidents. Certain
instances like the food being denied,
continuous ill-treatment and abuses to acquire
dowry, perverse sexual act etc are included
under cruelty.
Desertion – If one of the spouses voluntarily
abandons his/her partner for at least a period
of two years, the abandoned spouse can file a
divorce case on the ground of desertion.
Conversion – In case either of the two converts
himself/herself into another religion, the other
spouse may file a divorce case based on this
Mental Disorder – Mental disorder can become
a ground for filing a divorce if the spouse of the
petitioner suffers from incurable mental disorder
and insanity and therefore cannot be expected
from the couple to stay together.
Leprosy – In case of a ‘virulent and incurable’
form of leprosy, a petition can be filed by the
other spouse based on this ground.
Venereal Disease – If one of the spouses is
suffering from a serious disease that is easily
communicable, a divorce can be filed by the
other spouse. Sexually transmitted diseases like
AIDS are accounted to be venereal diseases.
Renunciation – A spouse is entitled to file for a
divorce if the other renounces all worldly affairs
by embracing a religious order.
Not Heard Alive – If a person is not seen or
heard alive by those who are expected to be
‘naturally heard’ of the person for a continuous
period of seven years, the person is presumed
to be dead. The other spouse should need to
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file a divorce if he/she is interested in
remarriage.
No Resumption of Co-habitation – It becomes
a ground for divorce if the couple fails to
resume their co-habitation after the court has
passed a decree of separation.
Q21 Which of the following statements is true
in the scenario given below?
Abhishek and Pragati got married when
Abhishek was a believer of religion X.
Later, Abhishek converted to religion Y.
(A) Pragati can file for divorce on the
ground of conversion
(B) Pragati cannot file for divorce on the
ground of conversion.
(C) Pragati can file for divorce on the
ground of cruelty.
(D) Pragati cannot file for divorce on the
ground of cruelty.
Q22 Which of the following statements is true
in the scenario given below?
Abhishek and Pragati were married for six
years. One day,when Pragati came home
from work she didn’t like the taste of food
prepared by Abhishek and in anger
shouted at him now Abhishek wants to
file for divorce on the ground of cruelty
stating that Pragati has mentally tortured
him. Can he do so?.
(A) Abhishek can file for divorce on the
grounds of cruelty.
(B) Pragati can file for divorce on the
ground of cruelty.
(C) Abhishek cannot file for divorce on the
ground of cruelty.
(D) Abhishek shouldn’t file for divorce on
the ground of cruelty as constructive
criticism is good thing.
Q23 After being shouted at by Pragati and
denied divorce, Abhishek renounces all
worldly affairs hoping that Pragati will be
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trapped in the marriage alone. Is his
action legally valid?
(A) Yes, Abhishek's renunciation of worldly
affairs will prevent Pragati from getting
a divorce.
(B) No,the person renouncing worldly
affairs shouldn’t think about
vengeance.
(C) Yes, renunciation of worldly affairs is a
legal strategy to prevent divorce in
India.
(D) No, renunciation of worldly affairs can
be considered as a ground for divorce
under the Hindu Marriage Act.
Q24 Can Abhishek file for divorce on the
grounds of adultery if he knows that
Pragati is having an extramarital affair
but doesn't have any concrete proof?
(A) Yes, he can file for divorce based on
his suspicion alone.
(B) No, he needs to provide concrete
proof of Pragati's extramarital affair to
file for divorce.
(C) Yes, he can file for divorce if he can
establish a strong suspicion of
Pragati's extramarital affair.
(D) No, adultery cannot be considered as
a ground for divorce under the Hindu
Marriage Act.
Q25 After Pragati went missing during the
Kumbh Fair, Abhishek got married to
Shruti 13 months later under societal
pressure. After six years of Abhishek's
second marriage, Pragati filed a petition
to declare Abhishek's second marriage
null and void. However, Abhishek
contested the plea stating that he had
obtained a divorce since Pragati was
absent for 7 years. Is Abhishek's claim
valid?
(A) Abhishek's second marriage to Shruti
is still valid as Pragati's absence of
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seven years is considered limb, or wellbeing (regardless of whether mental

abandonment and divorce was or physical) of the woman; or
obtained. harassment of the woman where such
(B) No,Abhishek’s claim are not valid, harassment is with the end goal of pressuring
Pragati's plea to declare Abhishek's her or any individual identified with her to fulfil
second marriage null and void is valid, any unlawful need for any property or
and Abhishek should have obtained a important security or is because of
divorce from Pragati before marrying disappointment by her or any individual
Shruti. identified with her to satisfy such need.
(C) Abhishek's second marriage to Shruti Desertion in simple terms can also be
is null and void since Pragati considered as an act of abandoning a person.
reappeared after seven years. Thus it had been defined under Section 10(ib) of
(D) Abhishek can keep both Shruti and the Hindu Marriage Act 1955. It states that
Pragati as his wives under Indian laws. divorce can happen if the petitioner has been
deserted by the respondent for a continuous
Directions (26-30) Read the following passage
period of two years immediately after the
and answer the given questions.
presentation of the petition. Renunciation
The grounds of divorce under the Hindu
A person may file a divorce under Section 13(1)
Marriage Act had been stated under Section 13
(vi) if one of the spouses renounces all worldly
of the said act. Thus these grounds are lawfully
affairs by embracing religion or any other belief.
valid grounds for divorce and if such
Presumption of death
circumstances arise, then, unfortunately, divorce
If an individual isn’t seen or heard alive by those
is bound to take place.
who are required to ‘normally know about’ the
Adultery
individual for a persistent time of seven years,
Adultery had been defined under Section 13(1)(i).
the individual is considered to be dead. Thus
It states that after solemnization of marriage if
such a situation is also a ground of divorce as
a married person with the ties of marital bonds
being stated under Section 13(1)(vii).
is having sexual intercourse with another person
who is not his or her spouse, is said to have Q26 Rajan and Nisha have been married for
committed adultery. six years. Over the past year, Rajan has
Cruelty been making constant remarks about
Cruelty in simple terms means torturing or Nisha's appearance, often comparing her
unreasonable brutal behaviour against one. negatively to other women. Additionally,
Thus Section 13(1)(ii) states that even after he frequently gives her the silent
solemnization of marriage, treating the treatment for days on end over minor
petitioner with cruelty can also be considered disagreements. Nisha has become
as a ground for marriage. Cruelty is also a increasingly withdrawn and anxious due
criminal offense and also has statutory to these behaviors. Based on the
provisions for the same. Section 498A of the information provided, would Nisha be
Indian Penal Code states about the cruelty by able to file for divorce on the grounds of
the husband or the relative of the husband on cruelty under the Hindu Marriage Act?
the woman or wide. This section clearly defines (A) Yes, because Rajan's remarks about
cruelty as any wilful behavior which is of such a Nisha's appearance constitute cruelty.
nature as is probably going to drive the lady to (B) No, because Rajan's actions do not
end her life or to cause grave injury to her life, meet the threshold of cruelty.

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(C) Yes, because the cumulative effect of Based on the scenario, which legal
Rajan's behavior has caused Nisha ground for divorce might Maya
mental distress. potentially consider?
(D) No, unless Nisha can demonstrate (A) Adultery
physical harm resulting from Rajan's (B) Mutual Consent
actions. (C) Desertion
(D) Cruelty
Q27 Riya and Sameera have been married for
eight years. Recently, Riya discovered Q29 Ravi and Priya have been married for ten
that Sameera had been having a sexual years and have two children. Ravi has a
relationship with another woman. demanding job that requires frequent
According to the Hindu Marriage Act, travel, causing him to be away from
would Riya be able to seek a divorce on home for extended periods. Priya has
the grounds of adultery based on taken on the primary caregiver role for
Sameera's involvement with a person of their children. Over time, they've grown
the same sex? apart due to their separate lives. They
(A) Yes, because any extramarital sexual rarely communicate or share their
relationship, regardless of the gender thoughts and feelings anymore. What
of the partner, constitutes adultery legal option might Ravi and Priya choose
under the Act. if they both agree that their marriage is
(B) No, because adultery is only irreparable?
applicable when one spouse engages (A) Adultery
in a sexual relationship with a person (B) Mutual Consent
of the opposite sex. (C) Desertion
(C) Yes, but only if Riya can provide (D) Cruelty
evidence that the same-sex
Q30 Rohan and Priya have been married for
relationship caused irreparable harm
eight years. Seven years ago, Rohan left
to their marriage.
their shared home after a heated
(D) No, unless Sameera's same-sex
argument, vowing to return once things
relationship leads to a public scandal
settled down. However, he never came
affecting the family's reputation.
back, and despite Priya's attempts to
Q28 Arun and Maya have been married for reach out, he remained unresponsive.
fifteen years. They both have successful Priya, left alone and confused, has been
careers and share household struggling to manage household
responsibilities equally. However, over the responsibilities and raise their child.
past year, Arun has started feeling Based on the scenario, which legal
insecure about Maya's accomplishments ground for divorce might Priya potentially
surpassing his own. He frequently makes consider?
demeaning comments about her career (A) Adultery
achievements and attempts to belittle (B) Mutual Consent
her in front of friends. Maya is torn (C) Mental Cruelty
between her love for Arun and her need (D) Desertion
for respect. Maya has several times
Directions (31-35) Read the following passage
seriously hurt herself due to Arun actions
and answer the given questions.

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 CLAT

Maintenance is the concept which comes into Maintenance in the case of women is different
play when a couple approaches the court of Women have a special right called the Right to
justices for divorce. Since Maintenance has it is Streedhana. Streedhana is the property gained
own link with divorce, Maintenance is also by a woman at the time of marriage, it is
different in all three different religions. different from dowry. Women have full rights
Maintenance is a concept which allows one over these properties even after the divorce.
person to get financial support from his/ her
Q31 Radhika has filed a petition for divorce
spouse even, after divorce. Factors like the
against his husband and claims
monthly income of husband and wife, and the
maintenance of Rupees 70,000 per
financial status of husband and wife are
month. However, her husband only earns
considered by the court before granting
Rupees 50,000 per month. Do you think
Maintenance. Generally, the court keeps an eye
she will be granted the desired
on the maintenance of the children also while
maintenance?
granting the maintenance.
(A) No, the Court cannot grant
The husband and wife have to provide financial
maintenance which is more than the
support to the minor child, even after the
husband's income.
divorce. It can't be generalized that wife is the
(B) Yes, as it is the husband's responsibility
party who gets the maintenance always, there
to maintain the wife and arrange the
are some legal provisions which allow a man to
money from any other source.
get maintenance from his wife after divorce.
(C) No, it is not necessary that the
Section 24 of the Hindu marriage act says that
husband has to always maintain the
maintenance pendente lite and expenses of
wife.
proceedings can be granted in favour of both
husband and wife and Section 25 of the Hindu
(D) Yes, the wife has the power to decide
Marriage Act allow the court to grant lifetime
how much maintenance she wants
maintenance to both Husband and wife whose
from her husband
financial status is low. Delhi High Court made
an observation in a case that when the Q32 Rohan had no Source of income for the
husband has no self-income to run his life can past 6 months. Manisha, his wife carns
claim maintenance from his wife after divorce. Rupees 55,000 per month. They both filed
Bombay High Court made a different for divorce as they do not want to live
interpretation which gives more clarity to together anymore. Rohan filed a petition
section 24 of the Hindu Marriage Act; it was for maintenance but do you think he will
held in a case that her husband is entitled to succeed in getting maintenance from his
get maintenance under Section 24 of the Act. In wife?
a case, it was held that since the wife is in (A) He cannot ask for maintenance from
employment, the husband cannot make himself his wife as only wives can get
wholly dependent on her income through a maintenance from their husbands.
divorce under Section 24 of the Act. In the
absence of any handicap or impediment to (B) He can get maintenance from his wife
earning, to grant maintenance to such an able- as he has no other source of income.
bodied person equipped with skill would (C) Only the child gets maintenance from
promote idleness, which is opposed to the spirit the husband or the wife.
of Section 24 of the Act. (D) None of the above

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Q33 Shruti was getting a divorce and at that
time her husband asked her to divide the
Streedhan equally between the two of
them because he was maintaining her for
so many years. Can Shruti refuse to do
so?
(A) All the property has to be divided
equally between the husband and the
wife including the Streedhan.
(B) Since his husband has
maintaining her, she should out of
courtesy give a share of Streedhan to
her husband.
(C) Yes, she has the sole right over the
Streedhan. She can refuse to share it
with his husband.
(D) Sufficient info not given.
Q34 Raman after the divorce only wants to
give maintenance to his child and not his
ex wife. But his ex-wife is claiming
maintenance for both herself and the
child as she has no other source of
income. Do you think Raman can avoid
paying maintenance to his ex-wife?
(A) Both (b) and (c).
(B) The husband is liable only to maintain
his wife during the marriage and not
after the divorce.
(C) Since Husband is
maintenance, it is his discretion to pay
only for his child and not his ex-wife.
(D) No, since his ex-wife has no other
source of income, he will have to
maintain her along with their child.
Q35 Which of the following statement is false
as per the above passage?
(A) It can't be generalized that wife is the
party who gets the maintenance
always there are some legal provisions
which allow a man to
maintenance from his wife
divorce.
(B)
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Section 25 of the Hindu Marriage Act
allows the court to grant lifetime
maintenance to both Husband and
wife whose financial status is low.
(C) Streedhana is the property gained by
a woman at the time of marriage, it is
different from dowry
(D) None of the above.
Directions (36-40) Read the following passage
been
and answer the given questions.
Maintenance, also known as alimony or spousal
support, refers to the financial support provided
by one spouse to the other during or after a
divorce or separation. It is intended to address
the economic disparities that may arise as a
result of the end of a marital relationship and to
ensure the well-being and financial stability of
the dependent spouse.
The concept of maintenance recognizes that
one spouse may have made sacrifices or
contributions during the marriage that have
affected their ability to support themselves
independently after the divorce. It aims to
provide financial assistance to the dependent
spouse who may have foregone career
opportunities, education, or other personal
pursuits for the benefit of the marriage or family.
The determination of maintenance is often
paying based on several factors, including the financial
needs of the dependent spouse, the earning
capacity and financial resources of the
supporting spouse, the duration of the
marriage, the standard of living during the
marriage, and the age and health of the
parties involved. Each jurisdiction may have
specific laws and guidelines to guide the court
in making decisions regarding the amount and
duration of maintenance.
The purpose of maintenance is to provide the
dependent spouse with a level of financial
get
support that allows them to maintain a similar
after
standard of living enjoyed during the marriage.
It is not meant to be a form of punishment or
reward but rather a means to address the
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 CLAT

economic imbalances resulting from the end of Maintenance ensures that the
the marital relationship. dependent spouse maintains a higher
Maintenance can be awarded on a temporary standard of living than during the
or permanent basis, depending on the marriage.
circumstances of the case. Temporary (C) Maintenance seeks to address the
maintenance may be granted during the economic disparities resulting from
pendency of the divorce or separation the end of the marital relationship.
proceedings to meet the immediate financial (D) Maintenance is a form of financial
needs of the dependent spouse. Permanent compensation for emotional distress
maintenance, on the other hand, may be caused by the divorce.
awarded when the financial disparities
Q37 In the fictional country of Eldoria, the
between the spouses are significant and likely
determination of maintenance takes into
to persist in the long term.
account various factors, including the
It is important to note that maintenance is not
financial needs of the dependent spouse,
automatically granted in all cases. The court
the earning capacity of the supporting
evaluates the specific circumstances of each
spouse, the duration of the marriage, and
case and exercises its discretion in determining
the standard of living during the
whether maintenance is necessary and
marriage. The court aims to strike a
appropriate.
balance between providing adequate
In conclusion, maintenance is a crucial aspect
support to the dependent spouse and
of divorce or separation proceedings, aiming to
ensuring that the supporting spouse is
provide financial support to the dependent
not financially burdened beyond their
spouse. It recognizes the economic disparities
means. Which of the following can be
that may arise as a result of the end of a
considered a potential challenge in
marital relationship and aims to ensure the
determining the amount and duration of
well-being and financial stability of the
maintenance in Eldoria?
dependent spouse.
(A) Ensuring the dependent spouse
Q36 In the fictional country of Serenia, the maintains a significantly higher
grounds for maintenance include standard of living after the divorce.
disparity in earning capacity, sacrifice of (B) Balancing the financial needs of the
career opportunities, and financial need. dependent spouse with the earning
The court assesses various factors to capacity of the supporting spouse.
determine the amount and duration of (C) Providing long-term maintenance
maintenance, such as the financial even when the dependent spouse has
resources of the supporting spouse, the the ability to become self-supporting.
standard of living during the marriage, (D) Guaranteeing equal financial
and the duration of the marriage. Which contributions from both spouses
of the following statements accurately during the marriage.
reflects the purpose of maintenance in
Q38 In the fictional country of Equinoxia, the
Serenia?
grounds for divorce include Adultery,
(A) Maintenance aims to punish the
Desertion, and Irretrievable Breakdown.
supporting spouse for the end of the
Under the ground of Irretrievable
marital relationship.
Breakdown, couples can seek a divorce if
(B)

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 CLAT

they can demonstrate that their marriage purpose of the punitive maintenance
has broken down irretrievably, regardless provision in Prospertown?
of fault. However, there is a unique (A) The punitive maintenance provision
provision attached to this ground - the aims to compensate the dependent
court has the authority to order spouse for the financial losses incurred
temporary maintenance to the due to the supporting spouse's
dependent spouse during the divorce misconduct.
proceedings. Which of the following (B) The punitive maintenance provision is
statements accurately reflects the intended to deter the supporting
purpose of the temporary maintenance spouse from engaging in financial
provision in Equinoxia? misconduct in future relationships.
(A) The temporary maintenance provision (C) The punitive maintenance provision
aims to ensure financial stability for encourages the dependent spouse to
the dependent spouse throughout the seek reconciliation with the
divorce process. supporting spouse.
(B) The temporary maintenance provision (D) The punitive maintenance provision
is intended to punish the supporting helps expedite the divorce process by
spouse for the breakdown of the providing additional financial
marriage. incentives.
(C) The temporary maintenance provision
encourages the dependent spouse to
Q40 In the fictional country of Serenadia, the
seek reconciliation with the
grounds for maintenance include
supporting spouse.
economic disparity and financial need.
(D) The temporary maintenance provision
The court considers various factors,
helps expedite the divorce process by
including the earning capacity of the
providing immediate financial
dependent spouse and the standard of
assistance.
living during the marriage, when
Q39 In the fictional country of Prospertown, determining the amount of maintenance.
the grounds for divorce include Adultery, Which of the following can be considered
Desertion, and Financial Misconduct. a potential drawback of relying solely on
Under the ground of Financial the earning capacity of the dependent
Misconduct, couples can seek a divorce if spouse in determining maintenance?
they can prove that the supporting (A) It may not accurately reflect the
spouse has engaged in fraudulent or financial needs of the dependent
deceptive financial practices that have spouse.
substantially harmed the marital estate. (B) It may disregard the financial
However, there is a unique provision resources and obligations of the
attached to this ground - if the court supporting spouse.
finds the supporting spouse guilty of (C) It may lead to an unfair distribution of
financial misconduct, they may order marital assets and property.
punitive maintenance to be paid by the (D) It may discourage the dependent
supporting spouse. Which of the following spouse from seeking employment or
statements accurately reflects the advancing their career.

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Directions (41-45) Read the following passage
and answer the given questions.
Section 7 of the Hindu Adoption and
Maintenance Act, 1956, gives proviso for
adoption by a couple. The capacity of a male
Hindu to take in adoption shall be any male
Hindu who is of sound mind and is not a minor
and has the capacity to take a son or daughter
in adoption; provided that, if he has a wife, he
shall not adopt except with the consent of his
wife unless the wife has completely and finally
renounced the world, has ceased to be a
Hindu, or has been declared by a court of
competent jurisdiction (courts in the territory of
India) to be of unsound mind. In succession to
this, s. 8 of the Act also provides a proviso for
adoption by a Hindu female. Any female Hindu
—who is of sound mind, who is not a minor, and
who is not married, or if married, whose
marriage has been dissolved, whose husband is
dead, has completely and finally renounced the
world, has ceased to be a Hindu, or has been
declared by a court of competent jurisdiction to
be of unsound mind—has the capacity to take
a son or daughter in adoption. The child can
only be given up for adoption by the biological
father, and by the biological father only in
agreement with the child’s biological mother,
subject to certain exemptions. In case of the
death of both the biological parents, the child
may be looked after by a guardian, and that
guardian may, by order of the court,
subsequently give up the child for adoption,
provided that the adoption is for the welfare of
the child and no payment has been made in
any form of exchange for the child.
Q41 Laksh and Radhika are a married couple
residing in Mumbai. Once, the duo went
on a vacation to a foreign country named
Cocina. During their stay there, the
couple would suddenly and often erupt
into a fight lasting for hours. On the night
of their final stay, the couple again
erupted into a fight, and the local police
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had to be called in for intervention.
According to the local laws, the couple
had to be presented before the courts,
where it was declared that Radhika was
vindicated of charges levied on her owing
to her mental condition of ‘bipolar
disorder’, which was cited as the reason
for a sudden burst of fight between the
pair. The couple later arrived back in
India. A few years later, Laksh decided it
was time they adopted a child in order to
save the couple’s marriage and get each
other's minds off things. Radhika, however,
denied adoption and reasoned that
Laksh could not go ahead with the
adoption unless she gave her explicit
consent. Infuriated, Laksh approached
the courts for adoption and cited that
Radhika was not competent to give
consent for adoption since she is of an
unstable mind, and thus, his consent
should suffice for the adoption. Decide:-
(A) The court will not grant Laksh sole
adoption rights as his cause for
adoption does not pertain to the
welfare of the child but rather a trivial
reason.
(B) The court will grant Laksh sole
adoption rights as his wife has been
declared mentally unstable by a court.
(C) The court will not grant Laksh sole
adoption rights, as the consent of the
other spouse is a necessity.
(D) The court will not grant Laksh
adoption rights.
Q42 In the above situation, will Laksh be
granted adoption rights if a court in India
makes a declaration about Radhika’s
mental condition?
(A) Yes, Laksh will be granted rights since
a court of competent jurisdiction has
declared it.
(B) No, Laksh will not be granted rights
since his wife’s consent is necessary.
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 CLAT

(C) Yes, Laksh will be granted adoption ago. Soon, X was approached by Jane
rights. and Foster. Jane was Y’s mother’s sister,
(D) No, Laksh will not be granted who decided she and her wealthy
adoption rights. husband (Foster) could better take care
of Y since X was a freelancer and could
Q43 A was the husband of B, and both
not afford to maintain Y. X loved Y as his
spouses decided to part ways with each
own daughter, but caring for her future,
other. The couple had a daughter named
he decided it would be better if he just let
Alice, who was eventually put under the
go and let Jane take care of Y. Jane and
custody of A by a competent court. Soon,
Foster, delighted by his act, gifted X a
A met Y, and after a few months of
food truck so that he could have a fresh
dating, the duo got married. Y despised
start in his life. X, at first, was conflicted
Alice, for she was not her biological
but decided to accept their generosity.
daughter, and hence convinced A to
Decide whether the court will grant
start a fresh life and put up Alice for
adoption rights to Jane and Foster in
adoption. Can the new couple put up
light of the above facts.
Alice for adoption?
(A) Yes, the court will grant adoption as it
(A) Yes, the pair has the right to put up
is in the welfare of Y.
Alice for adoption as A has been
(B) No, the court will not grant adoption
granted custody of Alice; hence, he
since, although the adoption is for the
gets the say in matters.
welfare of Y, X accepted a form of
(B) No, they cannot adopt Alice because
exchange in consideration of Y.
Y is acting as a guardian and is not
(C) Yes, the court will grant adoption
doing so in accordance with the Act's
rights since Jane is an immediate
requirements to seek Alice's welfare.
family member of Y.
(C) No, the pair cannot put up Alice for
(D) None of the above.
adoption unless B gives her consent.
(D) No, the pair cannot put up Alice for Directions (46-50) Read the following passage
adoption at all since A and B have and answer the given questions.
parted ways, and there is no right to According to the Juvenile Justice (Care and
put Alice up for adoption. Protection of Children) Amendment Act, 2006,
once a child is separated from his biological
Q44 In the above question, suppose A and Y
parents as per law and becomes a legitimate
pass away in an accident. Can B now
child of his adoptive parents, he gets all the
claim the right to look after Alice ?
rights that are related to his adoptive parents. If
(A) Yes, as the guardian of Alice , she can
a foreigner wants to adopt an Indian child, then
claim such a right.
he has to approach the court under the
(B) No, the guardian is not the one next in
Guardian and Wards Act 1890, and if they want
line to look after Alice.
to take the Indian child out of the country, the
(C) Yes, since mothers always have
adoption should be done as per foreign laws. A
custody over their child, over father's
married or unmarried male, a married or
after a divorce.
unmarried female, or an NRI may adopt a child.
(D) None of the above.
Any male or female Hindu who has a sound
Q45 X was the guardian of Y, who had lost her mind, is a major, and is eligible to adopt a child
parents in a car accident a few years can adopt a child. If the male Hindu is married

