Monday, May 27, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

SUBJECT WISE MCQ

RIGHT TO SET UP A MATRIMONIAL HOME AND PRESUMUPTION OF MARRIAGE UNDER SECTION 114A

  1. Who can establish matrimonial home:
    (A) Wife
    (B) Husband
    (C) It depends upon the financial capacity to establish matrimonial home
    (D) Both (A) and (B)
    (E) Only (C)
  2. Which of the following relates to ‘matrimonial home’ case?
    (A) Kailashwati v. Ayodhya Prasad
    (B) Shanti Nigam v. Ramesh Nigam
    (C) Swaraj Garg v. K. M. Garg
    (D) All of the above
    (E) None of these
  3. In which of the following cases it was decided that matrimonial rights will prevail over the fundamental rights
    (A) Kailashwati v. Ayodhya Prasad
    (B) Shanti Nigam v. Ramesh Nigam
    (C) Swaraj Garg v. K. M. Garg
    (D) Tirath Kaur v. Kirpal Singh
    (E) Both (A) and (D)
  4. In which of the following cases, the Delhi High Court held that Fundamental rights will prevail over the Matrimonial rights
    (A) Kailashwati v. Ayodhya Prasad
    (B) Shanti Nigam v. Ramesh Nigam
    (C) Swaraj Garg v. K. M. Garg
    (D) Tirath Kaur v. Kirpal Singh
    (E) None of these
  5. The presumption of marriage by continuous cohabitation between the parties will apply in the case of:
    (A) Bigamy
    (B) Restitution of Conjugal Rights
    (C) If there are contrary circumstances
    (D) All of the above
    (E) None of the above
  6. What will be the presumption of marriage under sec. 114 IEA where no independent evidence of solemnisation of marriage is available
    (A) It will presumed to be a valid marriage by continuous cohabitation between the parties
    (B) It will presumed to be a valid marriage by continuous cohabitation between the parties unless the contrary is proved.
    (C) It will presumed to be a void marriage
    (D) It will presumed that there is no marriage at all.
  7. Section 114 of Indian Evidence Act provides for
    (A) Presumption of facts
    (B) Rebuttable presumptions of law
    (C) Irrebuttable presumption of law
    (D) Presumption of fact and law both.
  8. Which of the following section of Indian Evidence Act provided for the presumption of the validity of the marriage
    (A) Section 112
    (B) Section 113
    (C) Section 114
    (D) Section 114A
    (E) Section 115
  9. Mark the correct statement:
    I. The wife’s refusal to resign the job will not amount to withdrawal from the society of husband
    II. As long as the wife doesn’t refuse to cohabit with husband or doesn’t deny access to him whenever she visits him or he visits her, the mere fact that she is herself working at a different place, even contrary to wishes of husband, will not furnish a ground for restitution of conjugal rights.
    III. If the circumstances are equally balanced in favour of wife and husband, then there would be a stalemate and neither of them would be able to sue the other for restitution of conjugal rights. In such a case, there is a breakdown of marriage.

    (A) I and II
    (B) II and III
    (C) I and III
    (D) I, II and III
    (E) None of the above

ANSWER 1. (E) 2. (D) 3. (E) 4. (C) 5. (E) 6. (B) 7. (A) 8. (C) 9. (D)

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