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and wants to adopt a child, he has to get the
consent of his wife before adoption, and the
consent should be free.
When a Hindu male or female wants to adopt a
son, they should not have a son living, whether
legitimate or illegitimate, at the time of
adoption. When a male or female Hindu wants
to adopt a daughter, they should not have any
children living at the time of adoption. If a male
wants to adopt a daughter, he should be at
least 21 years older than the adoptive
daughter.
Q46 Samaira was a little girl who went on a
trip with her parents, Mayank and Moira.
On the trip, they decided to go to a
hilltop, where Samaira got separated
from their parents, and soon the parents
realised this, and they started to look for
her, but they could not find her. Samaira
was found by a young, newly married
couple. They asked her about her
parents, and she said that they got
separated. The couple decided to go
ahead and adopt Samaira. Can they do
so? Samaira is Hindu, and so is the new
couple.
(A) No, because they needed permission
from the birth parents.
(B) No, because Samaira was not legally
separated from her birth parents.
(C) Yes, they can after approaching a
relevant court.
(D) Yes, as both of them are Hindus, they
can adopt her after going through
court proceedings.
Q47 Kartik and Anushka were married for
thirteen years. They loved each other and
had a son as well. They were happy until
they weren't, and soon they started
fighting a lot. After a while, they decided
to live separately. After a while, they got a
divorce, and officially, Anushka got
custody of the son, and Kartik was left
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alone. One day, Kartik went to an
orphanage and decided to go ahead
with adopting a young boy he saw there.
All of them, Kartik, Anushka, their son, and
the new child Kartik wanted to adopt, are
Hindu. Can Kartik adopt the child?
(A) No, because a male alone cannot
adopt a child.
(B) No, the age difference has to be
twenty-one years for Kartik to be able
to adopt the Child.
(C) No, because Kartik already has a son
living, and so he is not eligible for this
adoption.
(D) Yes, because Anushka had custody of
the son.
Q48 Kriti and Lakshya were married for a long
time—almost two decades. They did not,
however, have a child together, and this
was the cause of a lot of altercations.
Lakshya wanted to adopt a son to inherit
their property. Kriti, however, was not very
keen on this idea; she wanted to have
her own bloodline. But Lakshya was very
coercive, so Kriti agreed to adopt a son.
They went to a nearby local orphanage
and then saw a little boy and decided to
adopt him. Is adoption legal here?
(A) No, because they could have their
own Child and not adopt.
(B) Yes, because Lakshya had the
consent of Kriti to adopt a son.
(C) Yes, they both mutually decided to
own a child and so adopted one.
(D) No, because Kriti's consent was not
free at all, and so it is not a valid
adoption.
Q49 Karan and Karuna were high school
lovers. They were always only with each
other, and once they graduated from the
same college, they also got a job in the
same company, and then they eventually
moved in as well. Soon, they decided to
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have children. Karuna gave birth to a
baby girl, and they lived happily. But one
day, due to some argument, Karan left
them and got married to someone else.
Then he wanted to adopt a daughter
with his current wife. Can Karan be
allowed to adopt a child? Assume all the
people mentioned here are Hindus.
(A) Yes, but only after Karan's wife
consents to adopt a child, then only.
(B) Yes, as he can legally have a child by
adopting the same.
(C) No, because he already had a living
child at the time of adoption, so he
cannot.
(D) Yes, because the girl he had with
Karuna was not a legal child.
Q50 Jacob and his girlfriend Jessica were
together for two years; they were still in
college and had already, however,
decided to get married and live together.
One day, suddenly, however, their happy
paradise was put to debris as a car ran
over the pregnant Jessica, and she died
along with her baby. Jacob was very sad
and traumatized. He wanted to adopt a
baby girl and name her Jessica to honour
his dead girlfriend. He went to an
adoption agency and told them he
wanted to have a baby girl. He is 20
years old; can he adopt? Assume they
are Hindus.
(A) No, because he is barely an adult
himself, he cannot be responsible for a
child.
(B) No, because he can still have a child
of his own rather than adopting one.
(C) Yes, because he is a Hindu male and
can adapt.
(D) No, because he is only twenty and the
age requirement does not fit here.
Directions (51-55) Read the following passage
and answer the given questions.
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Supreme Court bench comprising of Justice
K.M. Joseph and Hrishikesh Roy observed that
when a son relinquishes the right to the self-
acquired property of the father, then the
principle of estoppel is applied. Section 115 of
the Indian Evidence Act, 1872 incorporates the
meaning of estoppel as when one person either
by his act or omission, or by declaration, has
made another person believe something to be
true and persuaded that person to act upon it,
then in no case can he or his representative
deny the truth of that thing later in the suit or in
the proceedings. In simple words, estoppel
means one cannot contradict, deny or declare
to be false the previous statement made by him
in the Court. Therefore, the court ruled that his
sons do not have a claim on that property.
As per the suit details a suit for partition was
filed by two children from a man's second
marriage regarding a self-acquired property of
Sengalani Chettiar. Chandran, the son from
Chettiar's first marriage, executed a Release
Deed before his death. Chettiar passed away
in 1988, and his wife from the second marriage
passed away in 2005. The plaintiffs sought to
exclude the successors of the son from the first
marriage based on the Release Deed signed in
1975 , but the Trial court deemed it void as it
was executed while Chettiar was still alive. The
plaintiffs were granted a 2/7 share. The High
Court allowed a challenge to this decision,
which was then appealed by Chandran's sons
to the Supreme Court.
Based on the ‘Release Deed’, the court inferred
that the intention of the father was to deny any
right of the son in regard to the property. It was
contended that as per Sec 8(1) of the Hindu
Minority and Guardianship Act, The natural
guardian of a Hindu minor has power, subject to
the provisions of this section, to do all acts
which are necessary or reasonable and proper
for the benefit of the minor or for the realization,
protection or benefit of the minor’s estate; but
the guardian can in no case bind the minor by
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a personal covenant.. The argument put forth
by the appellants before the Apex Court was
that they were minors at the time of the
‘Release Deed’.
However, the Court refused to discard the
‘Release Deed’ based on this argument and
noted that Chandran himself had no right on
the property. In regard to estoppel, the Court
referred to Section 8(a) of the Hindu Succession
Act, as per which the rights would not devolve
on the appellant whose father was estopped to
inherit the property in view of the
relinquishment.
The court noted that there is a clear case of
estoppel which resulted from Chandran
relinquishing his rights, thereby allowing his
father i.e., Chettiar free to deal with the
property without being haunted by any claims
from him or his successors. Hence, the Apex
Court found no merit in the appeal and
dismissed it.
Q51 Which of the following statements is
FALSE based on the given passage?
(A) Estoppel means one cannot
contradict or deny a previous
statement made by him in the court.
(B) Natural guardian of a Hindu minor has
power, to do all acts which are
necessary or reasonable and proper
for the benefit of the minor
(C) The rights do not devolve on the
appellant whose father was estopped
to inherit the property in view of the
relinquishment
(D) A minor can be bound by a personal
covenant made by the natural
guardian under the Hindu Minority and
Guardianship Act.
Q52 Mr. Gupta, a Hindu man, passed away
leaving behind his self-acquired property.
His wife passed away several years ago,
and they had two sons, Rohit and Rahul.
Rohit claims that he is entitled to a larger
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share of the property as he had invested
a significant amount of money in the
maintenance and renovation of the
property, while Rahul did not contribute
anything. Rahul argues that since the
property was self-acquired by their
father, they both have an equal right to it.
Which of the following statements is TRUE
based on the given passage?
(A) Rohit is entitled to a larger share of
the property since he invested more
money in its maintenance and
renovation.
(B) Rahul is entitled to a larger share of
the property as he did not contribute
anything towards its maintenance and
renovation.
(C) Both Rohit and Rahul have an equal
right to their father's self-acquired
property.
(D) The law does not recognize the
contributions made by either son
towards the maintenance and
renovation of the property.
Q53 Which of the following statements is true
about the relinquishment of a son's right
to self-acquired property of the father, as
per the law?
(A) A son can relinquish his right to the
property only after the death of his
father.
(B) A son can relinquish his right to the
property during the lifetime of his
father.
(C) Once a son has relinquished his right
to the property, he can contest it later
in the court of law.
(D) The relinquishment of a son's right to
the property has no legal effect.
Q54 What is the legal implication of executing
a release deed for a self-acquired
property?
(A)
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The release deed is void as it was
executed while the property owner
was alive
(B) The release deed can be used to
exclude the successors of the person
who executed it
(C) The release deed is only applicable to
ancestral properties, not self-
acquired ones
(D) The release deed can be challenged
by the successors of the person who
executed it, even if it was executed
before their birth
Q55 Ravi is the natural guardian of his minor
son Rohit, who inherited a property from
his deceased grandfather. Ravi decides
to sell the property. Which of the
following statements is true?
(A) Ravi has the power to sell the property
as he is the natural guardian of his
minor son.
(B) Ravi cannot sell the property without
seeking permission from the court as it
is a minor's property.
(C) Ravi can only sell the property if the
sale is for the benefit of the minor.
(D) Ravi can only sell the property after
Rohit reaches the age of majority.
Directions (56-60) Read the following passage
and answer the given questions.
The recent judicial interpretation by Chief
Justice Chandrachud has profoundly shaped
the legal landscape governing inheritance
within Hindu Undivided Families (HUFs) in India,
marking a significant departure from past
interpretations. In a case centering on Section
16(3) of the Hindu Marriage Act, the apex court
has articulated an inclusive approach to the
rights of children born from void or voidable
marriages, solidifying their claim to inheritance
within the ambit of the Hindu Succession Act.
Key to this landmark decision is the recognition
of the legitimacy conferred upon children from
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such marriages by the Hindu Marriage Act.
Chief Justice Chandrachud's stance
underscores the need to view the birth of a
child independently of the circumstances
surrounding their parents' union, ensuring that
these children are not deprived of the rights
granted to offspring born from valid marriages.
By emphasizing the innocent nature of the
child, the court has sought to uphold their
entitlement to their parents' property, whether
self-acquired or ancestral, while also outlining
the limitations of their claims to their parents'
property alone.
Of particular significance is the application of
the concept of notional partition within the
framework of the Mitakshara law of succession
governing HUFs. The Chief Justice has
advocated for the determination of a
deceased parent's share in the ancestral
property through this method, ensuring that
their children, born from void or voidable
marriages, receive their rightful portions in the
property based on the notional partition. This
pivotal step further reinforces the principle of
equality, enshrined within the Hindu Succession
Act, by providing legitimate kinship status to
these children for inheritance purposes.
Furthermore, the court's recognition of the
amendments introduced by the Hindu
Succession (Amendment) Act, 2005, holds
crucial implications for the devolution of a
deceased person's share in a joint Hindu family.
Prior to the amendment, the devolution was
limited to survivorship, whereas the amended
provision now allows for the transfer of property
through testamentary or intestate succession,
ensuring equal rights of succession for both
men and women. This transformative stance
aligns with the evolving social dynamics
surrounding legitimacy and reflects a
progressive approach to inheritance laws that
accommodates shifting societal norms.
Chief Justice Chandrachud's elucidation of the
legal provisions governing the inheritance rights
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of children from void or voidable marriages the other children from the valid
signifies a significant step toward safeguarding marriage.
their interests within the framework of the Hindu (C) The child born from the void marriage
Succession Act. By advocating for a holistic will be entitled to an equal share in
understanding of legitimacy and equality, the the self-acquired property, as they
judgment embodies a crucial stride towards a are a legitimate child under Section
more equitable and inclusive legal landscape 16(3) of the Hindu Marriage Act.
for familial succession in India. (D) The court will decide the division of
the property on a case-by-case
Q56 A child is born to a Hindu couple whose
basis, considering the specific
marriage is annulled on the grounds of
circumstances involved.
voidability. The child's father dies
intestate, leaving behind ancestral Q58 A Hindu woman has a child from a void
property. Under the recent judicial marriage. The child's father dies intestate,
interpretation by Chief Justice leaving behind ancestral property that is
Chandrachud, how can the child claim governed by the Mitakshara law of
their share in the ancestral property? succession. Under the recent judicial
(A) The child can claim their share interpretation, how can the child claim
through a notional partition, their share in the ancestral property?
irrespective of the status of their (A) The child can claim their share
parents marriage. through a notional partition, as if the
(B) The child can claim their share only if parents' marriage had been valid.
the other members of the HUF agree (B) The child can claim their share by
to it. becoming a coparcener in the HUF.
(C) The child cannot claim any share in (C) The child can claim their share only if
the ancestral property, as their the other members of the HUF agree
parents' marriage was voidable. to it.
(D) The child can claim their share on a (D) The child cannot claim any share in
par with other children born from valid the ancestral property, as their
marriages. parents' marriage was void.

Q57 A Hindu couple has two children, one
born from a valid marriage and the other
born from a void marriage. The father
dies intestate, leaving behind
acquired property. Under the recent
judicial interpretation, how will
property be divided among the children?
(A) The child born from the void marriage
will not be entitled to any share in the
self-acquired property.
(B) The child born from the void marriage
will be entitled to a share in the self-
acquired property, but not at par with
Q59 A Hindu couple has a child from a
voidable marriage. The child's parents
execute a will, bequeathing all of their
self- property to their other child from a valid
marriage. Under the recent judicial
the interpretation, is the child from the
voidable marriage entitled to challenge
the will?
(A) The court will decide whether the child
is entitled to challenge the will on a
case-by-case basis, considering the
specific circumstances involved.
(B) No, the child is not entitled to
challenge the will, as their parents

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were free to dispose of their property extends to all individuals related by blood,
as they wished. marriage, or adoption.
(C) The child may be entitled to challenge The structure of an HUF starts with a married
the will, but only if they can show that Hindu couple, which can become an HUF upon
the will was made under duress or receiving ancestral property. The birth of a
undue influence. child, regardless of gender, further solidifies this
(D) Yes, the child is entitled to challenge entity. Even a single male member can form an
the will, as they are a legitimate child HUF upon marriage.
under Section 16(3) of the Hindu The head of an HUF, known as the 'Karta', is
Marriage Act. typically the eldest male member. He possesses
significant authority over the family's
Q60 Under Chief Justice Chandrachud's
management, maintenance, and property
interpretation of Section 16(3) of the
decisions. The Karta can also appoint a
Hindu Marriage Act, children born from
manager, who may or may not be a family
void or voidable marriages are:-
member, to assist in managing the HUF's affairs.
(A) Not entitled to inherit their parents'
A landmark 2016 judgment by the Delhi High
property.
Court recognized that women could also
(B) Entitled to inherit their parents'
become Kartas, expanding the rights of
property, but only if the other
females under the Hindu Succession Act of 1956.
members of the HUF agree to it.
This development underscores the HUF as a
(C) Entitled to inherit their parents'
unit represented and managed solely by the
property at a par with children born
Karta, with no possibility of external individuals
from valid marriages.
joining, except through adoption or agreement.
(D) Entitled to inherit their parents'
Membership in an HUF is diverse. It includes all
property at the discretion of the
male lineal descendants with a common
court.
ancestor, their wives, unmarried daughters,
Directions (61-65) Read the following passage widows of deceased male members, married
and answer the given questions. daughters who return to their parental home,
Hindu Undivided Family (HUF) is a unique individuals related by adoption, collaterals,
business entity recognized under the Income dependents, sons born from interfaith
Tax Act of 1961 in India. Though not explicitly marriages under the Special Marriage Act of
defined in the Act, it falls under the category of 1954, and even illegitimate children.
'person' as per Section 2(31) and is interpreted in In the context of wealth tax, the Supreme Court
accordance with Hindu personal laws. HUF is in the case of 'Narendranath vs Commissioner
not merely a large family structure but a legal of Wealth-tax' clarified that the term 'HUF' in
entity for tax purposes. the Wealth Tax Act is interpreted as per Hindu
In Hindu Law, an HUF comprises lineal Personal Law. Here, an HUF can consist of a
descendants of a common ancestor, including single male member, his wife, and their
their wives, unmarried daughters, and other daughters. The Wealth Tax Act does not
members like widowed daughters or mandate a minimum number of male members
daughters-in-law who return to their father's for an entity to be recognized as an HUF.
home. A daughter becomes a member of her In summary, the Hindu Undivided Family is a
husband's HUF upon marriage, ceasing to be a legal and tax entity defined by Hindu personal
member of her father's HUF. Membership law and recognized under the Income Tax Act

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of 1961. It includes a wide range of family
members related by blood, marriage, or
adoption and is managed by a Karta, who can
now be either male or female following legal
advancements. This entity plays a significant
role in the financial and legal aspects of familial
structures in Hindu law.
Q61 Who is eligible to become the 'Karta' of a
Hindu Undivided Family (HUF) after the
2016 Delhi High Court judgment?
(A) Only the senior-most male member of
the family
(B) Any male member of the family
(C) Either the eldest male or female
member of the family
(D) Any member appointed by the family
members
Q62 In the context of the Hindu Undivided
Family (HUF), what signifies the creation
of a new HUF entity?
(A) Marriage of the family's eldest male
member
(B) The birth of a child in the family
(C) Receipt of ancestral property by a
married Hindu couple
(D) Adoption of a child into the family
Q63 Under which act is the Hindu Undivided
Family (HUF) recognized as a separate
legal entity for taxation purposes?
(A) Hindu Marriage Act, 1955
(B) Hindu Succession Act, 1956
(C) Income Tax Act, 1961
(D) Special Marriage Act, 1954
Q64 In the context of a Hindu Undivided
Family (HUF), what is the status of
illegitimate children in relation to their
father's HUF?
(A) They are not recognized as members
of the HUF.
(B) They are recognized as members of
their father's HUF.
(C)
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They can only be members if formally
adopted.
(D) Their status is determined by the
mother's marital status
Q65 Which of the following members cannot
be a part of Hindu Undivided Family
(HUF)?
(A) Married daughters living with their
husbands
(B) Widows of deceased male members
(C) Sons born from a marriage between
a Hindu male and a Christian woman
(D) Unmarried daughters
Directions (66-70) Read the following passage
and answer the given questions.
The Hindu Undivided Family (HUF) in Hindu Law
is a unique legal entity comprising lineal
descendants from a common ancestor,
including their spouses, daughters (married or
unmarried), and other relatives like widows or
daughters-in-law who return to their paternal
home. Upon marriage, a daughter becomes
part of her husband's HUF, ceasing to be a
member of her father's HUF. Membership
extends to all related by blood, marriage, or
adoption.
Coparceners in HUF: Traditionally, coparceners
were only male members of a family. However,
the 2005 amendment to the Hindu Succession
Act eliminated gender discrimination, allowing
daughters to be coparceners too. Coparceners
are limited to four generations from a common
male ancestor, including father, son, grandson,
and great-grandson. Despite this amendment,
a common male ancestor remains a necessity.
Importantly, coparceners have rights to
ancestral property from birth, and while all
coparceners are members of an HUF, not all
members are necessarily coparceners.
In Gowli Buddanna vs CIT, it was established
that a joint Hindu family doesn't require more
than one coparcener; even a husband and wife
can constitute a valid HUF. Interestingly, an
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individual can be part of multiple HUFs, for Undivided Family (HUF)?

example, being a Karta in his HUF and a (A) Only male members of the family
coparcener in his father’s HUF. (B) Both male and female members of the
Schools of Hindu Law: There are two main family
schools - Dayabhaga in Bengal and Assam, (C) Only the eldest male member of the
and Mitakshara in the rest of India. The key family
difference lies in the creation and operation of (D) Only the Karta of the family
HUFs and inheritance laws. Under Mitakshara, a
Q67 What is the maximum number of
child gains a share in family property at the
generations that can be coparceners in
very inception (automatically), while in
an HUF?
Dayabhaga, the son acquires no such share by
(A) Two generations
birth and has no interest in family property as
(B) Three generations
long as the father is alive. The HUF in
(C) Four generations
Dayabhaga law is formed by the voluntary
(D) Unlimited generations
decision of legal heirs, unlike the automatic
formation in Mitakshara law. Q68 In which of the following scenarios can a
Inheritance and Property in HUF: A HUF can HUF be formed under Hindu Law?
acquire property through various means like (A) When a Hindu male inherits property.
gifts, wills, existing properties, joint labor, etc. A (B) When a Hindu male marries.
self-acquired property of a Hindu male is (C) Upon the birth of a child in a Hindu
inherited by his legal heirs as per succession family.
rules and is treated as individual property. The (D) Through the acquisition of self-
deceased coparcener's share in HUF transfers earned property.
by survivorship to the next coparcener, which is
separate property. Q69 What is the residential status of a Hindu
Residential Status of HUF: As per the Income Undivided Family (HUF) if the Karta
Tax Act, the HUF is a separate legal entity. The resides in India for 500 days over the past
residential status, crucial for tax purposes, 7 years?
depends on the Karta's presence and (A) Resident and ordinarily resident.
management activities in India. The categories (B) Resident but not ordinarily resident.
for taxpayers based on residential status are (C) Non-resident.
Non-resident, Resident and ordinary resident, (D) The residential status of HUF does not
and Resident but not ordinary resident. A HUF is depend on Karta's residence.
resident in India if its management and control
Q70 Under which circumstances does a Hindu
are wholly or partly in India. The Karta must
Undivided Family (HUF) acquire the status
have been resident in India for at least 2 years
of 'Non-Resident' under the Income Tax
out of the 10 years immediately preceding the
Act?
relevant year and must have spent at least 730
(A) If the Karta spends less than 182 days
days in India during the 7 years preceding that
in India in a year.
year. If these conditions are not met, the HUF is
(B) If the majority of the HUF members live
considered non-resident or resident but not
outside India.
ordinarily resident.
(C) If the control and management of the
Q66 Under the Hindu Succession Act of 2005, HUF are situated entirely outside
who can be a coparcener in a Hindu India.

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(D) If the HUF does not own any property
in India.
Directions (71-75) Read the following passage
and answer the given questions.
Muslim law or Islamic law is known to originate
from the divine and not like the man-made
laws that are passed by lawmakers and are
governed by the principles of modern systems
of law. Islam signifies submission to the will of
God and means peace, purity, salvation, and
obedience. Muslims believe that there is only
one god, Allah.
The traditional Islamic law or Islam's legal
system is well known as Sharia, it is an Arabic
word which in the literal sense is referred to as
the way. Sharia is originated from Allah and
that is the reason that Muslims consider it as
holy. Muslims consider it a word of God that
regulates and evaluates human conduct. The
Sharia is also derived from Prophet
Mohammed's principles and by some Muslim
legal scholars who interpreted his teachings. It
is said that Islamic jurisprudence is also
something that goes back to the lifetime of
Mohammed. For Muslims, the Quran' is the only
disclosed book of Allah.
In the case of Narantakath v. Prakkal (1922) ILR
45 Mad 986, it was stated that there are two
basic beliefs of Muslims: the existence and
oneness of God, and the belief in the truth of
Prophet Mohammed's mission.
Sources of Muslim Law
The primary sources of Muslim law are the
Quran, the Sunnat (the way of the Prophet), the
Ijma (consensus of Islamic scholars), and the
Qiyas (reasoning by analogy). Other secondary
sources are judicial decisions, customs, and
legislation.
Primary Sources:
Quran
The Quran is derived from the Arabic word
Qurra which means to read. Every word of the
Quran is the word of god, communicated to the
Prophet Mohammed through the angel Gabriel
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for the benefit of mankind, at different times,
places, and situations during the period from
609 to 632 A.D. The Quran is structured in Arabic
and it consists of 114 chapters, which are known
as suras. The suras contain 6666 verses which
are called Ayats and a total number of 77, 934
words. Out of these verses, 200 dealt with legal
principles such as marriage, maintenance,
transfer of property, inheritance, etc. The Quran
was disclosed over two periods which are:
1. Meccan
2. Medinan
The words of the Quran are divine, they cannot
be amended, revised, or modified by any
institution or human agency. The sacred book
has been translated into several languages as
well.
Sunnat is also known as Hadis or Sunna, it is the
traditions of the Prophet Mohammed. The term
Sunnat means a procedure, the trodden path
or a way of action. Quran consists of the words
of Allah but on the other hand, Sunnat indicates
some precedents, acts, language, and the
practice of the Prophet. Whatever the actions
of the Prophet were or the Prophet said or did
was considered as a tradition. According to
Islamic law, there are two types of revelations
i.e. manifest (Zahir) and internal (Batin).
The Traditions of Sunna comprises of:
1. Sunnat-ul-Fail
2. Sunnat -ul-Tuqrir
3. Sunnat-ul-Qaul
Q71 In a case where a Muslim individual claims
self-defence based on the principles of
Islamic law, which primary source would
they likely refer to for guidance on moral
conduct and legal principles?
(A) The Ijma (consensus of Islamic
scholars)
(B) The Sunnat (the way of the Prophet)
(C) The Quran
(D) The Qiyas (reasoning by analogy)
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Q72 Considering the legal framework (D) The Qiyas (reasoning by analogy)
described in the passage, if a Muslim
Directions (76-80) Read the following passage
scholar aims to derive legal rulings by
and answer the given questions.
drawing analogies from existing
The Muslim law has been derived from various
precedents, which secondary source of
primary sources. These are classified as:
Muslim law would they employ?
Quran
(A) Judicial decisions
It is the original or primary source of Muslim Law.
(B) Legislation
It is the name of the holy book of the Muslims
(C) Customs
containing the direct revelations from God
(D) The Sunnat (the way of the Prophet)
through the Prophet. The direct express or
Q73 In a hypothetical scenario where a manifest revelations consist of the
dispute arises regarding the communications made by the angel, Gabriel,
interpretation of a particular verse from under directions from God, to Mohammed,
the Quran concerning property either in the very words of God or by hints and
inheritance, which primary source of of such knowledge which the Prophet has
Muslim law would hold the highest acquired through the inspiration (Ilham) of God.
authority for resolving the issue? All the principles, ordinances, teachings, and
(A) The Sunnat (the way of the Prophet) practices of Islam are drawn from the Quran.
(B) The Qiyas (reasoning by analogy) The contents of the Quran were not written
(C) The Quran during the lifetime of the Prophet, but these
(D) The Ijma (consensus of Islamic were presented during the lifetime of the
scholars) Prophet, in the memories of the companions.
There is no systematic arrangement of the
Q74 If a Muslim community is faced with a new
verses in the Quran but they are scattered
social issue not explicitly addressed in the
throughout the text. It contains the
Quran or the Sunnat, which method of
fundamental principles which regulate the
legal reasoning described in the passage
human life. The major portion of the Quran
would likely be employed to arrive at a
deals with theological and moral reflections.
decision consistent with Islamic
Sunna (Traditions or Ahadis)
principles?
The term ‘Sunna’ literally means ‘the trodden
(A) Customary law
path.’ It denotes some practice and precedents
(B) Judicial decisions
of the Prophet, whatever the Prophet said or
(C) Legislation
did without reference to God, and is treated as
(D) The Qiyas (reasoning by analogy)
his traditions. It is the second source of Muslim
Q75 In a scenario where a Muslim jurisdiction is law. Traditions are injunctions of Allah in the
considering implementing new words of the prophet. Where the words of Allah
regulations on marriage practices, which could not supply authority for a given rule of
primary source of Muslim law would carry law, the Prophet’s words were treated as an
the most weight in guiding the decision- authority because it is believed that even his
making process? sayings derived inspiration from Allah.
(A) The Sunnat (the way of the Prophet) Sunna or traditions consists of:
(B) The Ijma (consensus of Islamic Sunnat-ul-Qual (word spoken)
scholars) Sunnat-ul-Fail (conduct)
(C) The Quran Sunnat-ul-Tahrir (silence)

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Ijma (Consensus)
With the death of the prophet, the original law-
making process ended, so the questions, which
could not be solved either by the principles of
the Quran or the Sunna, were decided by the
Jurists with the introduction of the institution of
Ijma. Ijma means agreement of the Muslim
Jurists of a particular age on a particular
question of law, in other words, it is the
consensus of the Jurist’s opinion.
There are three kinds of Ijma:
Ijma of Companions:The concurrent opinion
of the companions of the Prophet was
considered most authoritative and could not
be overruled or modified.
Ijma of the Jurists:This was the unanimous
decision of the jurists (other than the
companion).
Ijma of the people or masses:It is the opinion
of the majority of Muslims which was
accepted as law. But this kind of Ijma has
little value.
Qiyas (Analogical deductions)
The word Qiyas was derived from the term
‘Hiaqish’ which means ‘beat together.’ In Arabic
Qiyas means ‘measurement, accord, and
equality.’ In other words, it means measuring or
comparing a thing to a certain standard, or to
‘establish an analogy.’ If the matters have not
been covered by Quran, Sunna, or Ijma, the law
may be deducted from what has been already
laid down by these three authorities by the
process of analogy (Qiyas). The Qiyas is a
process of deduction, which helps in
discovering law and not to establish a new law.
Its main function is to extend the law of the
text, to cases that do not fall within the purview
of the text.
Q76 Fatima, a devout Muslim, is accused of
violating a religious law. She claims that
her actions were per the teachings of the
Quran. Can Fatima rely solely on the
Quran as a defense in this legal matter?
(A)
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Yes, because the Quran is the primary
and original source of Muslim Law,
containing fundamental principles
regulating human life.
(B) No, because the Quran does not
provide specific instructions for every
aspect of human conduct, requiring
supplementary guidance from other
sources like Sunna and Ijma.
(C) Yes, because the Quran contains
direct revelations from God through
the Prophet, which are considered
superior to any other sources of law.
(D) No, because the contents of the
Quran were presented during the
Prophet's lifetime through the
memories of companions, which may
lead to interpretation challenges.
Q77 Aisha is accused of violating a traditional
practice within her community. She
argues that her actions were consistent
with the Sunna of the Prophet. Can Aisha
rely on Sunna to justify her conduct?
(A) Yes, because Sunna encompasses the
practices and precedents of the
Prophet, providing authoritative
guidance for Muslims.
(B) No, because Sunna is a secondary
source of Muslim Law, and its
applicability may vary depending on
the interpretation of different scholars.
(C) Yes, because the Prophet's words and
conduct, as recorded in Sunna, are
considered inspired by Allah and hold
significant authority in matters of law.
(D) No, because Sunna lacks the same
level of authenticity as the Quran and
may not be universally accepted as a
legal basis.
Q78 Ali is faced with a legal dilemma where
neither the Quran nor the Sunna offers
direct guidance. In such a situation, can
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Ali resort to the principle of Ijma for
resolution?
(A) Yes, because Ijma provides a in the Quran, Sunna, and Ijma. Can Zara
mechanism for resolving legal
questions that cannot be addressed
by Quranic principles or Prophetic
traditions.
(B) No, because Ijma is limited to the
agreement of Muslim jurists and may
not hold sufficient authority in matters
where there is disagreement among
scholars.
(C) Yes, because Ijma represents the
consensus of jurists from a particular
age, serving as a supplementary
source of law when primary sources
are silent.
(D) No, because Ijma is predominantly
based on the opinions of a select
group of scholars and may not
accurately reflect the broader views of
the Muslim community.
Q79 Hasan finds himself in a legal dispute
where existing laws do not provide clear
guidance. Can Hasan apply the principle
of Qiyas to derive a legal solution?
(A) Yes, because Qiyas allows for the
extension of existing laws to cover
cases not explicitly addressed by
primary sources like the Quran and
Sunna.
(B) No, because Qiyas is primarily a
method of deduction and cannot be
used to establish entirely new legal
principles.
(C) Yes, because Qiyas involves
measuring or comparing a situation to
established standards, enabling the
derivation of legal rulings through
analogy.
(D) No, because Qiyas lacks the same
level of authority as the Quran, Sunna,
or Ijma, and its application may vary
among different legal scholars.
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Q80 Zara is accused of a crime that falls
outside the scope of explicit laws found
invoke the principle of Qiyas to justify her
actions?
(A) Yes, because Qiyas allows for the
extension of existing legal principles
to cover cases not directly addressed
by primary sources of Muslim Law.
(B) No, because Qiyas is primarily based
on analogy and cannot be applied to
situations where there is no precedent
or established standard.
(C) Yes, because Qiyas serves as a
supplementary source of law,
enabling the derivation of rulings
through comparison with existing
principles.
(D) No, because Qiyas is a method of
deduction and cannot be used to
establish new laws where primary
sources are silent.
Directions (81-85) Read the following passage
and answer the given questions.
The essentials of a valid Muslim Marriage (Sahih)
are as follows:
Proposal and Acceptance
In a Muslim Marriage, proposal is referred to as
‘ijab’ and acceptance of the same as ‘qubul’. A
proposal should be made by or on behalf of
one party and the same should be accepted
by the other party.
Soundness of Mind
At the time of marriage, both the parties should
be of sound mind. A person of unsound mind
has no capacity to enter into a contract and in
the eyes of law his consent will be considered
as no consent. Unsoundness is of two types: (a)
Idiocy: It refers to a completely abnormal state
of mind. Person belonging to this category are
incompetent to contract, and (b) Lunacy: It
refers to a curable mental disease. A lunatic
person can enter into a contract in the time
interval in which he behaves like sane person.
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Dower
It is referred to as ‘mahr’. It refers to the amount
of money or other property which a bridegroom
has to give to the bride as a consideration of
marriage. Its object is to offer the bride a sense
of financial security within and after the
termination of marriage. In the case of Nasra
Begum v. Rizwan Ali[iv], the Allahabad High
Court held that the right to mahr comes into
existence before cohabitation. The Court also
concluded that if wife is a minor, her guardians
can refuse to send to her husband until
payment of the dower, and if she is in her
husband’s custody, then she can also be
brought back.
Marriage during Iddat
It is referred to as a period of waiting after the
death of her husband or after the termination
of marriage during which she cannot remarry.
The purpose of the iddat is to check whether
the woman is pregnant or not to clear doubts
of the paternity of any child born. A divorced
woman has to observe for a period of three
months whereas a widow observes it for four
lunar months and ten days after the death of
her husband. If the woman is pregnant then if
extends up to her delivery. Under Sunni law,
marriage during iddat is considered irregular
whereas, under Shia law, it is considered void.
Q81 Amina and Farid have decided to get
married. Amina's family proposes the
marriage, and Farid accepts. However,
Amina has been diagnosed with a
curable mental illness. What is the legal
status of this proposed marriage?
(A) The marriage is valid since Amina's
illness is curable.
(B) The marriage is invalid due to Amina's
unsound mind.
(C) The marriage is valid if Amina's mental
illness doesn't affect her
understanding at the time of the
proposal and acceptance.
(D)
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The marriage is valid, but Amina's
consent is not required due to her
mental illness.
Q82 Zara and Ahmed are about to enter into
a Muslim marriage. Zara's family requires
Ahmed to provide a significant amount of
money as a gift to Zara as a condition for
the marriage to proceed. What is this gift
called, and what is its purpose?
(A) It is called "Nikah" and signifies the
marriage contract.
(B) It is called "Mahr" and symbolizes the
groom's commitment to financial
security for the bride.
(C) It is called "Wakil" and serves as a
legal guardian's acceptance of the
marriage.
(D) It is called "Iddat" and ensures a
waiting period before the marriage is
consummated.
Q83 After the death of her husband, Aisha is in
a waiting period called "Iddat." During
this time, she is discovered to be
pregnant. How will her waiting period be
affected?
(A) The waiting period will be extended
until the child is born.
(B) The waiting period will be shortened
due to the pregnancy.
(C) The waiting period will be temporarily
suspended.
(D) The waiting period will continue as
originally stipulated.
Q84 Yasir proposes to Amira, and she
accepts. However, Amira is a minor, and
her parents are her legal guardians. They
demand that the dower (mahr) be paid in
full before allowing the marriage to take
place. How does Islamic law view this
situation?
(A) The dower payment is not necessary
for marriages involving minors.
(B)
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The dower payment should be made
after the marriage ceremony.
(C) The marriage can't take place until
the dower is paid, even if Amira's
parents demand it.
(D) The dower payment is only applicable
when both parties are of legal age.
Q85 Ali and Fatima were married under Shia
law. After the marriage, it was discovered
that their marriage took place during
Fatima's waiting period (Iddat) following
a divorce. How does Shia law view such a
marriage?
(A) The marriage is considered valid, but
Fatima must continue her Iddat.
(B) The marriage is null and void
according to Shia law.
(C) The marriage is irregular and requires
a fresh proposal and acceptance.
(D) The marriage is allowed, but the
waiting period must be extended.
Directions (86-90) Read the following passage
and answer the given questions.
A valid Muslim marriage must be free from any
kind of disability or restriction. There are 2 types
of restrictions on Muslim marriage:
1. Absolute prohibition
2. Relative prohibition
Where an absolute prohibition renders the
marriage void, a relative prohibition makes it
irregular, which can become a valid marriage
on the removal of the irregularity.
Absolute prohibition
If the parties to a Muslim marriage are bound
by blood relationships or prohibited degrees,
then they cannot marry each other. Such
marriages are prohibited absolutely, and if
done, it renders a marriage void. Absolute
prohibition arises from the following
relationships:
Consanguinity (Quarabat) – all blood
relationships fall under this category and a man
is not allowed to marry in his blood
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relationships. Some examples of such
relationships are his mother or grandmother, his
daughter or granddaughter, his niece, etc.
Affinity (Mushaarat) – a marriage within certain
close relationships is also prohibited. Example:
wife’s mother, daughter, wife of his father, wife
of his son, etc.
Fosterage (Riza) – if a child has been breastfed
by a woman other than his mother then that
woman becomes his foster mother. He cannot
marry his foster mother or foster sister. This is
absolutely prohibited in Shia law but irregular in
Sunni law
Relative prohibition
Some of the prohibitions in a Muslim marriage
are relative, which means that if a marriage is
done in contradiction or violation of such
prohibitions, then it will be rendered irregular
and not void.
The different kinds of relative prohibitions are:
Unlawful conjunction – it means that a man
cannot marry two women who are related to
each other by consanguinity, affinity, or
fosterage. Such marriage is prohibited by
Muslims. This is done to avoid any kind of
confusion about kindred or dual relationships.
However, such marriages are irregular in the
Sunni but void in the Shia.
Marrying a fifth wife – it is unlawful for a Muslim
man to have more than four wives, and if he
marries a fifth woman, then the marriage will be
irregular and can be valid only if one of 4
marriages is terminated.
Absence of proper witnesses – Witnesses are
one of the essentials for a valid marriage in
Sunni, and if a marriage is contracted in their
absence, it renders the marriage irregular.
However, the presence of witnesses is not
necessary under Shia law.
Difference of religion – a Sunni male can marry
a Muslim female of any sect or a kitabia but
cannot marry an idolatress or fire-worshipper.
Such marriages are irregular in Sunni law and
void under Shia law.
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Q86 A Sunni man wants to marry a woman
who was breastfed by his mother in
infancy. What is the Islamic legal ruling on
this marriage?
(A) The marriage is permissible.
(B) The marriage is prohibited.
(C) The marriage is allowed with certain
conditions.
(D) The marriage is valid only with the
permission of the local religious
authority.
Q87 Zayd, a Sunni man, is already married to
four wives. He decides to marry a fifth
woman without divorcing any of his
existing wives. What is the status of this
marriage?
(A) The marriage is valid in both Sunni and
Shia laws.
(B) The marriage is irregular in Sunni law
but void in Shia law.
(C) The marriage is irregular in both Sunni
and Shia laws.
(D) The marriage is void in both Sunni and
Shia laws.
Q88 Amina and Yasir are first cousins, and
they want to marry each other. What is
the Islamic legal standpoint on this
marriage?
(A) Islamic law permits the marriage of
first cousins.
(B) Islamic law prohibits the marriage of
first cousins.
(C) Islamic law allows the marriage of first
cousins under specific conditions.
(D) Islamic law does not provide any
guidance on the marriage of first
cousins.
Q89 A Muslim man marries a woman without
the presence of any witnesses. What is
the legal consequence of this marriage
according to Islamic law?
(A) The marriage is valid in both Sunni
and Shia laws.
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(B) The marriage is irregular in Sunni law
but valid in Shia law.
(C) The marriage is irregular in Sunni law
but void in Shia law.
(D) The marriage is void in both Sunni and
Shia laws.
Q90 Sarah's husband has passed away, and
she is considering marrying a man from a
different religion. How does Islamic law
address this situation?
(A) Both Shia and Sunni law allow Sarah
to marry a man from a different
religion without any restrictions.
(B) Shia law permits such a marriage, but
Sunni law prohibits it.
(C) Sunni law allows such a marriage, but
Shia law prohibits it.
(D) Both Shia and Sunni law prohibit
Sarah from marrying a man from a
different religion.
Directions (91-95) Read the following passage
and answer the given questions.
The Muslim Personal Law (Shariat) Application
Act of 1937 in India regulates talaq-related
concerns and other private affairs for Muslims.
In this version of talaq-e-Ahsan, the husband
only says the word "talaq" once during the
wife's "tuhr," a time when she is not
menstruating, and the pair has not had sexual
contact. After then, the wife must observe an
iddat period (waiting time) for three menstrual
cycles or three months, whichever is longer. If
the husband chooses not to reverse the divorce
within this time, it will become final after the
iddat period. The husband must say "talaq"
three times at successively pure intervals while
they are not having sexual relations. This is
known as talaq-e-Hasan. After the third
proclamation, there is a comparable waiting
time to Talaq-e-Ahsan. If no revocation occurs
during this time, the divorce is declared to be
final. Talaq-e-Bid'ah talaq relates to novelties
or departures from customary divorce
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procedures. certain Islamic scholars believe it to
be invalid, and certain schools of law do not
accept it. It entails saying the word "talaq"
three times at once or in a different way from
what is customary, there is no protection
against such arbitrary divorce whereas there
some talaq that can be specifically performed
by Muslim women Khul' (Khall): Khul' is a form of
divorce initiated by the wife, where she seeks to
dissolve the marriage by returning her dowry or
some other financial settlement to the
husband. The husband's consent is typically
required for this type of divorce. Khul' is
recognized in most Islamic legal traditions and
is a means for women to seek divorce when
their marital situation is difficult or unhappy,
Muslim couples may include in their marriage
contracts that they have the option of divorce
(talaq). This practice is referred to as "Talaq al-
Tafweed" If specific requirements outlined in the
marital contract are completed in this situation,
the woman may file for divorce. Union of India v.
Danial Latifi (2001): The Muslim Personal Law
(Shariat) Application Act, 1937's Section 2, which
recognizes the Shariat as the personal law of
Muslims but also specifies that it will not apply
to matters of inheritance, marriage, etc. if they
are in conflict with justice, equity, and good
conscience, whether they were subject to
Muslim personal law, Muslim women were
entitled to maintenance under Section 125 of
the Criminal Procedure Code
Q91 A husband residing in UAE called her wife
who resides in a village of Bihar and over
the call pronounced talaq three times
over the period of three months, What
kind of divorce is it
(A) Talaq-e-Bid’ah
(B) Talaq-e-Hasan
(C) Talaq-e-Ahsan
(D) Talaq al-Tafweed
Q92 A recently married Muslim couple
experiencing marital problems jointly
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decided to obtain a divorce through
Talaq-e-Hasan. Until the divorce is
officially declared, they would live
together and have copulation and go for
the counselling work to mend their
relationship.
(A) The divorce is a lawful divorce as the
couple themselves is willing to go
through iddat.
(B) The divorce is unlawful requirements
under talaq-e-hasan are not met.
(C) The divorce is lawful as there is
consent from both husband and wife.
(D) The divorce is unlawful as it goes
against justice, equity, and good
conscience
Q93 Sana, a Muslim woman, received a
divorce from her husband through talaq-
e-Ahsan. However, before the completion
of the prescribed waiting period, she
decides to explore the possibility of
reconciliation with her husband. What is
the status of their divorce according to
Islamic law in this scenario?
(A) The divorce is already final, regardless
of the incomplete waiting period.
(B) The divorce is not final, as the waiting
period of three months or three
menstrual cycles must be observed
completely.
(C) The divorce is null and void due to the
incomplete waiting period
(D) The divorce can only be finalized if
Sana obtains her husband's consent
after the waiting period
Q94 In a complex legal dispute, Adil, a Muslim
man, decides to initiate a divorce
through Khul' due to his wife's abusive
behaviour. Can he do so?
(A) Yes he can do so because his wife
abuses him
(B) No he cant do so because he needs
to support his wife
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(C) No, he can't do this because only the
wife can initiate a divorce through
Khul'
(D) Can't be determined
Q95 In the scenario of "Talaq-e-Bid'ah," what
action regarding the declaration of
divorce sets it apart from other forms of
divorce?
(A) The husband says "talaq" three times
during the wife's "tuhr."
(B) The husband says "talaq" three times
at successively pure intervals.
(C) The husband says "talaq" three times
at once or in a different way from the
customary method.
(D) The husband says "talaq" once during
the wife's "tuhr," followed by an iddat
period.
Directions (96-100) Read the following
passage and answer the given questions.
There are 3 forms of talaq under Muslim law-
Talaq-e-ahsan, Talaq-e- hasan and Talaq-e-
biddat.
Talaq –e-ahsan- In this form of Talaq the
husband pronounces divorce under one
instance keeping in mind that the wife is not in
her menstruating cycle and then has to wait for
the iddat period. If before completion of the
iddat period the husband has any sexual
intercourse with the wife, the divorce is revoked.
Talaq-e-hasan –It is the proper form of talaq.
Three successive pronouncement of talaq are
made in three successive tuhrs (when the
woman is not menstruating). This form of talaq
is revocable before the third pronouncement.
Talaq-e-Biddat or Triple talaq is instant talaq
and is effective as soon as the word talaq is
pronouncement. In this form of talaq, three
pronouncements can be made during a single
tuhr.
The Government came up with the amendment
in the Muslim woman (protection of rights on
marriage) Act, 1986, also known as the “triple
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talaq bill”. The bill was introduced in the Lok
Sabha on June 21, 2019 which was passed by
the Lok Sabha by majority on July 25,2019 and
was finally passed by Rajya Sabha on July
30,2019 .
Sec 2(c) of the Act says that “talaq” means
talaq-e-biddat or any other similar form of
talaq having the effect of instantaneous and
irrevocable divorce pronounced by a Muslim
husband. The word ‘talaq’ instead of Triple
talaq means it forbids all kinds of Talaq whether
it’s approved form or not is insignificant. The
Honourable Supreme Court has
acknowledgment the word “triple talaq” in this
Judgment where Muslim husband have
unilateral right on other forms of Talaq like –
Talaq-e-Ahsan, Talaq-e-Hasan etc and all the
forms of Talaq becomes irrevocable irrespective
of the limit on the third and last pronouncement
of talaq. The Act itself stops other manners of
divorce by the Muslim husbands on Muslim
wives by uttering triple talaq at a time or single
sentence.
Under Muslim law, the marriage is a pure
Contract which involves the offer, acceptance
and Consideration and along with one
witnesses from both side and another
independent male witness (the lawyer itself).
Sec 7 of the said act makes the offence, non-
Bailable and compoundable. Sec 2 of Criminal
Procedure Code 1973 talks of Bailable offence
which is also mentioned in Schedule I of the
CrPC that an offence in order to be a Bailable
offence would be an offence carrying a
punishment of less than 3 years or with fine only.
Q96 A Muslim man pronounces divorce once,
keeping in mind that his wife is not
menstruating, and waits for the iddat
period to pass. If before the completion
of the iddat period, he has sexual
intercourse with his wife, the divorce is
revoked. What kind of talaq is this?
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(A) Talaq-e-Ahsan of talaq having the effect of

(B) Talaq-e-Hasan instantaneous and irrevocable divorce
(C) Talaq-e-Biddat pronounced by a Muslim husband.
(D) None of the above (A) Both the assertion and the reason
are correct, and the reason explains
Q97 A Muslim man makes three successive
the assertion.
pronouncements of divorce during three
(B) Both the assertion and the reason
successive tuhrs (periods when his wife is
are correct, but the reason does not
not menstruating). However, he can still
explain the assertion.
revoke the divorce before the third
(C) The assertion is correct, but the
pronouncement. What kind of talaq is
reason is incorrect.
this?
(D) The assertion is incorrect, but the
(A) Talaq-e-Ahsan
reason is correct.
(B) Talaq-e-Hasan
(C) Talaq-e-Biddat Directions (101-105) Read the following
(D) None of the above passage and answer the given questions.
In the literal sense, the Arabic term ‘mahr’
Q98 A Muslim man instantly pronounces
means dower. It is a sum of money that
divorce by uttering the word "talaq" three
becomes payable by the husband to the wife
times during a single tuhr. This form of
on marriage. The mahr is executed either by
divorce is effective immediately. What
agreement between the parties or by
kind of talaq is this?
operation of law. Various jurists have tried to
(A) Talaq-e-Ahsan
define mahr.
(B) Talaq-e-Hasan
According to Wilson, mahr or dower was a form
(C) Talaq-e-Biddat
of consideration for the surrender of a person
(D) None of the above
by the wife.
Q99 During Eid 2021, a Muslim person says According to Mulla, a dower is either a sum of
"talaq" three times continuously to his money or property which the wife is entitled to
wife. Is the divorce valid? receive in the consideration of marriage from
(A) Yes, the divorce is valid under Muslim the husband.
personal law. According to Ameer Ali, a dower is a kind of
(B) No, the divorce is not valid as it consideration that belongs to the wife.
violates the rules of divorce. In the case of Abdul Kadir v. Salima,(1886),
(C) It depends on the specific laws and honourable Justice Mahmood held that dower
interpretations in the jurisdiction. under Muslim law is a sum of money or property
(D) None of the above which is promised by the husband to be paid or
delivered to the wife in consideration of
Q100 Assertion: The Muslim Women marriage and even if the dower is not expressly
(Protection of Rights on Marriage) Act, mentioned at the time of marriage, the wife still
1986, also known as the "triple talaq bill," has the right of dower.
prohibits the practice of instant and The dower may be classified into:
irrevocable divorce by pronouncing Specified dower: In this kind of dower, the
triple talaq. amount of dower is stated in the marriage
Reason: The Act defines "talaq" as contract. The dower may be settled between
talaq-e-biddat or any other similar form the parties either before the marriage or at the

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time of marriage or after the marriage. If the
marriage takes place of a minor or lunatic boy
then the amount of dower can be fixed by the
guardian. The husband can settle any amount
of dower.
The specified dower can be classified into:
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.
Proper or customary dower: If a marriage is
completed without the amount of dower fixed
in the marriage contract or marriage is
completed on the condition that the wife
should not claim any dower, then the wife is
entitled to proper dower. The amount of proper
dower is decided by taking into consideration
the amount of dower settled upon other female
members of the father’s family. The proper
dower is regulated with reference to the
following factors:
1. Personal qualifications of the wife. Like her
age, beauty, virtue, fortune, etc.
2. Social position of her father’s family.
3. Dower given to her female paternal relations.
4. Economic conditions of husband.
5. Circumstances of time.
Q101 In cases of proper dower, what role does
the wife's personal qualifications play in
determining the amount?
(A) The wife's personal qualifications
have no bearing on the amount of
proper dower.
(B) The wife's age and beauty directly
determine the amount of proper
dower.
(C) The wife's personal qualifications
serve as a reference point for
assessing her economic contribution
to the marriage.
(D) The wife's personal qualifications are
considered alongside other factors to
assess the appropriate amount of
proper dower.
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Q102 In a complex legal case, a marriage
takes place between a husband of
significant wealth and a wife who is
well-known for her intelligence and
virtue. The marriage contract does not
explicitly mention the dower amount.
However, after a few years of marriage,
the couple faces a divorce. The wife now
claims her entitlement to dower. How
does Islamic law typically address this
situation?
(A) The wife is not entitled to claim
dower since it was not specified in
the marriage contract.
(B) The husband is required to pay a
deferred dower as compensation for
the divorce.
(C) The wife's virtue and intelligence
play a significant role in determining
her dower entitlement.
(D) The wife is entitled to proper dower,
which considers various factors
including her personal qualifications.
Q103 In a marriage contract, the specified
dower is set at a substantial amount,
agreed upon by both parties. The
husband is financially well-off at the
time of marriage. However, over the
years, due to unforeseen circumstances,
his financial condition deteriorates
significantly. The wife now demands that
the dower be reduced. How does Islamic
law typically address this situation?
(A) The wife must accept the original
dower amount as it was agreed upon
in the contract.
(B) The husband is obligated to fulfill the
original dower amount regardless of
his financial situation.
(C) The dower can be adjusted based
on the husband's current financial
condition as long as both parties
agree.
(D)
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The wife's demand for a reduction in
dower is legally invalid.
Q104 In a marriage where the husband is a
minor, the marriage contract specifies a
deferred dower that is to be paid upon
the dissolution of the marriage. The wife,
however, wants immediate payment of
the dower due to unforeseen financial
difficulties. Which principle of Islamic law
is applicable in this situation?
(A) The wife's request for immediate
payment of dower is invalid as it
contradicts the marriage contract.
(B) Islamic law requires the husband to
pay the deferred dower immediately
upon the wife's request.
(C) The wife can receive the dower
immediately, but she would need to
repay it upon the dissolution of the
marriage.
(D) The guardian of the husband has the
authority to determine when the
deferred dower is to be paid.
Q105 What impact does the economic
condition of the husband have on the
determination of proper dower?
(A) The husband's economic condition is
irrelevant when calculating proper
dower.
(B) A wealthier husband is required to
pay a higher proper dower amount.
(C) The husband's economic condition
influences the wife's entitlement to
any dower at all.
(D) The husband's economic condition
can be considered when determining
the amount of proper dower, but it's
not the sole factor.
Directions (106-110) Read the following
passage and answer the given questions.
Under the Muslim Personal Law, the law states
that the husband who has divorced his wife has
to provide maintenance for her during the
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period of Iddat. The Hedaya defines
maintenance as “All those things which are
necessary to support life, such as food, clothes
and lodging; may confine solely to food.” The
Fatwa-i-Alamgiri defines it as “Maintenance
comprehends food, raiment and lodging,
though in common parlance it is limited to the
first”.
So, in common practice, the maintenance only
covers the expense of providing food to the
wife. The Muslim Personal Law only mandates
that the husband needs to maintain his wife,
and not a divorced wife. After divorce, he only
requires to maintain her for the Iddat period.
Usually, the payment of dower is considered to
be enough maintenance for the wife.
The law of maintenance in the Muslim Personal
Law has evolved through various cases in the
following manner-
In the case of Bai Tahira v. Ali Hussain[14], it was
held that since the dower amount comes under
the meaning of the term ‘sum payable’ as given
under Section 127(3)(b) of the CrPC, so a woman
who has already received it is not entitled to
further maintenance under Section 125 of the
CrPC.
In the next case of Fuzlunbi v. K. Khader Vali[15],
it was decided that only after judging the
sufficiency of the amount of mehr, will the
husband be released from making any further
payments.
Then, in the light of the landmark case of
Mohammed Ahmed Khan v. Shah Bano
Begum[16], it was finally cleared out that mehr
does not come under Section 127(3)(b), as it is
an obligation on the husband and is paid as a
mark of respect for the wife, and not the
amount payable to the wife on divorce.
After that, the Muslim Women (Protection of
Rights on Divorce) Act, 1986 was passed where
provided that reasonable and fair provision is to
be made and maintenance is to be paid within
the iddat period.
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The case of Danial Latifi v. Union of India[17] was Q109 In a scenario where a divorced Muslim
then filed challenging the validity of the above woman receives an amount of money as
Act, where it was held that it was part of her dower (mehr) and remarries,
constitutionally valid, and though the what would be her entitlement to
maintenance has to be paid within the iddat maintenance from her previous
period, it must be enough to maintain her for husband?
her whole life. (A) She is entitled to maintenance until
her remarriage.
Q106 In a scenario where a Muslim woman is
(B) She is entitled to maintenance
divorced and has received her dower
throughout her life.
(mehr) prior to the divorce, which legal
(C) She is not entitled to any further
provision would prevent her from
maintenance.
claiming further maintenance under the
(D) She is entitled to maintenance only
CrPC?
during the Iddat period.
(A) Section 125
(B) Section 127(3)(b) Q110 In a case where a divorced Muslim
(C) Section 127(3)(b) woman challenges her husband's claim
(D) Section 129(2) that the dower (mehr) payment is
sufficient maintenance, which aspect
Q107 In a situation where a divorced Muslim
would the court likely consider while
woman challenges the constitutionality
deciding on her maintenance claim?
of the Muslim Women (Protection of
(A) The husband's educational
Rights on Divorce) Act, 1986, what was
background.
the outcome of the legal case?
(B) The duration of the marriage.
(A) The Act was declared
(C) The wife's ability to work.
unconstitutional.
(D) The husband's financial capacity
(B) The Act was upheld as
constitutionally valid. Directions (111-115) Read the following passage
(C) The Act was modified to include and answer the given questions.
more provisions. The Arabic term ‘mahr’ means dower. It is a sum
(D) The Act was deemed inapplicable to of money that becomes payable by the
divorced women. husband to the wife on marriage. The mahr is
executed either by agreement between the
Q108 Consider a case where a Muslim
parties or by operation of law. Various jurists
husband claims that his payment of
have tried to define mahr. In the case of Abdul
dower (mehr) is sufficient to cover his
Kadir v. Salima,(1886), honorable Justice
divorced wife's financial needs. Which
Mahmood held that a dower under Muslim law
landmark case established the principle
is a sum of money or property that is promised
that dower is not the same as the
by the husband to be paid or delivered to the
amount payable to the wife on divorce?
wife in consideration of marriage and even if
(A) Bai Tahira v. Ali Hussain
the dower is not expressly mentioned at the
(B) Fuzlunbi v. K. Khader Vali
time of marriage, the wife still has the right of
(C) Mohammed Ahmed Khan v. Shah
dower. The ambiguity that arises is whether the
Bano Begum
term ‘consideration’ is similar to that in a
(D) Danial Latifi v. Union of India
contract or is different from it. From various

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cases, and observations in real life, it has been
affirmed that the term ‘consideration’ is
different from that used in the contract. Without
consideration, a contract is generally void but if
the dower or the consideration is not
mentioned during the time of marriage, the
marriage does not become void. However, the
law requires a dower to be paid to the wife
upon marriage. Under Islamic law, regarding
mahr, consideration means an obligation
imposed upon the husband by the law as a
mark of respect for the wife. The literal meaning
of the term ‘mahr’ is dower, however, the two
terms have some distinct differences. In Muslim
law, the concept of mahr is to ensure women’s
financial security. However, dowry is a social
evil. Dowry is generally asked by the kin of the
bridegroom from the bride’s family as a gift to
the marriage. Under Indian law, dowry has been
defined in Section 2 of the Dowry Prohibition
Act, of 1961. It is thus to be noted that mahr and
dowry are two different concepts. One ensures
security and the other is a social evil.
Every woman under Muslim law has the right to
claim a dower on the commission of marriage.
Like any other law, if such a right is violated,
then the woman has some remedies. Muslim
law confers upon a wife or a widow some rights
to compel to get the payment of a dower. If
the marriage has not been consummated then
the wife has a right to refuse to cohabit with her
husband as long as the prompt dower is not
paid. If the wife is minor or insane, then the
guardian has a right to refuse to send her to her
husband’s house until the payment of a prompt
dower is given. During this period, the wife stays
in her guardian’s house, the husband is bound
to maintain her. However, if consummation has
taken place after marriage, then the wife loses
the absolute right to insist on the payment of
prompt dower. This is because the husband can
file a suit for restitution of conjugal rights. If the
wife still refuses to cohabit with her husband,
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then she is only entitled to a decree of
conditional payment on the dower
Q111 Fatima entered into a Muslim marriage
where the concept of mahr was not
explicitly discussed. According to the
case of Abdul Kadir v. Salima, does
Fatima still have the right to claim a
dower even if it was not expressly
mentioned during the marriage
ceremony?
(A) Yes, because under Muslim law, the
wife has an inherent right to claim
dower, irrespective of whether it was
expressly mentioned at the time of
marriage.
(B) No, as the absence of explicit mention
of dower during the marriage renders
the claim void, according to the
precedent set in Abdul Kadir v. Salima.
(C) Yes, but only if the marriage was
consummated, as the right to claim
dower is contingent on the
occurrence of consummation.
(D) No, because the concept of mahr is
only applicable if it is explicitly agreed
upon by both parties at the time of
marriage.
Q112 Aisha, a Muslim woman, discovers that
her husband has refused to pay the
agreed-upon dower after the marriage
ceremony. What legal remedies does
Aisha have under Muslim law to compel
the payment of her dower?
(A) Aisha can immediately file for divorce,
as the refusal to pay dower is grounds
for dissolution of the marriage under
Muslim law.
(B) Aisha has the right to refuse to
cohabit with her husband until the
prompt dower is paid, especially if the
marriage has not been
consummated.
(C)
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Aisha can file a criminal case against consummated, and her only recourse
her husband under the Dowry is to file for divorce.
Prohibition Act, 1961, for failing to pay (C) Rukhsar can file a criminal case
the dower. against her husband for violating her
(D) Aisha must relinquish her claim to right to prompt dower after
dower if the marriage has been consummation.
consummated, as the right to insist (D) Rukhsar must comply with her
on prompt dower is only applicable husband's demand for
before consummation. consummation, and any claim to
prompt dower is forfeited after
Q113 In the context of Muslim law, how does
consummation.
the term 'consideration' differ from its
usage in a contract regarding dower? Q115 Under Indian law, how does the Dowry
(A) The term 'consideration' in Muslim law Prohibition Act, 1961, distinguish between
is similar to that in a contract, and the mahr and dowry?
absence of consideration renders the (A) The Dowry Prohibition Act, 1961,
marriage void. considers both mahr and dowry as
(B) Consideration in Muslim law is social evils and seeks to eradicate
different from that in a contract, as both practices.
the marriage remains valid even if (B) The Act does not distinguish between
dower is not expressly mentioned at mahr and dowry, treating them as
the time of marriage. interchangeable terms.
(C) The concept of consideration in (C) Mahr is recognized as a legal right for
Muslim law is irrelevant to the validity Muslim women, while dowry is
of the marriage, as it is solely based condemned as a social evil under the
on the mutual consent of the parties Dowry Prohibition Act, 1961.
involved. (D) Both mahr and dowry are considered
(D) The term 'consideration' is legally binding financial obligations,
synonymous in both Muslim law and with the Act providing equal
contracts, and the absence of protection for both concepts.
consideration renders both null and
Directions (116-120) Read the following
void.
passage and answer the given questions.
Q114 Rukhsar, a Muslim woman, finds herself in In the Islamic marriage contract, the husband
a situation where her husband insists on must give his wife a financial gift known as
consummating the marriage but refuses ‘mehr’. It is an essential element of the marriage
to pay the prompt dower. According to contract, as it symbolizes the husband’s
Muslim law, what rights does Rukhsar commitment to support his wife financially and
have in this scenario? provide for her needs throughout their
(A) Rukhsar can refuse to cohabit with marriage. The nature of mehr is such that it is a
her husband until the prompt dower is gift given by the husband to his wife that is not
paid, regardless of the consummation expected to be returned unless it has been
of the marriage. stipulated as a condition in the marriage
(B) Rukhsar loses the right to claim contract. The amount of Mehr is agreed upon
prompt dower once the marriage is by both parties at the time of the marriage

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 CLAT

contract, and it can be in the form of cash, decision at the time of the divorce. This type
property, or any other valuable asset that the of deferred dower is usually preferred by
couple agrees upon. In Islamic law, the husband women, as it provides them with greater
is obligated to pay the full amount of the mehr financial security in the event of divorce.
to his wife, regardless of his financial status. This
In addition to prompt and deferred dower, there
ensures that the wife is protected financially in
is also a type of dower known as mu’akhar.
case of divorce, death, or any other unforeseen
Mu’akhar refers to a deferred dower that is
circumstances. The mehr serves as a means of
agreed upon to be paid at a later time, such as
security for the wife, giving her a sense of
after the birth of a child or after a certain
independence and financial stability in the
period has passed in the marriage. This type of
marriage.
dower is meant to encourage the husband to
Types of Mehr
fulfill his responsibilities towards his wife and
There are two main types of dower, also known
family. The type of dower agreed upon by the
as mehr in Islamic law:
husband and wife depends on their
1. Prompt dower refers to the portion of the circumstances and preferences.
dower that is paid immediately or at the
Q116 Aisha and Zaid enter into an Islamic
time of the marriage contract. It is usually a
marriage contract, and Zaid agrees to
smaller amount and is intended to be a gift
pay a specified amount of mehr at the
to the wife. This prompt dower can be in the
time of divorce. However, upon divorce,
form of cash, property, or any other valuable
Zaid refuses to fulfill this obligation. What
asset that the couple agrees upon.
legal recourse does Aisha have in this
2. Deferred dower, on the other hand, is the
situation?
portion of the dower that is not paid
(A) Aisha has no legal recourse since
immediately but is deferred until the
mehr is not legally binding.
dissolution of the marriage through divorce,
(B) Aisha can seek legal action to enforce
death, or any other means. The deferred
the payment of the specified deferred
dower is usually a larger amount and is
dower agreed upon in the marriage
meant to provide financial security to the
contract.
wife in case of any unforeseen
(C) Aisha must forfeit her right to mehr as
circumstances.
it was agreed upon at the time of
Types of Deferred Dower divorce.
Deferred dower can be divided into two sub- (D) Aisha can only seek legal recourse if
categories: the deferred dower was unspecified.
1. A specified deferred dower refers to a
Q117 Farhan and Amina decide to have an
specific amount agreed upon by the
unspecified deferred dower in their
husband and wife at the time of the
Islamic marriage contract. In the event of
marriage contract. The amount can be paid
divorce, Amina seeks legal advice. What
in full at the time of divorce or in installments
principle of Islamic law supports Amina's
over some time.
preference for an unspecified deferred
2. Unspecified deferred dower, on the other
dower?
hand, refers to a dower amount that is not
(A) The principle of prompt dower.
specified at the time of the marriage
(B) The principle of financial
contract. Instead, the court will make that
independence.

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(C) The principle of deferred dower. (B) Saira can seek legal action to enforce
(D) The principle of mu’akhar. the payment of the mu’akhar agreed
upon after the birth of the child.
Q118 Ali and Fatima, an Islamic couple, agree
(C) Saira must forfeit her right to
on a prompt dower in the form of a
mu’akhar since it is a deferred dower.
valuable asset. During the marriage, Ali
(D) Saira can only seek legal recourse if
faces financial difficulties and is unable
the mu’akhar was specified.
to fulfill the mehr obligation. What legal
consequences may Ali face for not Q120 Nasir and Mariam enter into an Islamic
fulfilling the prompt dower obligation? marriage with a deferred dower that is
(A) Ali is exempt from paying prompt to be paid in installments after divorce.
dower due to financial difficulties. Mariam initiates the divorce and
(B) Ali may be legally obligated to fulfill demands the full amount immediately.
the prompt dower obligation despite What legal advice would you provide to
financial difficulties. Nasir in this situation?
(C) Ali is not legally bound to fulfill the (A) Nasir is legally obligated to pay the
prompt dower obligation as it was deferred dower in installments as
agreed upon during the marriage. agreed upon in the marriage
(D) Ali must seek court approval to be contract.
exempt from the prompt dower (B) Nasir can refuse to pay the deferred
obligation. dower, citing Mariam's initiation of the
divorce.
Q119 In an Islamic marriage, Rahim agrees to a
(C) Nasir must pay the full deferred
deferred dower to be paid after the birth
dower immediately, regardless of the
of their first child. After the child's birth,
divorce circumstances.
Rahim refuses to pay the agreed-upon
(D) Nasir has the option to negotiate a
amount. What legal action can the wife,
new arrangement for the payment of
Saira, take in this situation?
the deferred dower with Mariam.
(A) Saira has no legal recourse as the
mu’akhar is not enforceable.

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 CLAT

Answer Key
Q1 (A) Q32 (B)

Q2 (D) Q33 (C)

Q3 (C) Q34 (D)

Q4 (A) Q35 (D)

Q5 (D) Q36 (C)

Q6 (C) Q37 (B)

Q7 (A) Q38 (A)

Q8 (C) Q39 (A)

Q9 (C) Q40 (B)

Q10 (B) Q41 (D)

Q11 (B) Q42 (D)

Q12 (C) Q43 (C)

Q13 (B) Q44 (A)

Q14 (C) Q45 (A)

Q15 (B) Q46 (B)

Q16 (B) Q47 (C)

Q17 (B) Q48 (D)

Q18 (C) Q49 (C)

Q19 (B) Q50 (D)

Q20 (C) Q51 (D)

Q21 (A) Q52 (C)

Q22 (C) Q53 (B)

Q23 (D) Q54 (B)

Q24 (B) Q55 (C)

Q25 (B) Q56 (A)

Q26 (B) Q57 (C)

Q27 (A) Q58 (A)

Q28 (D) Q59 (D)

Q29 (B) Q60 (C)

Q30 (D) Q61 (C)

Q31 (A) Q62 (B)

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 CLAT

Q63 (C) Q92 (B)

Q64 (B) Q93 (B)

Q65 (A) Q94 (C)

Q66 (B) Q95 (C)

Q67 (C) Q96 (A)

Q68 (C) Q97 (B)

Q69 (B) Q98 (C)

Q70 (C) Q99 (B)

Q71 (C) Q100 (A)

Q72 (D) Q101 (D)

Q73 (C) Q102 (D)

Q74 (D) Q103 (C)

Q75 (C) Q104 (B)

Q76 (B) Q105 (D)

Q77 (A) Q106 (B)

Q78 (A) Q107 (B)

Q79 (A) Q108 (C)

Q80 (A) Q109 (C)

Q81 (C) Q110 (D)

Q82 (B) Q111 (A)

Q83 (A) Q112 (B)

Q84 (C) Q113 (B)

Q85 (B) Q114 (A)

Q86 (B) Q115 (C)

Q87 (B) Q116 (B)

Q88 (C) Q117 (D)

Q89 (B) Q118 (B)

Q90 (C) Q119 (B)

Q91 (B) Q120 (A)

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Hints & Solutions
Q1. Text Solution:
Explanation:
The correct answer is A) Best interests of the
child.
In this fictional case, the court awarded joint
custody based on the best interests of the child.
The principle of the best interests of the child is
a fundamental concept in family law, prioritizing
the welfare and well-being of the child when
making custody decisions. The court carefully
considers various factors such as the child's
age, health, relationship with each parent,
stability, and any potential risks or concerns. In
this case, the court determined that joint
custody would serve the child's best interests by
allowing both parents to have a meaningful role
in the child's life.
Option B) No-fault divorce is incorrect. No-fault
divorce refers to a type of divorce where neither
party needs to prove fault or wrongdoing to
obtain a divorce. It is not directly related to the
custody decision in this fictional case.
Option C) Community property is incorrect.
Community property refers to the legal regime
where marital assets and debts are considered
jointly owned by both spouses. It does not
pertain to the custody decision in this fictional
case.
Option D) Equitable distribution is also
incorrect. Equitable distribution is a principle
used in some jurisdictions to divide marital
assets and liabilities fairly between spouses in a
divorce. It is not directly relevant to the custody
decision in this fictional case.
Therefore, the correct answer is A) Best interests
of the child, as it exemplifies the principle
underlying the court's decision in the fictional
case of Johnson v. Williams.
Hence, option (a) is correct.
Q2. Text Solution:
Explanation:
The correct answer is D) Adoption.
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In this fictional case, the legal concept of
adoption is demonstrated. Adoption is a
process through which individuals or couples
establish a legal parent-child relationship with
a child who is not biologically related to them.
The court grants the adoptive parents full
parental rights and responsibilities, including
the right to make decisions for the child's well-
being and provide for their upbringing.
Adoption is a significant legal mechanism in
family law that allows individuals or couples to
become legal parents to a child and ensure
their protection and care.
Option A) No-fault divorce is incorrect. No-fault
divorce refers to a type of divorce where neither
party needs to prove fault or wrongdoing to
obtain a divorce. It is not applicable to the
context of adoption in this fictional case.
Option B) Joint custody is incorrect. Joint
custody refers to a custody arrangement where
both parents share decision-making authority
and physical custody of the child after a
divorce or separation. It is not directly related to
the legal concept of adoption in this fictional
case.
Option C) Termination of parental rights is also
incorrect. Termination of parental rights refers to
the legal process by which a court ends a
parent's legal rights and responsibilities towards
a child. It is not relevant to the adoption
process demonstrated in this fictional case.
Therefore, the correct answer is D) Adoption, as
it represents the legal concept depicted in the
fictional case of Patel v. Smith.
Hence, option (D) is correct.
Q3. Text Solution:
Explanation:
The correct answer is C) Shared parenting.
In this fictional case, the court awarded joint
custody with alternating physical custody every
week, which exemplifies the legal concept of
shared parenting. Shared parenting refers to a
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custody arrangement where both parents have
significant involvement in the upbringing and
care of their child. The arrangement allows the
child to spend substantial time with each
parent, fostering a sense of continuity and
involvement from both parents.
Option A) No-fault divorce is incorrect. No-fault
divorce refers to a type of divorce where neither
party needs to prove fault or wrongdoing to
obtain a divorce. It is not directly related to the
custody arrangement in this fictional case.
Option B) Sole custody is also incorrect. Sole
custody refers to a custody arrangement where
one parent has the exclusive right to make
decisions for the child and has physical custody.
It is not applicable in this case as joint custody
was awarded.
Option D) Alimony is not relevant to this
question. Alimony refers to the financial support
paid by one spouse to the other after divorce. It
is not directly related to the custody
arrangement in this fictional case.
Therefore, the correct answer is C) Shared
parenting, as it exemplifies the custody
arrangement in the fictional case of Johnson v.
Smith.
Hence, option (c) is correct.
Q4. Text Solution:
Explanation:
The correct answer is A) Community property.
In this fictional case, the court ordered the
division of marital property based on the
principle of equitable distribution. Equitable
distribution is a legal principle used in some
jurisdictions to divide marital assets and
liabilities fairly between spouses upon divorce.
However, it is important to note that this
question might be considered a trick question
because the correct answer could vary
depending on the jurisdiction being referred to.
In some jurisdictions, such as community
property states, the division of marital property
is based on the principle of community
property, where assets and debts acquired
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during the marriage are considered jointly
owned by both spouses.
Option B) No-fault divorce is incorrect. No-fault
divorce refers to a type of divorce where neither
party needs to prove fault or wrongdoing to
obtain a divorce. It is not directly related to the
division of marital property in this fictional case.
Option C) Pre-marital agreement is incorrect. A
pre-marital agreement, also known as a
prenuptial agreement, is a legal contract
entered into by a couple before marriage,
which outlines the distribution of property and
financial matters in the event of divorce. It is not
directly applicable to the division of marital
property in this fictional case.
Option D) Best interests of the child is not
relevant to this question. Best interests of the
child pertains to custody matters and ensuring
the well-being of the child. It is not directly
related to the division of marital property.
Therefore, the correct answer is A) Community
property, as it exemplifies the principle of
property division in the fictional case of Patel v.
Brown, assuming the jurisdiction follows the
community property principle.
Hence, option (a) is correct.
Q5. Text Solution:
Explanation:
The correct answer is D) Child custody.
In this fictional case, the court granted sole
custody of the child to Johnson, the non-
biological parent, based on the child's best
interests. Child custody refers to the legal
determination of who will have physical and
legal responsibility for a child. Courts consider
various factors, including the child's best
interests, when making custody decisions. In this
case, the court determined that it was in the
child's best interests for Johnson to have sole
custody.
Option A) Adoption is incorrect. Adoption
involves establishing a legal parent-child
relationship between individuals who are not
biologically related. It is not directly related to
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 CLAT

the custody decision described in this fictional Option (a) is incorrect because it suggests that
case. the absence of marriage registration is not a
Option B) Guardianship is incorrect. determining factor in categorizing the
Guardianship refers to a legal relationship relationship. However, it does not consider the
where a person is authorized to care for and importance of the parties' intentions, which is a
make decisions on behalf of a child. It is not crucial aspect in deciding whether it's a live-in
directly applicable to the custody decision relationship or a marriage.
described in this fictional case. Option (b) is incorrect because it oversimplifies
Option C) Child support is also incorrect. Child the legal categorization of relationships. In
support involves financial contributions many legal systems, including India, the nature
provided by a noncustodial parent to support of a relationship is not solely determined by the
the upbringing and well-being of a child. It is completion of formalities or registration.
not directly relevant to the custody decision Instead, it often depends on the intentions of
described in this fictional case. the parties involved, their conduct, and their
Therefore, the correct answer is D) Child perception of the relationship.
custody, as it illustrates the legal concept In the scenario described, the couple
depicted in the fictional case of Johnson v. conducted a marriage ceremony in front of a
Smith. deity, which clearly indicates their intention to
Hence, option (d) is correct. formalize their relationship as a marriage. They
have taken significant steps to achieve this,
Q6. Text Solution:
Option (c) is the correct answer since the legal despite not registering their marriage.

categorization of the couple's arrangement Therefore, the focus on formalities alone, as

depends on their intentions and the nature of suggested in option b, may not accurately

their relationship. While marriage registration is reflect the legal status of the relationship.

not mandatory for a marriage to be legally Option (d) is incorrect because While public

recognized, the intent of the parties involved is perception can be a factor, it is not the primary

crucial in determining the nature of their determinant of the legal status of a

relationship. In this case, the couple initially relationship. The key factor is the intention of

entered into a live-in relationship to assess the the parties involved, as recognized in option c.

feasibility of their future married life. However, Hence, option (c) is correct.

they subsequently conducted a marriage Q7. Text Solution:

ceremony in front of a deity, and society Option (a) is the correct answer since a child
recognized them as a married couple. Their born to a couple in a live-in relationship is not
clear intention was to formalize their automatically considered illegitimate. The
relationship as a marriage, and they took legitimacy of a child's birth is primarily
significant steps toward achieving this goal. determined by the intent of the parents to
Therefore, despite the absence of formal marry and formalize their relationship.
registration, their arrangement should be Consummation is an important aspect of a
considered a marriage based on their marital relationship, but its absence does not
intentions and the ceremony they conducted. automatically make the child illegitimate. In the
Public recognition further supports the view scenario described, the couple had the
that they are a married couple, and their intention to marry, with consummation pending.
relationship should be legally recognized as This intent to formalize their relationship as a
such. marriage is a key factor in determining the

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legitimacy of the child. Therefore, the child is
not considered illegitimate.
Option (b) is incorrect because it inaccurately
suggests that a child born in a live-in
relationship is automatically considered
illegitimate, which is not the case when the
intent to marry is present.
Option (c) is incorrect because it incorrectly
states that any child born out of wedlock is
automatically considered illegitimate, which is
not the case in many legal systems, including
India. The legitimacy of a child's birth depends
on various factors, including the intent of the
parents to marry.
Option (d) is incorrect because it assumes that
consummation is pivotal in determining a child's
legitimacy, which is not the case in many legal
systems, including India. Intent to marry is a
crucial factor.
Hence, option (a) is correct.
Q8. Text Solution:
Option (c) is the correct answer because in
India, under Section 125 of the Code of Criminal
Procedure (Cr.P.C), a person can claim
maintenance for themselves or their
dependents. While this provision often relates
to married individuals seeking maintenance, it is
not limited to just spouses. The term "wife"
mentioned in the section has been interpreted
broadly by courts to include any woman living
in a relationship that is akin to marriage, even if
it's not a legally recognized marriage. In Y's
case, despite not being legally married to X, she
can still claim maintenance under Section 125 of
the Cr.P.C. This is because the primary aim of
the provision is to prevent destitution and
ensure the well-being of individuals who are
unable to support themselves.
Option (a) is incorrect since it is not a valid
reason to deny Y's claim for maintenance. The
legal provision under Section 125 of the Code of
Criminal Procedure (Cr.P.C) allows for
maintenance to be claimed by a person who is
living in a relationship that is akin to marriage,
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regardless of whether they were legally married
or not.
Option (b) is incorrect since though Section 125
often pertains to wives seeking maintenance, it
is not limited to spouses only. Courts have
interpreted the term "wife" broadly to include
women in relationships similar to marriage,
whether or not they are legally married.
Option (d) is not accurate. The option is
essentially correct, but it's less clear and
specific compared to Option c, which directly
addresses Y's situation and provides the most
accurate explanation. Therefore, Option c is the
best choice.
Hence, option (c) is correct.
Q9. Text Solution:
Option (c) is the correct answer because it
accurately recognizes that Y can claim alimony
even though she is not X's legal wife. The option
acknowledges that alimony can be sought to
prevent destitution in cases of live-in
relationships when certain conditions are met.
Option (a) is incorrect as it suggests that only
married individuals or those seeking divorce
can claim alimony. However, it is not accurate.
Alimony is not limited to only those who were
legally married or pursuing divorce.
Option (b) is incorrect because while alimony is
often associated with wives, it is not limited to
spouses only. In modern legal interpretations,
alimony can be claimed by individuals in
relationships similar to marriage, whether or not
they were legally married.
Option (d) is incorrect since it suggests that
alimony is claimed to safeguard X's interests,
which is not the purpose of alimony. Alimony is a
financial support mechanism typically provided
by one partner to another, usually the higher-
earning partner to the lower-earning or
financially dependent partner, with the primary
aim of ensuring the financial well-being of the
recipient (in this case, Y). Therefore, option D is
not an accurate reflection of the purpose of
alimony.
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Hence, optoin (c) is correct.
Q10. Text Solution:
Option (b) is the correct answer since it gives
the most accurate definition of a live-in
relationship under the law. It defines a live-in
relationship as a relationship between
individuals who live together or have lived
together in a shared household and are related
through a marriage-like relationship.
definition encompasses the essence of a live-in
relationship, which is characterized
cohabitation and a relationship similar to
marriage, without the formalities of legal
marriage.
Option (a) is incorrect because that definition is
overly specific and limited. It focuses on the
same-sex aspect of relationships, which is not
the defining characteristic of a live-in
relationship. Live-in relationships can involve
individuals of any gender, not just those of the
same sex.
Option (b) is incorrect because this definition is
also limited and overly specific. It implies that a
live-in relationship must involve a formal
contractual agreement, which is not a universal
requirement. Live-in relationships can exist
without a formal contract, and they are not
restricted to relationships between a man and
a woman.
Option (d) is incorrect because it combines the
limitations of options A and C. It suggests that
a live-in relationship can only be between
consenting adults of the same sex and must
involve a contractual agreement between a
man and a woman. This is not an accurate or
comprehensive definition.
Hence, option (b) is correct.
Q11. Text Solution:
Answer: B) Marriages involving step-siblings
would be void.
Explanation: The Hindu Marriage Act, 1955,
provides a framework for the legality of
marriages, including prohibited relationships.
Step-siblings are considered within the degrees
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of prohibited relationships, and marrying them
is generally not allowed under the Act. Custom
cannot override the provisions of the Act in this
case. Thus, marriages involving step-siblings
would be considered void under the Act.
Incorrect Options:
A) The Act would not apply to marriages within
this village.
This Explanation: This option is incorrect because
the Hindu Marriage Act, 1955, applies uniformly
regardless of location or custom.
by
C) Marriages involving step-siblings would be
valid, based on their custom.
Explanation: This option is incorrect because
the Act takes precedence over customs that
conflict with its provisions. Prohibited
relationships, such as marriages involving step-
siblings, would still be void even if they are
allowed by a local custom.
D) Marriages involving step-siblings would
require special government approval.
Explanation: This option is incorrect because
the Act's provisions are clear regarding
prohibited relationships. Special government
approval is not a solution to override the
prohibition of such relationships.
Hence, option (b) is correct.
Q12. Text Solution:
Answer: C) The marriage would be void.
Explanation: The scenario described involves
Maya's lack of genuine consent, as she is being
coerced and manipulated into the marriage
against her will. According to the Hindu
Marriage Act, 1955, a marriage must be entered
into with the free consent of both parties. In this
case, as Maya's consent is not freely given, the
marriage would be void and without legal
effect.
Incorrect Options:
A) The marriage would be considered valid.
Explanation: This option is incorrect because a
marriage entered into under coercion and
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 CLAT

manipulation is not considered valid. Genuine
consent is a crucial element of a valid marriage.
B) The marriage would be voidable at Maya's
discretion.
Explanation: This option is incorrect because
Q15. Text Solution:
voidable marriages typically involve situations
where one party chooses to annul the marriage
due to specific grounds, such as fraud or
impotence. In this case, Maya is being coerced,
which typically renders the marriage void rather
than voidable.
marriage could be considered voidable at the
discretion of Neha under the Act, as Alok may
not have had the legal capacity to consent to
the marriage.
Hence, option c is correct.
The correct answer is:
b. The marriage would be voidable at the
discretion of Radhika.
Reasoning:
1. Void Marriage: Let's start by eliminating
options that are clearly incorrect. According

D) The marriage would be conditionally valid, to the Hindu Marriage Act, 1955, a marriage

pending Maya's consent. can be void if it falls under specific

conditions mentioned in the Act. These
Explanation: This option is incorrect because conditions include things like bigamy,
the marriage cannot be considered prohibited degrees of relationships, and,
conditionally valid based on Maya's consent at importantly for this scenario, lack of free

a later point. Coercion and manipulation consent.

negate the voluntary nature of consent 2. Consent: Radhika agreed to the marriage

required for a valid marriage. under extreme duress, which implies that her
consent was not freely given. The Hindu

Hence, option (c) is correct. Marriage Act recognizes the importance of

free consent in a marriage. Section 12 of the
Q13. Text Solution:
Act states that a marriage can be voidable
The Hindu Marriage Act, 1955, declares
if either party was incapable of giving a
marriages within prohibited Sapinda
valid consent due to unsoundness of mind,
relationships as void. Option B is correct
or if the consent was obtained by force,
because Nisha's marriage with Rohit would be
fraud, or under influence.
invalid, and she would not have any inheritance
3. Voidable Marriage: In this case, Radhika
rights. Option A is incorrect because an invalid
agreed to the marriage under extreme
marriage does not grant inheritance rights.
pressure from her family, which constitutes
Option C is incorrect because the Act's
undue influence. Therefore, her consent was
provisions are clear about the invalidity. Option
not freely given, making the marriage
D is incorrect because inheritance rights are
voidable at her discretion. Radhika has the
based on legal provisions, not familial
legal option to void the marriage if she
acceptance.
wishes to do so.
Hence, option (b) is correct.
Now, let's discuss the reasoning for the
Q14. Text Solution:
incorrect options:
The Hindu Marriage Act, 1955, requires that both
a. The marriage would be considered valid due
parties have the capacity to give free and
to Radhika's agreement.
informed consent to the marriage. If Alok has an
This option is incorrect because even
intellectual disability that affects his
though Radhika agreed, her consent was
understanding and decision-making ability, the

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not freely given due to the extreme duress
she faced. In such cases, the marriage is
voidable, not automatically valid.
c. The marriage would be void due to Radhika's
lack of free consent.
This option is incorrect because the Hindu
Marriage Act, 1955, specifies that marriages
lacking free consent are voidable, not void.
Void marriages are those that are inherently
illegal and cannot be validated under any
circumstances, whereas voidable marriages
can be annulled at the discretion of the
affected party.
d. The marriage would be valid, but Radhika
could claim damages.
This option is incorrect because, in cases of
voidable marriages due to lack of free
consent, the marriage itself
considered valid from the beginning. Instead
of claiming damages, Radhika has the
option to seek annulment of the marriage.
Claiming damages typically applies to other
legal scenarios but not to
marriages under the Hindu Marriage Act.
Hence, option (b) is incorrect.
Q16. Text Solution:
Answer: b)
Reason: According to the Hindu Marriage Act,
the legal age for marriage is 21 years for males.
As both Jungkook and Rashi are 18 years old,
they would be punished for this act but the
marriage would be valid
Option c is wrong because for girls the legal
age of marriage is 18 not 21. Option D is
incorrect because in this case age is a legal
factor that would determine the validity of the
marriage and not whether they love each other
or not.
Hence, option (b) is correct.
Q17. Text Solution:
B) Arjun can seek annulment of the marriage.
Explanation: In the scenario described,
Meenal's pregnancy by her ex-boyfriend before
the marriage is a situation that
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potentially be considered as a ground for
seeking annulment of the marriage provided
that he was not informed about it before their
marriage according to the passage..
A) Arjun can immediately file for divorce and
seek compensation from Meenal.
This option is incorrect because the passage
doesn't mention any thing about
compensation.
C) Arjun has no legal grounds to take any
action because he should have asked her
about it before the marriage.
This option is incorrect because their nothing
such mentioned in the passage that tells us
that he should have asked about the
pregnancy before their marriage and he
cannot have any legal remedy after their
is not marriage.
D)Arjun can claim custody of the child and
request maintenance from Meenal.
This option is incorrect because the passage
doesn't provide any information about custody
voidable or maintenance rights in this specific context.
Hence, option (b) is correct.
Q18. Text Solution:
C) John's marriage with Sarah is void.
Under the Hindu Marriage Act, 1955, it is
explicitly stated that one cannot get married to
someone else without first divorcing their
spouse (divorce). If he does the act, the second
marriage will be considered void and he will be
penalised in accordance with Sections 494 and
495 of the Indian Penal Code, 1860.
Explanation of why the other three options are
wrong:
a) John's actions are legal under certain
conditions.
This option is incorrect because the Hindu
Marriage Act, 1955, unequivocally prohibits
bigamy, and there are no conditions specified
in the Act that would make John's actions legal.
b)John's actions are illegal, and he may face
legal penalties under the Hindu Marriage Act of
could 1955.
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penal actions can be taken against him under
indian penal code and not under the Hindu
Marriage Act of 1955.
d) John's actions are permissible as long as he
obtains consent from both Maria and Sarah.
This option is incorrect because even if both
Maria and Sarah were to consent to the second
marriage, it would still be illegal under the Hindu
Marriage Act, 1955. The Act explicitly states that
having two living spouses is not allowed, and
consent does not override this legal provision.
Hence, option (c) is correct.
Q19. Text Solution:
B) Kavita can seek annulment of the marriage
on the grounds of partial or complete infertility.
Explanation: As stated in the passage, a
marriage can be annulled due to impotence
partial or incomplete, which is a medical
condition that can render one incapable of
fulfilling their marital obligations. In this
scenario, where Arvind's medical condition
prevents him from having children, Kavita could
potentially seek annulment of the marriage
based on the grounds of impotence.
A) Kavita can remarriage immediately.
She cannot remarriage before divorcing or
annulling her marriage with Arvind according to
the Hindu Marriage Act as stated in the
passage.
C) Kavita can claim maintenance from Arvind.
The passage does not mention a basis for
claiming maintenance in this context.
Maintenance claims typically arise in divorce
proceedings and are not directly tied to the
reason for seeking divorce or annulment.
D) Kavita can seek for the annulment only if he
is completely impotent.
The passage mentions that she can seek an
annulment if the marriage if impotence is
partial or total and the totality of impotence is
not important.
Hence, option (b) is correct.
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Q20. Text Solution:
Answer: c) If one of the spouses is pregnant by
someone other than the petitioner at the time
of the union.
Explanation: As per the information in the
passage, a marriage can be annulled under the
Hindu Marriage Act, 1955, if one of the spouses
is found to be pregnant by someone other than
the petitioner at the time of the union. This is
one of the specific grounds for annulment
mentioned in the Act. The other options do not
align with the grounds for annulment provided
in the passage.
A)If the couple decides they no longer want to
live together for a certain period.
A decision to separate for a certain period
cannot be said to be a reason for the
annulment of marriage.
B) If one of the spouses has a temporary mental
illness developed after the marriage.
Since the medical illness is temporary and that
too developed after their marriage it is also not
mentioned as a ground foe the annulment of
the marriage.
D) If the couple has been living separately for
one year without reconciliation.
nothing as such mentioned in the passage
regarding the time period after which if the
couple has not reconciled then their marriage
can be annulled.
Hence, option (c) is correct.
Q21. Text Solution:
The correct answer is A. Pragati can file for
divorce on the ground of conversion as
conversion is considered a valid ground for
divorce under Indian law. The Special Marriage
Act, 1954, which applies to inter-faith marriages,
provides for divorce on the ground of
conversion. Therefore, Pragati can file for
divorce if she can prove that Abhishek's
conversion has caused her mental or physical
cruelty, and that she cannot live with him
anymore. Option B is incorrect because, as
mentioned, conversion is a valid ground for
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divorce under Indian law. Option C and D are
also incorrect as the scenario given does not
mention any instances of cruelty as a ground
for divorce.
Hence, option (a) is correct.
Q22. Text Solution:
The correct answer is C In this scenario, a single
incident of Pragati shouting at Abhishek due to
dissatisfaction with the taste of food does not
constitute cruelty under the law. In order for a
spouse to file for divorce on the ground of
cruelty, the conduct must be of such a nature
that it renders it impossible for the spouses to
live together, and it must be of a continuing
nature. Therefore, option A and B are incorrect.
Option D is also incorrect because constructive
criticism is different from cruel conduct that can
lead to a divorce.
Hence, option (c) is correct.
Q23. Text Solution:
The correct answer is D. Renunciation of worldly
affairs cannot prevent the other party from
seeking a divorce. In fact, under the Hindu
Marriage Act, it can be considered as a ground
for divorce if the renunciation is done without
the consent of the other spouse and without
any reasonable cause. Therefore, Abhishek's
action of renouncing all worldly affairs with the
intention of trapping Pragati in the marriage
alone is not legally valid and can even be a
ground for divorce. Options A, B, and C are
incorrect and do not reflect the legal reality in
India.
Hence, option (d) is correct.
Q24. Text Solution:
The correct answer is B. Under the Hindu
Marriage Act, adultery is considered a valid
ground for divorce. However, the burden of
proof lies with the person filing for divorce. Mere
suspicion of extramarital affairs is not enough to
file for divorce. The person must provide
concrete proof, such as photographs, videos, or
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eyewitness accounts, to establish adultery and
file for divorce.
Hence, option (b) is correct.
Q25. Text Solution:
The correct answer is B The fact that Pragati
was missing for a prolonged period of time
does not automatically grant Abhishek the right
to marry again without obtaining a divorce first.
Abhishek's second marriage would be
considered bigamous and illegal under Indian
laws, unless he can prove that he obtained a
valid divorce from Pragati before marrying
Shruti.
Hence, option (b) is correct.
Q26. Text Solution:
Answer:
b) No, because Rajan's actions do not meet the
threshold of cruelty.
Explanation:
In this scenario, while Rajan's behavior includes
making negative remarks about Nisha's
appearance and giving her silent treatment, it's
essential to consider several factors when
determining whether these actions constitute
cruelty under the Hindu Marriage Act. Cruelty, in
the legal context, involves behavior that causes
such mental or physical suffering that it
becomes impossible for the petitioner to
continue living with the respondent. It is
important to note that cruelty can be both
physical and mental.Here, while Rajan's actions
might be causing Nisha emotional distress, the
extent of this distress and whether it reaches
the legal threshold for cruelty is not explicitly
provided.
c) Yes, because the cumulative effect of Rajan's
behavior has caused Nisha mental distress.
While cumulative effect can be considered in
assessing cruelty, the question does not provide
enough information to determine whether
Nisha's mental distress reaches the level
required for legal cruelty.
d) No, unless Nisha can demonstrate physical
harm resulting from Rajan's actions.
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 CLAT

This option is incorrect because cruelty is not effects on family reputation. Adultery is
limited to physical harm. It can also include determined based on the nature of the
mental and emotional suffering, which are extramarital relationship itself.
important considerations in determining cruelty. Hence, option (a) is correct.
Hence, option (b) is correct.
Q28. Text Solution:
Q27. Text Solution: Answer: d) Cruelty
Answer: Explanation:
a) Yes, because any extramarital sexual In this scenario, Arun's behavior of making
relationship, regardless of the gender of the demeaning comments about Maya's career
partner, constitutes adultery under the Act. achievements and attempting to belittle her in
Explanation: front of friends can be considered mental
Adultery, as defined in the Hindu Marriage Act, cruelty. Cruelty, whether physical or mental, is a
involves a voluntary sexual relationship valid ground for divorce under the Hindu
between a married person and someone other Marriage Act.
than their spouse. The Act does not specify the a) Adultery
gender of the partner involved in the Adultery involves extramarital sexual
extramarital relationship. Therefore, if Sameera relationships. While there are issues in the
is having a sexual relationship with another marriage, adultery does not seem to be a
woman, it could potentially qualify as adultery factor in this scenario.
under the Act. c) Desertion
Explanation of other options: Desertion typically involves one spouse
b) No, because adultery is only applicable when abandoning the other without reasonable
one spouse engages in a sexual relationship cause. There is no indication of desertion in this
with a person of the opposite sex. scenario.
This option is incorrect. The Hindu Marriage Act d) Mutual Consent
does not restrict adultery to relationships with Mutual Consent divorce requires both parties to
persons of the opposite sex. Adultery can agree to the divorce without any dispute. This
involve sexual relationships with individuals of option does not seem relevant to the scenario,
any gender. as it appears that there is a dispute between
c) Yes, but only if Riya can provide evidence Arun and Maya regarding their marriage issues.
that the same-sex relationship caused Question 2:
irreparable harm to their marriage. Answer: d) Irretrievable Breakdown of Marriage
This option is not accurate because the legal Explanation:
definition of adultery under the Act does not The scenario describes a situation where
require proof of harm to the marriage. Adultery Rohan's preoccupation with his artistic pursuits
is based on the presence of a sexual has caused emotional distance between him
relationship outside the marriage, regardless of and Aisha. This emotional distance and lack of
its impact. connection could be seen as a manifestation of
d) No, unless Sameera's same-sex relationship the irretrievable breakdown of their marriage. In
leads to a public scandal affecting the family's cases where a marriage has broken down
reputation. irretrievably and there is no chance of
This option is not valid because the criteria for reconciliation, this ground can be considered
adultery under the Hindu Marriage Act are not for divorce.
contingent upon potential public scandal or Explanation of other options:

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 CLAT

a) Adultery a) Adultery
Adultery involves extramarital sexual Adultery involves extramarital sexual
relationships, which is not a factor in this relationships, which is not a factor in this
scenario. scenario.
b) Cruelty c) Desertion
While there are issues and emotional distress, Desertion involves one spouse abandoning the
the scenario does not indicate cruel behavior other without reasonable cause, which is not
by either party. applicable here.
c) Desertion d) Cruelty
There is no indication of desertion in this There is no indication of cruel behavior in this
scenario. scenario.
Question 3: Hence, option (b) is correct.
Answer: b) Mutual Consent
Q30. Text Solution:
Explanation:
d) Desertion
Ravi and Priya both agree that their marriage is
Explanation:
irreparable due to their separate lives, lack of
In this scenario, Rohan left their shared home
communication, and emotional distance. In
after an argument and never returned, creating
such cases, a divorce by mutual consent would
a situation of abandonment. Desertion, as a
be a suitable option. Mutual Consent divorce
ground for divorce, refers to one spouse leaving
allows couples to divorce amicably when both
the other without reasonable cause and
parties agree to end the marriage without any
without the consent or intention to return.
dispute.
Priya's attempts to reach out and Rohan's lack
Explanation of other options:
of responsiveness suggest that he has
a) Adultery
effectively abandoned the marriage, leaving
Adultery involves extramarital sexual
Priya to manage the household and raise their
relationships, which is not a factor in this
child on her own.
scenario.
Explanation of other options:
c) Desertion
a) Adultery
Desertion involves one spouse abandoning the
Adultery involves extramarital sexual
other without reasonable cause, which is not
relationships, which is not relevant to the
applicable here.
scenario.
Hence, option (d) is correct. b) Mutual Consent
Q29. Text Solution: Mutual Consent divorce requires both parties to
Answer: b) Mutual Consent agree to the divorce without any dispute. While
Explanation: there might be challenges and disagreements
Ravi and Priya both agree that their marriage is in Rohan and Priya's situation, the scenario
irreparable due to their separate lives, lack of doesn't indicate that both parties are in
communication, and emotional distance. In agreement about ending the marriage.
such cases, a divorce by mutual consent would c) Mental Cruelty
be a suitable option. Mutual Consent divorce While there could be emotional distress caused
allows couples to divorce amicably when both by Rohan's abandonment, the primary issue in
parties agree to end the marriage without any this scenario is desertion rather than mental
dispute. cruelty.
Explanation of other options: Hence, option (d) is correct.

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Q31. Text Solution:
Option (a) is the right answer because the
Court looks into various factors and the income
of the husband is one of the main factors while
determining maintenance. Option (b)
incorrect as the husband is not liable to
maintain the wife for an amount which is
exceeding his income. Option (c) is incorrect
because the husband usually maintains the
wife unless the wife earns more than the
husband but the facts of the question are silent
regarding that. Option (d) is incorrect because
various factors determine the amount of
maintenance.
Hence the correct option is A.
Q32. Text Solution:
Option (b) is the right answer where the
husband has no source of income and the wife
is earning, the wife has to maintain her
husband. Option (a) is incorrect because both
husband and wife can claim maintenance from
each other. Option (c) is wrong because
maintenance is not only for the child. Therefore,
option (d) is wrong.
Hence the correct answer is B.
Q33. Text Solution:
Option (c) is the right answer because
Streedhan is solely the wife's property. Even
after the divorce, she has the sole right over
that property. Option (a) and (b) is incorrect
because she is not liable to share Streedhan
with her husband. Option (d) is, therefore,
incorrect.
Hence the correct option is C.
Q34. Text Solution:
Option (d) is the right answer as the husband
has to maintain both his ex-wife and his child.
He cannot choose between the two. Option (b)
is incorrect because even after divorce, the
husband has to maintain his wife. Option (c) is
incorrect because he cannot choose who he
wants to maintain or not. Therefore, option (a) is
incorrect.
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Hence the correct option is D.
Q35. Text Solution:
According to the question we have to mark
false statement:
is
Option A says- It can't be generalized that wife
is the party who gets the maintenance always
there are some legal provisions which allow a
man to get maintenance from his wife after
divorce it is clearly written in 2nd paragraph
and the second line so it cannot be false.
Option B says- Section 25 of the Hindu
Marriage Act allows the court to grant lifetime
maintenance to both Husband and wife whose
financial status is low, it is written in 2nd
paragraph and the fourth line so this cannot be
false too.
Option C says-Streedhana is the property
gained by a woman at the time of marriage, it
is different from dowry, this line is wr in the last
paragraph second line so this is also not false.
As all three options are written in the passages
it cannot be false.
Hence, the correct option is D.
Q36. Text Solution:
Explanation: The correct answer is C)
Maintenance seeks to address the economic
disparities resulting from the end of the marital
relationship.
The purpose of maintenance in Serenia is to
address the economic disparities that may
arise as a result of the end of the marital
relationship. It aims to provide financial support
to the dependent spouse who may have made
sacrifices or contributions during the marriage
that affected their earning capacity or financial
stability. The goal is to ensure that the
dependent spouse can maintain a reasonable
standard of living and meet their financial
needs after the divorce. Therefore, the primary
purpose of maintenance is to address the
economic disparities resulting from the end of
the marital relationship.
Option A) Maintenance aims to punish the
supporting spouse for the end of the marital
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relationship is incorrect. Maintenance is not
intended as a form of punishment but rather as
a means of financial support for the dependent
spouse.
Option B) Maintenance ensures that the
dependent spouse maintains a higher standard
of living than during the marriage is also
incorrect. While maintenance aims to help the
dependent spouse maintain a reasonable
standard of living, it does not guarantee a
higher standard of living than during the
marriage. The goal is to address the economic
disparities, not to improve the standard of living
beyond what is reasonable and fair.
Option D) Maintenance is a form of financial
compensation for emotional distress caused by
the divorce is incorrect. Maintenance is not
intended as compensation for emotional
distress but rather as financial support to
address the economic consequences of the
end of the marital relationship. Emotional
distress is typically addressed through other
legal processes, such as counseling or therapy,
if necessary.
Hence, option (c) is correct.
Q37. Text Solution:
Explanation: The correct answer is B) Balancing
the financial needs of the dependent spouse
with the earning capacity of the supporting
spouse.
Determining the amount and duration of
maintenance in Eldoria requires balancing the
financial needs of the dependent spouse with
the earning capacity of the supporting spouse.
The court aims to provide adequate support to
the dependent spouse while also ensuring that
the supporting spouse is not burdened beyond
their means. It must consider the financial
resources and earning potential of both parties
to strike a fair balance. This can be a
challenging task, as it requires evaluating
various factors and assessing the financial
circumstances of each spouse. Therefore,
balancing the financial needs of the
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dependent spouse with the earning capacity of
the supporting spouse presents a potential
challenge in determining the amount and
duration of maintenance in Eldoria.
Option A) Ensuring the dependent spouse
maintains a significantly higher standard of
living after the divorce is incorrect. The goal is
to provide adequate support to the dependent
spouse to maintain a reasonable standard of
living, not necessarily a significantly higher
standard than during the marriage.
Option C) Providing long-term maintenance
even when the dependent spouse has the
ability to become self-supporting is incorrect.
Maintenance is typically awarded based on the
financial needs of the dependent spouse and is
not intended to be a long-term obligation
when the dependent spouse has the ability to
become self-supporting.
Option D) Guaranteeing equal financial
contributions from both spouses during the
marriage is not supported by the given
information. The passage does not provide any
information about equal financial contributions
during the marriage. Maintenance is based on
the financial circumstances and needs of the
parties involved, rather than a requirement for
equal financial contributions.
Hence, option (b) is correct.
Q38. Text Solution:
Explanation: The correct answer is A) The
temporary maintenance provision aims to
ensure financial stability for the dependent
spouse throughout the divorce process.
The purpose of the temporary maintenance
provision in Equinoxia is to ensure the financial
stability of the dependent spouse during the
divorce proceedings. Divorce can often result in
significant financial disruptions for the
dependent spouse, especially if they have
relied on the supporting spouse for financial
support. By granting temporary maintenance,
the court seeks to provide immediate financial
assistance to meet the dependent spouse's
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ongoing financial needs, including living
expenses, legal fees, and other necessary costs.
Therefore, the primary purpose of
temporary maintenance provision is to ensure
financial stability for the dependent spouse
throughout the divorce process.
Option B) The temporary maintenance provision
is intended to punish the supporting spouse for
the breakdown of the marriage is incorrect. The
temporary maintenance provision is not meant
to punish the supporting spouse but rather to
address the financial needs of the dependent
spouse during the divorce proceedings.
Option C) The temporary maintenance
provision encourages the dependent spouse to
seek reconciliation with the supporting spouse
is incorrect. While the temporary maintenance
provision may provide financial support to the
dependent spouse, its primary purpose is not to
encourage reconciliation between the spouses.
The provision is focused on providing immediate
financial stability rather than influencing the
decision to reconcile.
Option D) The temporary maintenance
provision helps expedite the divorce process by
providing immediate financial assistance is also
incorrect. While temporary maintenance
provides immediate financial assistance, its
primary purpose is not to expedite the divorce
process. The court may need to consider
various other factors and issues before finalizing
the divorce, and the temporary maintenance
provision is a separate matter addressing the
financial needs of the dependent spouse.
Hence, option (a) is correct.
Q39. Text Solution:
Explanation: The correct answer is A) The
punitive maintenance provision aims
compensate the dependent spouse for the
financial losses incurred due to the supporting
spouse's misconduct.
The purpose of the punitive maintenance
provision in Prospertown is to compensate the
dependent spouse for the financial losses they
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have suffered as a result of the supporting
spouse's financial misconduct. Financial
the misconduct can include actions such as hiding
assets, dissipating marital funds, or engaging in
fraudulent financial practices. The punitive
maintenance provision serves as a means to
provide financial redress and compensate the
dependent spouse for the harm caused by the
supporting spouse's misconduct. Therefore, the
primary purpose of the punitive maintenance
provision is to compensate the dependent
spouse for the financial losses incurred due to
the supporting spouse's misconduct.
Option B) The punitive maintenance provision is
intended to deter the supporting spouse from
engaging in financial misconduct in future
relationships is incorrect. While the punitive
maintenance provision may have a deterrent
effect, its primary purpose is not to influence
the behavior of the supporting spouse in future
relationships. The provision is focused on
compensating the dependent spouse rather
than deterrence.
Option C) The punitive maintenance provision
encourages the dependent spouse to seek
reconciliation with the supporting spouse is
incorrect. The punitive maintenance provision is
not intended to encourage reconciliation
between the spouses but rather to provide
financial compensation for the harm caused by
the supporting spouse's financial misconduct.
Option D) The punitive maintenance provision
helps expedite the divorce process by providing
additional financial incentives is also incorrect.
The punitive maintenance provision is not
designed to expedite the divorce process or
provide additional financial incentives. Its
to primary purpose is to address the financial
losses suffered by the dependent spouse.
Hence, option (A) is correct.
Q40. Text Solution:
Explanation: The correct answer is B) It may
disregard the financial resources and
obligations of the supporting spouse.
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Relying solely on the earning capacity of the
dependent spouse in determining maintenance
may overlook the financial resources and
obligations of the supporting spouse. While the
earning capacity of the dependent spouse is
an important factor to consider, it should not be
the sole determinant of maintenance. Focusing
only on the earning capacity of the dependent
spouse may disregard the financial resources,
assets, and obligations of the supporting
spouse, which can significantly impact the
ability to provide financial support.
Maintenance calculations should take into
account both parties' financial circumstances
to ensure a fair and reasonable distribution of
resources. Therefore, relying solely on the
earning capacity of the dependent spouse can
be a potential drawback in determining
maintenance.
Option A) It may not accurately reflect the
financial needs of the dependent spouse is
incorrect. While relying solely on the earning
capacity of the dependent spouse may not
fully capture their financial needs, it does
consider one important aspect of their financial
situation. Therefore, this answer choice does
not accurately reflect the potential drawback
mentioned in the question.
Option C) It may lead to an unfair distribution of
marital assets and property is also incorrect.
The passage does not provide any information
about the distribution of marital assets and
property. Therefore, this answer choice goes
beyond the given information.
Option D) It may discourage the dependent
spouse from seeking employment or advancing
their career is not supported by the given
information. The passage does not indicate any
potential discouragement for the dependent
spouse to seek employment or advance their
career. Therefore, this answer choice is not
supported by the given information.
Hence, option (B) is correct.
Q41. Text Solution:
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Correct Answer: (d) The declaration about
Radhika’s health (1) cannot be inferred to be a
declaration about mental insanity. (2) was not
made by a court of competent jurisdiction.
Hence, Radhika had a say in the matter of
adoption, and therefore, Laksh cannot be
granted sole adoption rights.
Reasoning for the Incorrect Answer:
(a) Nowhere in the passage is there a mention
of the rationale for adoption; hence, option (a)
is invalid.
(b) The court was not of competent jurisdiction
as the declaration was held in the country of
Cocina.
(c) The consent of the other spouse (wife) may
be vitiated subject to certain exceptions;
hence, option (c) is wrong.
Hence, option (d) is correct.
Q42. Text Solution:
Correct Answer: (d) Similar to the previous
reasoning, the declaration about Radhika’s
health cannot be inferred to be a declaration
about mental insanity; hence, (a) and (c) are
eliminated. Also, there are exceptions to the
wife’s consent in cases of adoption, as
mentioned in the passage; hence, (b) is
incorrect as well.
Reasoning for the Incorrect Answer:
(a). Even though a court of India has made a
declaration about Radhika’s mental health, a
declaration of ‘bipolar disorder’ cannot be
classified as a declaration of mental insanity,
which is a mandate in the proviso of s. 7 of the
Act.
(b). The consent of the other spouse (wife) may
be vitiated subject to certain exceptions;
hence, option (b) is wrong.
(c). As suggested by reasoning (a), Laksh will not
be granted adoption rights.
Hence, option (d) is correct.
Q43. Text Solution:
Correct Answer: (c) The consent of the mother,
is necessary to put up the child for adoption.
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Here, there was no knowledge or consent on
the part of B, the biological mother of Alice.
Reasoning for the Incorrect Answer:
(a). There is nothing in the passage to suggest
that custody grants the father sole right to put
the biological child up for adoption.
(b). There is nothing in the paragraph
mentioning Y as the guardian of Alice.
(d). Parting ways cannot be inferred to impose a
restriction on putting the child up for adoption
in the given set of facts.
Hence, option (c) is correct.
Q44. Text Solution:
Correct Answer: (A) B can claim such a right,
since the court appointed guardian of Alice has
died and she as her biological mother is next in
the line of guardianship.
Reasoning for Incorrect Answers:
(b) Option b is incorrect, because after father
the biological mother is the one who is next in
line of guardianship.
(c) Mother's do not by default have the right to
custody over their child upon a divorce. Both
partners have an equal stake, and the court
finally decides who will get to keep the child.
(d) Since (a) can be inferred from the passage,
Option (d) is automatically vitiated.
Hence, option (a) is correct.
Q45. Text Solution:
Correct Answer: (a) The adoption is for the
welfare of Y since it can be inferred that Y had
better prospects while living with her aunt.
Reasoning for Incorrect Answers:
(b). Here, the object of the payment is what is
to be taken care of. The object of payment to X
in the form of a food truck was not in the form
of consideration (payment) for Y; rather, it was a
gift, given out of good faith by Jane and Foster.
Hence, (b) is incorrect.
(c). Succession of rights in terms of family is not
mentioned in the passage; hence, (c) is invalid.
(d). Eliminated, since (a) is correct.
Hence, option (a) is correct.
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Q46. Text Solution:
The correct option is B - no, because Samaira
was not legally separated from her birth
parents.
The correct answer is option B because the
passage mentions that once a child is legally
separated from his biological parents for good
and becomes a legitimate child of his adoptive
parents, he gets all the rights that are related to
his adoptive parents. But since that is not the
case here, they cannot adopt her.
Option A is not the correct answer because it
comes later, without permission or anything;
however, since she was not legally separated
from her birth parents, this is not the correct
answer option. Based on the same reasoning
and the fact that approaching a court comes
very later, option C is incorrect.
Option D is not the correct answer because
being Hindu and going through the court
proceedings does not make Samaira eligible for
being adopted.
Hence, option (b) is correct.
Q47. Text Solution:
The correct option is C - no, because Kartik
already has a son living, so he is not eligible for
this adoption.
The correct answer is option C because the
passage mentions that one cannot adopt if
they have a child living at that time; hence, this
makes Kartik ineligible for adopting a child.
Option A is not the correct answer because a
male alone can indeed adopt a child, as the
passage clearly mentions.
Option B is not the correct answer because
there is nothing mentioned in the factual
scenario for the age limit or anything.
Option D is not the correct answer because,
though his wife had custody of the son, that still
does not matter here because Kartik still had a
son who was
living at the time, he wanted to adopt a child.
Hence, option (c) is correct.
Q48. Text Solution:
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The correct option is D - no, because Kriti's
consent was not free at all, and so it is not a
valid adoption.
The correct answer is option D because for a
married man to adopt a child, he has to get the
consent of his wife, and the consent should be
free as well. Here, that is not the case because
Kriti was coerced into consenting to the same;
hence, it is not a valid adoption.
Option A is not the correct answer because
anyone can adopt a child; it does not qualify
as valid legal reasoning to say they could have
their own child.
Option B is not the correct answer because the
consent that Lakshya had from Kriti to adopt a
child was not free, and that had to be free.
Option C is not the correct answer because
they both had not mutually decided; Kriti’s
consent was not free; she was rather coerced
here.
Hence, option (d) is correct.
Q49. Text Solution:
The correct option is C-no, because he already
had a living child at the time of adoption, so he
cannot.
The correct answer is option C because having
any type of child, legitimate or illegitimate, both
counts as having a child, and so, here, Karan
cannot adopt a child since he already had a
child living with Karuna.
Option A is not the correct answer because
even when the wife consents to adopting a
child, it does not matter because he already
has a child living at the time of adopting the
child.
Option B is not the correct answer because he
cannot adopt a child right now because he
already has a child living at the time of
adopting the child.
Option D is not the answer because the child,
even though not legitimate or illegitimate, does
not matter.
Hence, option (c) is correct.
Q50. Text Solution:
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The correct option is D-no, because he is only
twenty and the age requirement does not fit
here.
The correct answer is option D because the
passage mentions that if a male wants to
adopt a daughter, he should be at least 21
years older than the adoptive daughter, and
since he himself is twenty, he is not eligible.
Option A is not the correct answer because
being responsible or not is the criterion here.
Option B is not the correct answer because,
again, this is merely a random tangent to say
that he can still have a child of his own rather
than adopting one.
Option C is not the correct answer because his
being a Hindu is not the only isolated criterion
here. His age requirement does not fit here.
Hence, option (d) is correct.
Q51. Text Solution:
As per Section 8(1) of the Hindu Minority and
Guardianship Act, a guardian can in no case
bind the minor by a personal covenant.
Therefore, option D is false as it contradicts the
given law. The other options are true based on
the given passage.
Hence the correct option is D
Q52. Text Solution:
The given passage does not provide any
indication that the contributions made by the
sons towards the maintenance and renovation
of the property affect their rights to their
father's self-acquired property. It is stated that
the property was self-acquired by their father,
which means that it was not inherited by him
from his ancestors. In such cases, according to
the Hindu Succession Act, all legal heirs of the
deceased have an equal right to the self-
acquired property, regardless of their
contributions towards it. Therefore, both Rohit
and Rahul have an equal right to their father's
self-acquired property.
Hence the correct option is C.
Q53. Text Solution:
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As per the passage given above, when a son
relinquishes his right to the self-acquired
property of the father, the principle of estoppel
is applied, and the son or his representative
cannot later deny the truth of that thing in the
court of law. The passage also clarifies that the
rights would not devolve on the son's successors
whose father was estopped to inherit the
property in view of the relinquishment.
Option A is incorrect as per the Indian law, as a
son can relinquish his right to the property
during the lifetime of his father.
Option C is also incorrect as per the principle of
estoppel, as a son or his representative cannot
later deny the truth of the relinquishment in the
court of law.
Option D is incorrect, as the relinquishment of a
son's right to the property has a legal effect as
per the Indian law.
Hence the correct option is B.
Q54. Text Solution:
The release deed can be used to exclude the
successors of the person who executed it. The
Supreme Court in the above passage ruled that
when a son relinquishes the right to the self-
acquired property of the father, then the
principle of estoppel is applied, and the father
is free to deal with the property without being
haunted by any claims from him or his
successors. In this case, the Release Deed was
used to exclude the successors of the son from
the first marriage based on the intention of the
father to deny any right of the son in regard to
the property.
Option (a) is incorrect as a release deed has to
be executed during the lifetime of the executor.
Option (c) is incorrect as no such information is
provided in the passage.
Option (d) is incorrect because it is not relevant
to the question at hand.
Hence the correct option is B.
Q55. Text Solution:
As per Section 8(1) of the Hindu Minority and
Guardianship Act, the natural guardian of a
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Hindu minor has power to do all acts which are
necessary or reasonable and proper for the
benefit of the minor or for the realization,
protection, or benefit of the minor's estate; but
the guardian can in no case bind the minor by
a personal covenant. In the given scenario, Ravi
can only sell the property if it is for the benefit
of the minor.
Option (a) is incorrect becuase simply being the
minor's guardian does not give Ravi the right to
sell off his property.
Option (b) is incorrect because permission of
court is not necessary to sell off a minor's
property, so long the property being sold off is
for the benefit of the minor.
Option (d) is incorrect because upon reaching
the age of majority Rohit himself can decide
what he wants to do with the property.
Hence the correct option is C.
Q56. Text Solution:
Answer- A
Chief Justice Chandrachud's interpretation of
Section 16(3) of the Hindu Marriage Act
recognizes children born from void or voidable
marriages as legitimate heirs for inheritance
purposes. This means that they are entitled to
claim their share in their parents' property,
whether self-acquired or ancestral, through a
notional partition. This is a landmark
development, as it ensures that these children
are not deprived of their inheritance rights
simply because their parents' marriage was not
valid.
(B) This option is incorrect. The court has held
that children born from void or voidable
marriages have a legal right to inherit their
parents' property, irrespective of whether the
other members of the HUF agree to it or not.
(C) This option is also incorrect. As mentioned
above, the court has held that children born
from void or voidable marriages are legitimate
heirs for inheritance purposes. This means that
they are entitled to claim their share in their
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parents' property, regardless of the validity of
their parents' marriage.
(D) This option is also incorrect. The court has
held that children born from void or voidable
marriages have the same inheritance rights as
children born from valid marriages. This means
that they are entitled to claim an equal share in
their parents' property.
Hence, option (a) is correct.
Q57. Text Solution:
Answer- C
As mentioned above, children born from void or
voidable marriages have the same inheritance
rights as children born from valid marriages. This
means that they are entitled to claim an equal
share in their parents' self-acquired property
but only to the extant of the share to be
provided to the children born out of the valid
marriage.
(B) This is incorrect. Children born from void or
voidable marriages are entitled to claim an
equal share in their parents' self-acquired
property.
(C) This option is also incorrect. While children
born from void or voidable marriages are
legitimate heirs for inheritance purposes, they
are not entitled to an equal share in their
parents' self-acquired property, as this is not
considered to be part of the HUF coparcenary.
(D) This option is incorrect. The court has held
that children born from void or voidable
marriages have the same inheritance rights as
children born from valid marriages. This means
that the division of the self-acquired property
should be done equally among all of the
children, irrespective of whether they were born
from valid or voidable marriages.
Hence, option (c) is correct.
Q58. Text Solution:
Answer- A
This is the correct answer. As mentioned above,
children born from void or voidable marriages
are legitimate heirs for inheritance purposes
under Chief Justice Chandrachud's
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interpretation of Section 16(3) of the Hindu
Marriage Act. This means that they are entitled
to claim their share in their parent's property,
whether self-acquired or ancestral, through a
notional partition.
(B) This option is incorrect. While children born
from valid marriages automatically become
coparceners in the HUF, children born from void
or voidable marriages do not have an
automatic right to become coparceners.
However, they may be able to become
coparceners through a process known as
"declaration of coparcenary."
(C) This option is also incorrect. As mentioned
above, children born from void or voidable
marriages have a legal right to inherit their
parents' property, irrespective of whether the
other members of the HUF agree to it or not.
(D) This option is incorrect because the recent
judicial interpretation by Chief Justice
Chandrachud recognizes children born from
void or voidable marriages as legitimate heirs
for inheritance purposes. This means that they
are entitled to claim their share in their parents'
property, whether self-acquired or ancestral.
Hence, option (a) is correct.
Q59. Text Solution:
Answer- D
This is the correct answer. As mentioned above,
children born from voidable marriages are
legitimate heirs for inheritance purposes. This
means that they are entitled to challenge their
parents' will if they believe that they have been
unfairly disinherited.
(A) This option is incorrect. The court has
already held that children born from voidable
marriages are entitled to challenge their
parents' will. This means that the child does not
need to go to court to argue that they are
entitled to challenge the will.
(B) No, the child is not entitled to challenge the
will, as their parents were free to dispose of
their property as they wished.
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 CLAT

This option is incorrect. While parents are free marriages. This means that the court does not
to dispose of their property as they wish, this have the discretion to decide whether or not
does not mean that they can completely they are entitled to inherit their parents'
disinherit their children. Children, including property.
those born from voidable marriages, have a Hence, option (c) is correct.
legal right to inherit a share of their parents'
Q61. Text Solution:
property.
Option C is the correct answer. Before the 2016
(C) The child may be entitled to challenge the
judgment, traditionally, the Karta was the
will, but only if they can show that the will was
senior-most male member. However, the Delhi
made under duress or undue influence. High Court's decision in 2016 allowed for women
This option is also incorrect. Children born from to become Kartas, expanding this role to either
voidable marriages do not need to show that the eldest male or female member of the family.
their parents' will was made under duress or
Option A is incorrect. This was the traditional
undue influence in order to challenge it. They understanding but has been expanded to
are entitled to challenge the will simply include female members after the 2016
because they are legitimate heirs for judgment.
inheritance purposes. Option B is incorrect. This option is too broad
Hence, option (d) is correct. and does not consider the seniority or gender
Q60. Text Solution: inclusivity established by the 2016 judgment.
Answer- C Option D is incorrect. The role of Karta is
Under Chief Justice Chandrachud's traditionally not an appointed position but
interpretation of Section 16(3) of the Hindu rather based on seniority and, post-2016,
Marriage Act, children born from void or gender inclusivity.
voidable marriages are legitimate heirs for
Q62. Text Solution:
inheritance purposes. This means that they
Option B is the correct answer. The birth of a
have the same inheritance rights as children
child, irrespective of the child's gender, is a key
born from valid marriages.
event that solidifies the formation of a new HUF,
(A) is wrong because Chief Justice
as it extends the lineal descendants of the
Chandrachud's interpretation of Section 16(3) of
common ancestor.
the Hindu Marriage Act explicitly states that
Option A is the correct answer. While marriage
children born from void or voidable marriages
is important, it does not alone signify the
are entitled to inherit their parents' property.
creation of a new HUF.
(B) is wrong because Chief Justice
Option C is the correct answer. This can be a
Chandrachud's interpretation of Section 16(3) of
part of HUF formation but is not a definitive
the Hindu Marriage Act gives children born from
signifier on its own.
void or voidable marriages a legal right to
Option D is the correct answer. Adoption adds
inherit their parents' property, irrespective of
members to an existing HUF but does not in
whether the other members of the HUF agree to
itself signify the creation of a new HUF.
it or not.
Q63. Text Solution:
(D) is wrong because Chief Justice
Option C is the correct answer. The Income Tax
Chandrachud's interpretation of Section 16(3) of
Act of 1961 in India recognizes the HUF as a
the Hindu Marriage Act gives children born from
separate legal entity for taxation purposes.
void or voidable marriages the same
inheritance rights as children born from valid

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Option A is incorrect. This act deals with
marriage laws but does not define HUF for tax
purposes.
Option B is incorrect. This act deals with
inheritance but does not specifically recognize
HUF for taxation.
Option D is incorrect. This act allows interfaith
marriages but does not define HUF for tax
purposes.
Q64. Text Solution:
Option B is the correct answer. Illegitimate
children are treated as members of their
father's HUF. This inclusion allows them to have
rights in the ancestral property and be part of
the family entity.
Option A is incorrect, as illegitimate children do
have rights and are recognized as part of their
father’s HUF.
Option C is incorrect. Formal adoption is not a
requirement for illegitimate children to be part
of their father's HUF.
Option D is incorrect. The mother's marital
status does not affect the recognition of
illegitimate children as members of their father's
HUF.
Q65. Text Solution:
Option A is the correct answer. Married
daughters become part of their husband's HUF
and are not considered members of their
father's HUF.
Option B is incorrect. They remain part of their
husband's HUF.
Option C is incorrect. They are considered part
of the HUF.
Option D is incorrect. They are members of their
father's HUF.
Q66. Text Solution:
Option B is the correct answer. The 2005
amendment to the Hindu Succession Act
removed gender-based discrimination,
allowing both sons and daughters to be
coparceners in an HUF.
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Option A is incorrect. This was the case before
the 2005 amendment but is no longer accurate.
Option C is incorrect. This is incorrect as all
children, irrespective of their birth order, can be
coparceners.
Option D is incorrect. The Karta is the manager
of the HUF, but just being a Karta is not
synonymous with being a coparcener.
Q67. Text Solution:
Option C is the correct answer. Coparceners in
an HUF are limited to four generations,
including the father, his son, grandson, and
great-grandson.
Option A is the correct answer. This is too
limited and does not align with the actual
definition.
Option B is the correct answer. This falls short of
the actual limit of four generations.
Option D is the correct answer. The number of
generations is specifically capped at four, not
unlimited.
Q68. Text Solution:
Option C is the correct answer. The birth of a
child, irrespective of the child's gender, usually
signifies the formation of a new HUF.
Option A is incorrect. Inheritance does not
automatically result in the formation of an HUF.
Option B is incorrect. Marriage alone does not
constitute the formation of an HUF.
Option D is incorrect. Self-earned property
does not result in the formation of an HUF.
Q69. Text Solution:
Option B is the correct answer. To be
considered a resident and ordinarily resident,
the Karta must reside in India for at least 730
days over the past 7 years. Falling short of this,
the HUF becomes a resident but not ordinarily
resident.
Option A is incorrect. The requirement for this
status is not met.
Option C is incorrect. The HUF is still considered
a resident due to the Karta's presence in India,
though not an ordinary resident.
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Option D is incorrect. This is incorrect as the Q73. Text Solution:
Karta's residential status plays a crucial role in
determining the HUF's status.
Q70. Text Solution:
Option C is the correct answer. For an HUF to
be considered non-resident, its management
and control must be entirely outside India,
regardless of Karta's physical presence in India.
Option A is incorrect. This condition applies to
individual residency status, not HUFs. Q74. Text Solution:
Option B is incorrect. The residency status of a
HUF is not determined by the residence of the
majority of its members.
Option D is incorrect. Ownership of property in
India does not determine the HUF’s residency
status.
Q71. Text Solution:
Explanation: The Quran is considered the
primary and most authoritative source of
Muslim law. It contains divine revelations and is
believed to be the word of God communicated
to Prophet Mohammed. The Quran provides
guidance on moral conduct and legal
principles, making it the source to which Muslim Q75. Text Solution:
individuals would refer for matters related to
self-defence or any other legal issue. Options
(a) The Ijma, (b) The Sunnat, and (d) The Qiyas
are not primary sources of Muslim law; they are
secondary sources or methods of legal
reasoning.
Hence, the answer is C.
Q72. Text Solution:
Explanation: The Sunnat, also known as Hadis
or Sunna, refers to the traditions of the Prophet
Mohammed. It includes his actions, sayings, Q76. Text Solution:
and approvals, serving as a precedent for legal
rulings. When Muslim scholars aim to derive
legal rulings by drawing analogies from existing
precedents set by the Prophet, they would refer
to the Sunnat. Options (a) Judicial decisions, (b)
Legislation, and (c) Customs are secondary
sources of Muslim law.
Hence, the answer is D.
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Explanation: The Quran holds the highest
authority for resolving legal disputes in Islamic
law. It is believed to be the literal word of God
and provides direct guidance on various legal
matters. Options (a) The Sunnat, (b) The Qiyas,
and (d) The Ijma are also sources of Muslim law
but are considered secondary to the Quran.
Hence, the answer is C.
Explanation: When faced with new issues not
explicitly addressed in the Quran or the Sunnat,
Islamic legal scholars may employ the method
of Qiyas to arrive at decisions consistent with
Islamic principles. Qiyas involves reasoning by
analogy, where legal rulings are derived by
comparing new situations to existing
precedents. Options (a) Customary law, (b)
Judicial decisions, and (c) Legislation are not
primary sources of Muslim law but rather
secondary sources or methods of legal
reasoning.
Hence, the answer is D.
Explanation: The Quran carries the most weight
in guiding decision-making processes in Muslim
jurisdictions, including matters related to
marriage practices. It is considered the primary
and most authoritative source of Muslim law,
providing direct guidance on various aspects of
life, including marriage. Options (a) The Sunnat,
(b) The Ijma, and (d) The Qiyas are also sources
of Muslim law but are secondary to the Quran.
Hence, the answer is C.
Correct Answer: (b) No, because the Quran
does not provide specific instructions for every
aspect of human conduct, requiring
supplementary guidance from other sources like
Sunna and Ijma.
Explanation: While the Quran is indeed the
primary and original source of Muslim Law, it
does not cover every conceivable situation.
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Therefore, supplementary sources like Sunna
and Ijma are often necessary to interpret and
apply its principles. Option (a) is incorrect
because it oversimplifies the role of the Quran
and ignores the need for additional sources.
Option (c) is incorrect because while the Quran
contains direct revelations from God, it still
requires interpretation, and its contents were
compiled after the Prophet's lifetime. Option (d)
is incorrect because the presentation of the
Quranic verses through the memories
companions does not inherently undermine its
authority as a legal source.
Q77. Text Solution:
Correct Answer: (a) Yes, because Sunna
encompasses the practices and precedents of
the Prophet, providing authoritative guidance
for Muslims.
Explanation: Sunna, which includes the actions
and sayings of the Prophet Muhammad, holds
significant authority in Islamic jurisprudence.
Therefore, Aisha can rely on Sunna to justify her
conduct if it aligns with the established
traditions of the Prophet. Option (b) is incorrect
because Sunna is indeed a secondary source
but holds substantial weight in Islamic law.
Option (c) is incorrect because while the
Prophet's words and conduct are considered
inspired by Allah, the acceptance of specific
traditions may vary among scholars. Option (d)
is incorrect because Sunna is universally
recognized as an authoritative source, although
interpretations may differ.
Q78. Text Solution:
Correct Answer: (a) Yes, because Ijma provides
a mechanism for resolving legal questions that
cannot be addressed by Quranic principles or
Prophetic traditions.
Explanation: Ijma, or consensus among Muslim
jurists, serves as a supplementary source of law
when primary sources like the Quran and Sunna
are silent or inconclusive. Therefore, Ali can turn
to Ijma for resolution in situations where other
sources do not offer clear guidance. Option (b)
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is incorrect because while there may be
disagreements among scholars, Ijma still holds
considerable authority in resolving legal
questions. Option (c) is incorrect because the
consensus of jurists represents a broader
understanding of legal principles beyond
individual opinions. Option (d) is incorrect
because Ijma is not limited to a select group of
scholars and is based on the collective
agreement of the Muslim community.
of
Q79. Text Solution:
Correct Answer: (a) Yes, because Qiyas allows
for the extension of existing laws to cover cases
not explicitly addressed by primary sources like
the Quran and Sunna.
Explanation: Qiyas, or analogical deduction,
enables the derivation of legal rulings by
applying existing principles to new situations.
Hasan can use Qiyas to derive a legal solution
when primary sources do not provide explicit
guidance. Option (b) is incorrect because while
Qiyas is a method of deduction, it can be used
to establish legal principles where primary
sources are silent. Option (c) is incorrect
because Qiyas involves applying established
standards, not merely establishing them. Option
(d) is incorrect because Qiyas is a recognized
method of deriving law and is not limited to
situations with explicit precedents.
Q80. Text Solution:
Correct Answer: (a) Yes, because Qiyas allows
for the extension of existing legal principles to
cover cases not directly addressed by primary
sources of Muslim Law.
Explanation: Zara can invoke the principle of
Qiyas to justify her actions if they can be
analogously compared to existing legal
principles. Qiyas serves as a supplementary
source of law when primary sources are silent
on specific matters. Option (b) is incorrect
because Qiyas is precisely intended for
situations where there is no explicit precedent.
Option (c) is incorrect because Qiyas does not
merely compare existing principles but extends
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them to cover new cases. Option (d) is incorrect
because Qiyas can indeed be used to establish
new legal rulings based on existing principles.
Q81. Text Solution:
Topic - Muslim Law
Sub Topic - Prohibition on Marriage
Correct Answer: C) The marriage is valid if
Amina's mental illness doesn't affect her
understanding at the time of the proposal and
acceptance.
Explanation:
In Islamic law, a person with a curable mental
illness, referred to as "lunacy," is generally
considered capable of entering into contracts
during periods of sanity. If Amina's mental illness
doesn't affect her understanding and capacity
to consent at the time of the proposal and
acceptance, her consent would be considered
valid. The key factor here is her mental state at
the specific moment when the proposal and
acceptance occur. If Amina is of sound mind
during this critical period, the marriage would
be valid, even though she has a curable mental
illness.
Incorrect Options:
A) The marriage is valid since Amina's illness is
curable: While the curable nature of Amina's
mental illness is a relevant consideration, the
primary factor is her mental state at the time of
the proposal and acceptance. The mere fact
that her illness is curable does not guarantee
her capacity at that specific moment.
B) The marriage is invalid due to Amina's
unsound mind: This option is incorrect because,
as mentioned, individuals with curable mental
illnesses (lunacy) can enter into contracts during
periods of sanity.
D) The marriage is valid, but Amina's consent is
not required due to her mental illness: This
option is incorrect because consent is an
essential requirement for a valid marriage in
Islamic law. Even if Amina has a curable mental
illness, her consent during periods of sanity is
necessary for the marriage to be valid.
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Hence, option (c) is correct.
Q82. Text Solution:
Topic - Muslim Law
Sub Topic - Prohibition on Marriage
Answer: B) It is called "Mahr" and symbolizes the
groom's commitment to financial security for
the bride.
Explanation: The gift that the groom provides
to the bride as part of the marriage contract is
called "Mahr." This amount symbolizes the
groom's commitment to providing financial
security to the bride within and after the
marriage. Options A, C, and D are incorrect
because they don't accurately represent the
concept of Mahr and its purpose.
Hence, option (b) is correct.
Q83. Text Solution:
Topic - Muslim Law
Sub Topic - Prohibition on Marriage
Answer: A) The waiting period will be extended
until the child is born.
Explanation: When a woman is in the waiting
period (Iddat) and is discovered to be
pregnant, her waiting period is extended until
she gives birth. This extension allows time to
determine the paternity of the child and
ensures that there is clarity about the child's
parentage. Options B, C, and D are incorrect
because they do not reflect the correct Islamic
rule regarding the extension of Iddat due to
pregnancy.
Hence, option (a) is correct.
Q84. Text Solution:
Topic - Muslim Law
Sub Topic - Prohibition on Marriage
Answer: C) The marriage can't take place until
the dower is paid, even if Amira's parents
demand it.
Explanation: In Islamic law, the payment of the
dower (mahr) is a fundamental requirement for
the validity of a marriage contract. It is
considered a right of the wife, and her
guardians cannot demand that the marriage
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proceed without it. The dower payment should
be agreed upon and provided as part of the
marriage contract. Options A, B, and D are
incorrect because they do not accurately
reflect the requirement of dower payment for a
valid marriage.
Hence, option (c) is correct.
Q85. Text Solution:
Topic - Muslim Law
Sub Topic - Prohibition on Marriage
Answer: B) The marriage is null and void
according to Shia law.
Explanation: In Shia law, a marriage contracted
during the waiting period (Iddat) is considered
void. This is because the waiting period exists
to ensure that the woman is not pregnant from
the previous marriage, and contracting a new
marriage during this time would defeat the
purpose of determining paternity. Options A, C,
and D are incorrect because they do not
accurately reflect the view of Shia law
regarding marriages during Iddat.
Hence, option (b) is correct.
Q86. Text Solution:
Topic - Muslim Law
Sub Topic - How is Muslim Marriage a contract
Solutions:
Correct Answer: B) The marriage is prohibited.
Explanation: In Sunni Islam, the concept of "milk
kinship" or "suckling kinship" is recognized. If a
woman has been breastfed by a woman, she
becomes a "milk sister" to the children of the
woman who breastfed her, and the marriage
between her and those children is considered
prohibited. Therefore, in this scenario, where the
woman was breastfed by the man's mother, it is
not permissible for the Sunni man to marry her.
Solution for A) The marriage is permissible:
This option is incorrect. As explained earlier, in
Sunni Islam, such a marriage is considered
prohibited due to the concept of milk kinship.
Solution for C) The marriage is allowed with
certain conditions:
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This option is incorrect because, in Sunni Islam,
the prohibition of marriage in cases of milk
kinship is generally straightforward and not
subject to certain conditions that would make it
permissible.
Solution for D) The marriage is valid only with
the permission of the local religious authority:
This option is incorrect because the prohibition
of marriage due to milk kinship is a well-
established rule in Sunni Islamic jurisprudence
and does not typically require the permission of
a local religious authority to be overridden. It is
a matter of Islamic law.
Hence, option (b) is correct.
Q87. Text Solution:
Topic - Muslim Law
Sub Topic - How is Muslim Marriage a contract
Correct Answer: B) The marriage is irregular in
Sunni and void in Shia laws.
Explanation: The marriage is irregular in Sunni
law and can be regularised by divorcing the
wife with whom the fifth marriage has been
entered into. Under Shia law it is void. Hence,
the correct option is B.
Now, let's analyze the incorrect options:
a. The marriage is valid in both Sunni and Shia
laws.
This option is incorrect because both Sunni
and Shia laws limit the number of
simultaneous marriages to four for a man.
Marrying a fifth woman without divorcing any
of the existing wives goes against this limit,
making the marriage irregular in both Sunni
and Shia laws.
c. The marriage is irregular in both Sunni and
Shia law. Sunni law but void in Shia law.
This option is incorrect because, there is no
cocept of irregular marriage under Shia law.
d. The marriage is void in both Sunni and Shia
laws.
This option is incorrect because the marriage
is not necessarily void in either Sunni or Shia
laws. It is considered irregular in both, but it
does not automatically render the marriage
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void. Divorce or separation would
required to rectify the irregularity.
Hence, option (b) is correct.
Q88. Text Solution:
Topic - Muslim Law
Sub Topic - How is Muslim Marriage a contract
Solution:
Correct Answer: C) Islamic law allows the
marriage of first cousins under specific
conditions.
Explanation: In Islamic law, marriage between
first cousins is generally permitted, but it is
subject to certain conditions
considerations. These conditions may vary
depending on the interpretation of Islamic law
in different cultures and regions. It's important
to note that while it is allowed, there are
variations in how this practice is perceived and
regulated within the Islamic world.
Solution for A) Islamic law permits the marriage
of first cousins:
This option is not entirely correct. While Islamic
law does allow the marriage of first cousins, it is
subject to specific conditions, and it may not
be universally practised in the same way in all
Islamic communities.
Solution for B) Islamic law prohibits the
marriage of first cousins:
This option is incorrect. Islamic law does not
prohibit the marriage of first cousins. Instead, it
allows it under certain conditions.
Solution for D) Islamic law does not provide any
guidance on the marriage of first cousins:
This option is also incorrect. Islamic law does
provide guidance on the marriage of first
cousins, as mentioned in the correct answer
(Option C), which permits such marriages under
specific conditions.
Hence, option (c) is correct.
Q89. Text Solution:
Topic - Muslim Law
Sub Topic - How is Muslim Marriage a contract
Options:
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be B) The marriage is irregular in Sunni law but
valid in Shia law.
Correct Explanation: As per the information in
the passage, an abscence of witnesses at the
time of marriage renders a marriage as per
Sunni law irregular, and as per Shia law voi.
A) The marriage is valid in both Sunni and Shia
laws.
Incorrect Explanation: In Sunni law, the absence
of witnesses would render the marriage
irregular, not valid. In Shia law, witnesses are not
strictly required at the time of marriage, hence
marriage without witnesses as per Shia law is
and
valid.
C) The marriage is irregular in Sunni law but void
in Shia law.
Incorrect Explanation: The passage states that
witnesses are essential for a valid marriage in
Sunni law. Without witnesses, the marriage
would be considered irregular. In Shia law,
however prescence of witnesses in not required
for a marriage to be considered valid.
D) The marriage is void in both Sunni and Shia
laws.
Incorrect Explanation: The passage doesn't
state that the absence of witnesses leads to
voidness. Additionally, Shia law doesn't strictly
require witnesses, so this option is inaccurate.
Hence, the correct option is B.
Q90. Text Solution:
Topic - Muslim Law
Sub Topic - How is Muslim Marriage a contract
Solution:
Correct Answer: C) Sunni law allows such a
marriage, but Shia law prohibits it.
Explanation: In Sunni Islam, a Muslim woman is
generally allowed to marry a man from "Ahl al-
Kitab," which includes Jews and Christians, but
there are often restrictions and conditions. In
contrast, Shia law may be more restrictive
when it comes to interfaith marriages, and it
may not allow a Shia Muslim woman to marry a
non-Muslim man. Therefore, option C is the
correct answer as it reflects the differing
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approaches of Sunni and Shia law in this
situation.
Solution for A) Both Shia and Sunni law allow
Sarah to marry a man from a different religion
without any restrictions:
This option is incorrect because both Sunni
and Shia Islamic laws usually impose certain
restrictions and conditions on interfaith
marriages, and they do not generally allow
such marriages without any restrictions.
Solution for B) Shia law permits such a
marriage, but Sunni law prohibits it:
This option is incorrect because Sunni law
generally permits a Muslim woman to marry a
man from "Ahl al-Kitab" (Jews and Christians)
with certain conditions, so it does not prohibit it
outright.
Solution for D) Both Shia and Sunni laws
prohibit Sarah from marrying a man from a
different religion:
This option is incorrect because, as mentioned
earlier, Sunni law does allow such marriages
with certain conditions, and Shia law may be
more restrictive but does not apply to Sunni
Muslims.
Hence, option (c) is correct.
Q91. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
The correct answer is:
b. Talaq-e-Hasan
Reasoning:
In Islamic jurisprudence, there are three main
forms of divorce: Talaq-e-Bid’ah, Talaq-e-
Hasan, and Talaq-e-Ahsan. Talaq al-Tafweed
is not a recognized form of divorce but refers to
the delegation of divorce powers to someone
else, like a religious scholar or a judge, to
pronounce the divorce on behalf of the
husband.
In the scenario described, where the husband
pronounced talaq three times over the period
of three months in separate instances, it falls
under Talaq-e-Hasan. Talaq-e-Hasan is
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considered a "good" or "approved" form of
divorce in Islam, where the husband can
pronounce talaq on three different occasions,
with a waiting period (Iddah) between each
pronouncement. If the wife does not reconcile
during this waiting period, and the third
pronouncement is made, the divorce becomes
irrevocable, and the couple cannot remarry
unless the wife marries another man and gets
divorced from him (a concept known as halala).
Now, let's discuss the reasoning for the incorrect
options:
a. Talaq-e-Bid’ah - This is not the correct
answer because Talaq-e-Bid’ah refers to an
innovation or irregular form of divorce that goes
against the prescribed methods of divorce in
Islamic law. It usually involves pronouncing
talaq three times in one sitting, which is
considered sinful and not valid.
c. Talaq-e-Ahsan - This option is incorrect
because Talaq-e-Ahsan is a form of divorce
where a single pronouncement of talaq is made
during a period of purity (tuhr) when the wife is
not menstruating and there is no sexual
contact. It is considered the best and most
proper form of divorce in Islam.
d. Talaq al-Tafweed - This is also an incorrect
option because Talaq al-Tafweed refers to the
delegation of divorce powers to someone else,
such as a religious scholar or a judge, to
pronounce the divorce on behalf of the
husband. It is not one of the three main forms of
divorce but rather a delegation of authority.
Hence, option (b) is correct.
Q92. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
Correct Answer: b. The divorce is unlawful
requirements under talaq-e-hasan are not met.
Particularly because they are still living together
and engaging in sexual intercourse
(copulation).
Reasoning for Incorrect Options:
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a. The divorce is a lawful divorce as the couple
themselves are willing to go through iddat.
This option is incorrect because the willingness
of the couple to go through iddat (the waiting
period) is not the sole determinant of the
legality of a Talaq-e-Hasan divorce. Talaq-e-
Hasan has specific requirements that must be
met for it to be considered lawful, and simply
agreeing to go through iddat does not fulfil
these requirements.
c. The divorce is lawful as there is consent from
both husband and wife.
This option is incorrect because the mere
consent of both the husband and wife is not
sufficient to make a Talaq-e-Hasan divorce
lawful. While consent is important in Islamic
divorces, Talaq-e-Hasan has its own set of
conditions and procedures that must be
followed, and consent alone does not ensure
compliance with those conditions.
d. The divorce is unlawful as it goes against
justice, equity, and good conscience.
This option is incorrect because it provides a
vague and general reason for the divorce being
unlawful. In Islamic jurisprudence, the legality of
a divorce is typically determined based on
adherence to specific rules and conditions
outlined in Islamic law (Sharia). While justice,
equity, and good conscience are important
principles, they may not be the sole basis for
declaring a divorce unlawful under Talaq-e-
Hasan. The specific requirements of Talaq-e-
Hasan must be considered.
In summary, option b is the correct answer
because it correctly identifies that the divorce is
unlawful due to the failure to meet the specific
requirements of Talaq-e-Hasan. The other
options either focus on irrelevant factors or
provide a broad and unspecified rationale for
the divorce's legality.
Hence, option (b) is correct.
Q93. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
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Answer: b) The divorce is not final, as the
waiting period of three months or three
menstrual cycles must be observed completely
Explanation: In Islamic law, talaq-e-Ahsan
involves the husband pronouncing "talaq" once
during his wife's "tuhr," a time when she is not
menstruating and they have not had sexual
contact. Following this, the wife must observe
an iddat period (waiting time) of three
menstrual cycles or three months, whichever is
longer. If the husband chooses not to revoke
the divorce during this iddat period, the divorce
becomes final.
In this scenario, since Sana decided to explore
reconciliation before the completion of the
waiting period, the divorce is not yet final.
According to Islamic law, the purpose of the
waiting period is to allow for a reconsideration
of the divorce and to determine whether the
wife is pregnant. If reconciliation occurs during
this time, the divorce can be revoked, and the
marriage remains intact. Therefore, option (b) is
correct.
Why the Other Options are Wrong:
a) The divorce is already final, regardless of the
incomplete waiting period.
• This option is incorrect. The waiting period is
a crucial part of the talaq process, and until the
waiting period is complete, the divorce is not
final.
c) The divorce is null and void due to the
incomplete waiting period.
• This option is incorrect. While reconciliation
during the waiting period may result in the
divorce not being finalized, it doesn't render the
divorce null and void. The waiting period allows
for reconsideration and possible reconciliation.
d) The divorce can only be finalized if Sana
obtains her husband's consent after the waiting
period.
Hence, option (b) is correct.
Q94. Text Solution:
Topic - Muslim Law
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Sub Topic - Divorce
Correct answer: c. No, he can't do this because
only the wife can initiate a divorce through
Khul'.
Reasoning:
a. Incorrect. While abuse might be a valid
reason for seeking a divorce, the Khul process is
specific to Islamic jurisprudence and is initiated
by the wife, not the husband. Adil, as a
husband, cannot unilaterally initiate a divorce
through Khul' based on his wife's abusive
behaviour. He would need to follow a different
legal procedure if he wishes to divorce her.
b. Incorrect. The notion of supporting one's wife
does play a role in Islamic divorce law, but it is
not the reason why Adil cannot initiate a
divorce through Khul'. Khul' is a procedure
initiated by the wife when she wants to dissolve
the marriage, typically by returning the dowry
or financial compensation to the husband. Adil,
as the husband, cannot initiate this process
himself.
c. Correct. In Islamic law, Khul' is a divorce
initiated by the wife when she seeks to dissolve
the marriage. It is a process where the wife
offers something of value to her husband in
exchange for her release from the marriage
contract. The husband cannot unilaterally
initiate this type of divorce. Therefore, Adil
cannot initiate a divorce through Khul' because
it is not within his legal rights to do so.
d. Incorrect. Based on the principles of Islamic
law, it can be determined that Adil cannot
initiate a divorce through Khul' because it is a
well-defined legal process within Islamic
jurisprudence, and it is clear that it is the wife
who initiates it.
Hence, option (c) is correct.
Q95. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
Answer: C) The husband says "talaq" three
times at once or in a different way from the
customary method.
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Explanation:
In the scenario of "Talaq-e-Bid'ah," the
husband declares the divorce by saying the
word "talaq" three times at once or in a manner
that deviates from the customary method. This
departure from the traditional way of
pronouncing divorce makes Talaq-e-Bid'ah
unique.
Why other options are wrong:
Option A: This describes the process of Talaq-
e-Ahsan, where the husband says "talaq" once
during the wife's "tuhr." However, this option
doesn't pertain to Talaq-e-Bid'ah.
Option B: This describes the process of Talaq-
e-Hasan, where the husband says "talaq" three
times at successively pure intervals. Again, this
option is not related to Talaq-e-Bid'ah.
Option D: This describes the process of Talaq-
e-Ahsan, where the husband says "talaq" once
during the wife's "tuhr," followed by an iddat
period. This option is not about Talaq-e-Bid'ah
and describes a different form of divorce
procedure.
Hence, option (c) is correct.
Q96. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
Answer: a) Talaq-e-Ahsan
Explanation: This is Talaq-e-Ahsan. In this form
of divorce, the husband pronounces divorce
under a specific circumstance (when the wife is
not menstruating) and then waits for the iddat
period to pass. If he has sexual intercourse with
his wife during the iddat period, the divorce is
revoked. This form of talaq is characterized by
its emphasis on a single pronouncement
followed by the iddat waiting period.
Incorrect Options Explanation:
b) Talaq-e-Hasan: Talaq-e-Hasan involves
three successive pronouncements during three
successive tuhrs (when the wife is not
menstruating), and divorce can be revoked
before the third pronouncement.
c) Talaq-e-Biddat: Talaq-e-Biddat is instant
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divorce where the word "talaq" is pronounced
three times during a single tuhr, resulting in
immediate and irrevocable divorce.
d) None of the above: This option is incorrect
because the situation described matches the
characteristics of Talaq-e-Ahsan.
Hence, option (a) is correct.
Q97. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
Answer: b) Talaq-e-Hasan
Explanation: This is Talaq-e-Hasan. In this form
of talaq, three successive pronouncements of
divorce are made during three successive tuhrs
(when the wife is not menstruating). However,
divorce can still be revoked before the third
pronouncement is made.
Incorrect Options Explanation:
a) Talaq-e-Ahsan: Talaq-e-Ahsan involves a
single pronouncement of divorce under specific
circumstances and waiting for the iddat period.
It can be revoked by sexual intercourse during
the iddat period.
c) Talaq-e-Biddat: Talaq-e-Biddat is instant
divorce pronounced by saying "talaq" three
times during a single tuhr, resulting in immediate
and irrevocable divorce.
d) None of the above: This option is incorrect
because the situation described matches the
characteristics of Talaq-e-Hasan.
Hence, option (b) is correct.
Q98. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
Answer: c) Talaq-e-Biddat
Explanation: This is Talaq-e-Biddat. It is an
instant form of divorce where the husband
pronounces the word "talaq" three times during
a single tuhr, resulting in immediate and
irrevocable divorce.
Incorrect Options Explanation:
a) Talaq-e-Ahsan: Talaq-e-Ahsan involves a
single pronouncement of divorce under specific
circumstances and waiting for the iddat period.
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If sexual intercourse occurs during the iddat
period, the divorce is revoked.
b) Talaq-e-Hasan: Talaq-e-Hasan involves
three successive pronouncements during three
successive tuhrs, with the possibility of revoking
the divorce before the third pronouncement.
d) None of the above: This option is incorrect
because the situation described matches the
characteristics of Talaq-e-Biddat.
Hence, option (c) is correct.
Q99. Text Solution:
Topic - Muslim Law
Sub Topic - Divorce
Answer: b) No, the divorce is not valid as it
violates the rules of divorce.
Explanation: In 2019, the Muslim Women
(Protection of Rights on Marriage) Act was
introduced in India, which made the practice of
instant triple talaq unlawful. Therefore, saying
"talaq" three times continuously would not be
considered a valid form of divorce, as it violates
the rules established by this act. The Act aims
to protect the rights of Muslim women and
prevent the instant and irrevocable divorce that
was prevalent in the past.
Incorrect Options Explanation:
a) Yes, the divorce is valid under Muslim
personal law: This option is incorrect because
the passage mentions that the practice of
instant triple talaq has been declared unlawful
in 2019, which means that such a divorce would
not be considered valid under the updated
legal framework.
c) It depends on the specific laws and
interpretations: While interpretations may vary,
the passage specifies that the practice of
instant triple talaq has been made unlawful
through the 2019 Act.
d) None of the above: This option is incorrect
because the passage clearly states that the
practice of instant triple talaq has been
prohibited by the 2019 Act.
Hence, option (b) is correct.
Q100. Text Solution:
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Topic - Muslim Law of proper dower.

Sub Topic - Divorce B) While age and beauty might be considered,
Answer: a) Both the assertion and the reason they are not the only factors and other
are correct, and the reason explains the considerations are also relevant.
assertion. C) The wife's personal qualifications go beyond
Explanation: Both the assertion and the reason assessing her economic contribution; they
are correct. The Muslim Women (Protection of encompass various aspects that reflect her
Rights on Marriage) Act, 1986, aims to prohibit value within the marriage.
the practice of instant and irrevocable divorce Hence, option (d) is correct.
through triple talaq. The Act's definition of
Q102. Text Solution:
"talaq" includes talaq-e-biddat or any similar Topic - Muslim Law
form of talaq that results in immediate and
Sub topic - Maintainence under Muslim Law
irrevocable divorce. The reason accurately
Answer: D) The wife is entitled to proper dower,
explains why the assertion is correct.
which considers various factors including her
Incorrect Options Explanation:
personal qualifications.
b) Both the assertion and the reason are
Explanation: In cases where the dower amount
correct, but the reason does not explain the
is not explicitly mentioned in the marriage
assertion: This option is incorrect because the
contract and the marriage is completed, the
reason effectively explains the assertion. wife is typically entitled to proper dower. Proper
c) The assertion is correct, but the reason is dower takes into account various factors,
incorrect: Both the assertion and the reason are
including the personal qualifications of the wife,
correct in this case.
her family's social position, economic
d) The assertion is incorrect, but the reason is
conditions, and more. The personal
correct: This option is incorrect because both
qualifications of the wife, such as her
the assertion and the reason are correct in this
intelligence and virtue, are considered as part
case.
of the assessment. Other factors, however, also
Hence, option (A) is correct. contribute to determining the proper dower
Q101. Text Solution: amount.
Topic - Muslim Law Explanations for other options:
Sub topic - Maintainence under Muslim Law A) This option is incorrect as Islamic law does
Answer: D) The wife's personal qualifications are recognize the wife's entitlement to proper
considered alongside other factors to assess dower even when it's not explicitly mentioned in
the appropriate amount of proper dower. the contract.
Explanation: The wife's personal qualifications, B) The payment of a deferred dower upon
such as her age, beauty, virtue, fortune, etc., are divorce is not the norm in this situation, as
taken into consideration as part of the factors proper dower is the applicable concept.
that contribute to determining the amount of C) The personal qualifications are indeed
proper dower. However, they are not the sole considered, but they are not the sole
determinants, and other contextual factors, as determinant of the dower amount.
mentioned in the passage, also play a role in Hence, option (d) is correct.
assessing the appropriate amount.
Q103. Text Solution:
Explanations for other options:
Topic - Muslim Law
A) This option is incorrect because the wife's
Sub topic - Maintainence under Muslim Law
personal qualifications do influence the amount

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Answer: C) The dower can be adjusted based
on the husband's current financial condition as
long as both parties agree.
Explanation: According to Islamic principles, the
dower can be adjusted based on changed
circumstances, as long as both parties mutually
agree to the adjustment. If the husband's
financial situation deteriorates significantly,
Islamic law allows for a fair negotiation
between the husband and wife to modify the
dower amount to a reasonable level.
Explanations for other options:
A) This option is incorrect because Islamic law
does allow for adjustments in the dower
amount under changed circumstances.
B) While the husband has an obligation to fulfill
his commitments, financial hardship can be a
valid reason for reconsidering the dower
amount.
D) The wife's demand is not necessarily invalid,
as adjustments can be made based on mutual
agreement.
Hence, option (c) is correct.
Q104. Text Solution:
Topic - Muslim Law
Sub topic - Maintainence under Muslim Law
Answer: B) Islamic law requires the husband to
pay the deferred dower immediately upon the
wife's request.
Explanation: In the case of a marriage where
the husband is a minor and the deferred dower
is specified, the wife can request the immediate
payment of the deferred dower. Islamic law
recognizes the wife's right to request the dower
upon marriage, even if the marriage was
contracted with a minor.
Explanations for other options:
A) This option is incorrect as the wife's request is
valid under Islamic law.
C) There is no requirement for the wife to repay
the dower upon dissolution of the marriage, as
it is her rightful due.
D) The guardian's authority does not extend to
delaying the payment of the deferred dower;
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Islamic law grants the wife the right to request
it.
Hence, option (b) is correct.
Q105. Text Solution:
Topic - Muslim Law
Sub topic - Maintainence under Muslim Law
Answer: D) The husband's economic condition
can be considered when determining the
amount of proper dower, but it's not the sole
factor.
Explanation: The economic condition of the
husband is one of the factors that can be
considered when determining the amount of
proper dower. However, it's not the only factor,
and the passage indicates that various other
considerations, such as the social position of
her father’s family, dower given to her female
paternal relations, and circumstances of time,
are also relevant in assessing the appropriate
amount.
Explanations for other options:
A) The husband's economic condition can
influence the determination of proper dower; it's
not irrelevant.
B) While a wealthier husband might be
expected to pay more, this oversimplifies the
complex considerations that go into
determining proper dower.
C) The husband's economic condition might
affect the wife's entitlement to dower, but it's
not the sole factor determining it. Other
aspects also contribute.
Hence, option (d) is correct.
Q106. Text Solution:
Topic - Muslim Law
Sub topic - Maintainence under Muslim Law
Answer: B) Section 127(3)(b)
Explanation: In the scenario described, the
relevant provision that prevents a divorced
Muslim woman from claiming further
maintenance when she has received her dower
(mehr) is Section 127(3)(b) of the Criminal
Procedure Code (CrPC). This provision states
that a woman who has received a sum of
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money or property as mehr from her husband is
not entitled to maintenance under Section 125
of the CrPC. This provision is in line with the
interpretation that the payment of dower
satisfies the obligation of maintenance during
marriage.
Why other options are incorrect:
A) Section 125: This section is about
maintenance of wives, children, and parents. It's
relevant for ongoing maintenance rather than
the situation described.
C) Section 127(3)(a): This provision is not relevant
to the question.
D) Section 129(2): This section is not relevant to
the given scenario.
Hence, option (b) is correct.
Q107. Text Solution:
Topic - Muslim Law
Sub topic - Maintainence under Muslim Law
Answer: B) The Act was upheld as
constitutionally valid.
Explanation: In the scenario where a divorced
Muslim woman challenges the constitutionality
of the Muslim Women (Protection of Rights on
Divorce) Act, 1986, the outcome was that the
Act was upheld as constitutionally valid. The
case of Danial Latifi v. Union of India affirmed
the constitutionality of the Act, stating that
maintenance must be provided within the Iddat
period and be sufficient to maintain the woman
for her entire life.
Why other options are incorrect:
A) The Act was declared unconstitutional: This
option is incorrect based on the actual
outcome of the case.
C) The Act was modified to include more
provisions: There's no indication in the passage
that the Act was modified.
D) The Act was deemed inapplicable to
divorced women: This is not supported by the
passage; the Act was applicable to the
maintenance rights of divorced Muslim women.
Hence, option (b) is correct.
Q108. Text Solution:
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Topic - Muslim Law
Sub topic - Maintainence under Muslim Law
Answer: C) Mohammed Ahmed Khan v. Shah
Bano Begum
Explanation: In the case of Mohammed Ahmed
Khan v. Shah Bano Begum, it was established
that dower (mehr) is not the same as the
amount payable to the wife on divorce. The
judgment clarified that dower is an obligation
on the husband and is paid as a mark of
respect for the wife, and not the amount
payable to the wife on divorce.
Why other options are incorrect:
A) Bai Tahira v. Ali Hussain: This case is about
whether a woman who has already received
dower can claim further maintenance. It's not
directly related to the interpretation of dower
itself.
B) Fuzlunbi v. K. Khader Vali: This case concerns
the sufficiency of mehr, not the distinction
between dower and divorce payment.
D) Danial Latifi v. Union of India: This case deals
with the constitutionality of the Muslim Women
(Protection of Rights on Divorce) Act, not the
interpretation of dower.
Hence, option (c) is correct.
Q109. Text Solution:
Topic - Muslim Law
Sub topic - Maintainence under Muslim Law
Answer: C) She is not entitled to any further
maintenance.
Explanation: In the scenario described, if a
divorced Muslim woman receives an amount of
money as part of her dower (mehr) and
remarries, she is not entitled to any further
maintenance from her previous husband. The
payment of dower is considered a settlement of
the financial obligations during the marriage.
Why other options are incorrect:
A) She is entitled to maintenance until her
remarriage: This is incorrect; maintenance does
not continue after remarriage.
B) She is entitled to maintenance throughout
her life: This is incorrect, as the passage does
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not indicate this.
D) She is entitled to maintenance only during
the Iddat period: The scenario involves a
remarriage, so the Iddat period is not
applicable.
Hence, option (c) is correct.
Q110. Text Solution:
Topic - Muslim Law
Sub topic - Maintainence under Muslim Law
Answer: D) The husband's financial capacity.
Explanation: In a case where a divorced Muslim
woman challenges her husband's claim that the
dower (mehr) payment is sufficient
maintenance, the court would likely consider
the husband's financial capacity while deciding
on her maintenance claim. The financial
capacity of the husband is crucial to determine
whether the amount of dower is indeed
sufficient to cover the woman's needs.
Why other options are incorrect:
A) The husband's educational background: The
husband's education is not directly relevant to
his financial capacity.
B) The duration of the marriage: The duration of
the marriage might influence certain
considerations, but it's not the primary factor in
this context.
C) The wife's ability to work: The wife's ability to
work might impact her financial situation but is
not the primary factor in determining the
husband's maintenance obligation.
Hence, option (d) is correct.
Q111. Text Solution:
Topic - Muslim Law
Sub topic - Mehr
Explanation: According to the passage, the
case of Abdul Kadir v. Salima establishes that
dower under Muslim law is a sum of money or
property promised by the husband to be paid
or delivered to the wife in consideration of
marriage. Even if the dower is not expressly
mentioned at the time of marriage, the wife still
has the right to claim dower.
Other Options:
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(b) No, as the absence of explicit mention of
dower during the marriage renders the claim
void: This is incorrect because, according to the
passage, the absence of explicit mention does
not void the right to claim dower.
(c) Yes, but only if the marriage was
consummated, as the right to claim dower is
contingent on the occurrence of
consummation: This is incorrect because the
passage does not indicate that the right to
claim dower is contingent on consummation.
(d) No, because the concept of mahr is only
applicable if it is explicitly agreed upon by both
parties at the time of marriage: This is incorrect
as the passage states that even if not expressly
mentioned, the wife still has the right to claim
dower.
Hence, the answer is A.
Q112. Text Solution:
Topic - Muslim Law
Sub topic - Mehr
Explanation: The passage mentions that if the
marriage has not been consummated, the wife
has the right to refuse to cohabit with her
husband until the prompt dower is paid.
Other Options:
(a) Aisha can immediately file for divorce: This is
incorrect because the passage does not
suggest that the refusal to pay dower is
grounds for immediate divorce.
(c) Aisha can file a criminal case against her
husband under the Dowry Prohibition Act, 1961:
This is incorrect as the passage does not
mention the Dowry Prohibition Act, 1961, in the
context of dower.
(d) Aisha must relinquish her claim to dower if
the marriage has been consummated: This is
incorrect as the passage does not state that
the right to insist on prompt dower is forfeited
after consummation.
Hence, the answer is B.
Q113. Text Solution:
Topic - Muslim Law
Sub topic - Mehr
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Explanation: The passage clarifies that the term
'consideration' in Muslim law is different from its
usage in a contract. The absence
consideration (dower) does not render the
marriage void.
Other Options:
(a) The term 'consideration' in Muslim law is
similar to that in a contract: This is incorrect as
the passage explicitly states that the term
'consideration' is different in the context of
dower.
(c) The concept of consideration in Muslim law is
irrelevant to the validity of the marriage: This is
incorrect as the passage discusses
importance of consideration (dower) in Muslim
law.
(d) The term 'consideration' is synonymous in
both Muslim law and contracts: This is incorrect,
as the passage emphasizes the distinction
between the two.
Hence, the answer is B.
Q114. Text Solution:
Topic - Muslim Law
Sub topic - Mehr
Explanation: The passage states that if the
marriage has not been consummated, the wife
has the right to refuse to cohabit with her
husband until the prompt dower is paid.
Other Options:
(b) Rukhsar loses the right to claim prompt
dower once the marriage is consummated: This
is incorrect, as the passage does not indicate
that the right to claim dower is forfeited after
consummation.
(c) Rukhsar can file a criminal case against her
husband for violating her right to prompt dower
after consummation: This is incorrect, as the
passage does not suggest legal action under
criminal law in this context.
(d) Rukhsar must comply with her husband's
demand for consummation, and any claim to
prompt dower is forfeited after consummation:
This is incorrect, as the passage does not state
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that the wife must comply with consummation
to maintain her claim to prompt dower.
of Hence, the answer is A.
Q115. Text Solution:
Topic - Muslim Law
Sub topic - Mehr
Explanation: The passage distinguishes
between mahr and dowry, stating that mahr
ensures women's financial security under Islamic
law, while dowry is considered a social evil
under the Dowry Prohibition Act, 1961.
Other Options:
(a) The Dowry Prohibition Act, 1961, considers
the
both mahr and dowry as social evils: This is
incorrect, as the passage differentiates
between mahr and dowry.
(b) The Act does not distinguish between mahr
and dowry, treating them as interchangeable
terms: This is incorrect, as the passage clearly
distinguishes between mahr and dowry.
(d) Both mahr and dowry are considered legally
binding financial obligations: This is incorrect,
as the passage emphasizes that mahr ensures
financial security for women, while dowry is
condemned as a social evil.
Hence, the answer is C.
Q116. Text Solution:
Topic - Muslim Law
Sub topic - Mehr
Explanation: In Islamic law, a specified deferred
dower is a legally binding obligation, and the
wife (Aisha) has the right to seek legal action to
enforce the payment.
Incorrect Option (a): Aisha has no legal recourse
since mehr is not legally binding.
Explanation: Mehr is legally binding in Islamic
law, and the wife has the right to seek legal
action to enforce the payment. This option is
incorrect as it misrepresents the legal status of
mehr.
Incorrect Option (c): Aisha must forfeit her right
to mehr as it was agreed upon at the time of
divorce.
Explanation: The wife does not forfeit her right
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to mehr in the event of divorce. Mehr remains a Incorrect Option (a): Ali is exempt from paying
legally binding obligation, and the wife can prompt dower due to financial difficulties.
seek legal action to enforce it. Explanation: Financial difficulties do not
Incorrect Option (d): Aisha can only seek legal automatically exempt the husband from
recourse if the deferred dower was unspecified. fulfilling the prompt dower obligation. This
Explanation: The legal recourse is available option misrepresents the legal implications of
regardless of whether the deferred dower was financial difficulties.
specified or unspecified. Both types of deferred Incorrect Option (c): Ali is not legally bound to
dower are legally binding, and the wife can fulfill the prompt dower obligation as it was
seek enforcement. agreed upon during the marriage. Explanation:
Hence, the answer is B. The prompt dower obligation remains legally

Q117. Text Solution: binding, even if financial difficulties arise. This

option inaccurately suggests that the legal
Topic - Muslim Law
obligation is nullified.
Sub topic - Mehr
Incorrect Option (d): Ali must seek court
Explanation: The principle of mu’akhar refers to
approval to be exempt from the prompt dower
a deferred dower agreed upon to be paid at a
obligation. Explanation: Court approval is not
later time, providing encouragement to the
necessarily required for fulfilling the prompt
husband to fulfill obligations towards his wife
dower. This option introduces a requirement
and children.
that is not present in the context of prompt
Incorrect Option (a): The principle of prompt
dower.
dower. Explanation: The passage does not
Hence, the answer is B.
discuss the principle of prompt dower; it focuses
on the preference for an unspecified deferred Q119. Text Solution:
dower. This option misrepresents the principle Topic - Muslim Law
being referred to. Sub topic - Mehr
Incorrect Option (b): The principle of financial Explanation: A mu’akhar agreed upon after the
independence. Explanation: While financial birth of a child is a legally binding obligation,
independence is mentioned in the passage, it is and Saira can seek legal action to enforce
not the primary consideration for preferring an payment.
unspecified deferred dower. The correct Incorrect Option (a): Saira has no legal
principle is mu’akhar. recourse as the mu’akhar is not enforceable.
Incorrect Option (c): The principle of deferred Explanation: Mu’akhar agreed upon after the
dower. Explanation: This option is too broad birth of a child is legally enforceable, and the
and does not specifically address the wife can seek legal action to enforce payment.
preference for an unspecified deferred dower, This option misrepresents the legal status of
which is the focus of the question. mu’akhar.
Hence, the answer is D. Incorrect Option (c): Saira must forfeit her right
to mu’akhar since it is a deferred dower.
Q118. Text Solution:
Explanation: The wife does not forfeit her right
Topic - Muslim Law
to mu’akhar, and it remains a legally binding
Sub topic - Mehr
obligation. This option inaccurately suggests
Explanation: Financial difficulties do not
forfeiture.
automatically exempt the husband (Ali) from
Incorrect Option (d): Saira can only seek legal
fulfilling the prompt dower obligation.
recourse if the mu’akhar was specified.

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Explanation: Legal recourse is available for circumstances. This option misrepresents the
both specified and unspecified mu’akhar. This legal obligations of Nasir.
option misrepresents the legal conditions for Incorrect Option (c): Nasir must pay the full
seeking recourse. deferred dower immediately, regardless of the
Hence, the answer is B. divorce circumstances. Explanation: Nasir is
bound by the terms of the deferred dower as
Q120. Text Solution:
agreed upon in the marriage contract. This
Topic - Muslim Law
option introduces a requirement not specified in
Sub topic - Mehr
the passage.
Explanation: Nasir is legally obligated to fulfill
Incorrect Option (d): Nasir has the option to
the terms of the deferred dower as agreed
negotiate a new arrangement for the payment
upon in the marriage contract, even if the wife
of the deferred dower with Mariam.
initiates the divorce.
Explanation: The terms of the deferred dower
Incorrect Option (b): Nasir can refuse to pay
are legally binding, and Nasir cannot
the deferred dower, citing Mariam's initiation of
unilaterally change them. This option
the divorce. Explanation: Nasir is legally
misrepresents the legal options available to
obligated to fulfill the terms of the deferred
Nasir.
dower as agreed upon in the marriage
Hence, the answer is A.
contract, regardless of the divorce

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