Family Justice System Test 1

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Family Justice System Test 1

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Weekly Quiz Competition

Question 1
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Principle The court has power to issue an injunction to prohibit a child marriage from being performed.
Factual Situation A marriage is performed between A and B. A is of 14 years of age and B of 17 years of age. X is a public spirited person filed a suit to declare the said marriage void. 15 the suit maintainable?
Decision

A
No, because court has power to issue injunction and not to declare the marriage as valid and void

B
No, because the marriage is performed with the consent of their parents

C
Yes, because the policy of the law is to prevent the child marriages

D
None of the above

Solution

As per section 13 of the Prohibition of Child Marriage Act, 2006, if a Judicial
Magistrate of the First Class or a Metropolitan Magistrate is satisfied that a child marriage in contravention of this Act has been arranged or is about to be solemnized, such Magistrate shall issue an injunction against any person including a member of an organisation or an association of persons prohibiting such marriage.
In this case, A and B were getting married while they were children as per the definition under the act, and hence, it was a contravention of the provisions of the act and hence, the suit filed by X is maintainable and the court in this case has the power issue an interim injunction to invalidate the marriage.
Question 2
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This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.
(Questions 66-69):
Rules:
A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
B. If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
Facts:
Khaleeda wants to sell a plot of land she owns in Begbmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for sixty lakh rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
As a judge you would decide in favour of

A
Gurpreet because when the price was agreed upon, Khaleeda did not inform her about removing the carpet.

B
Gurpreet because the carpet was integral to the Door of the bedroom and therefore attached to the building that was sold.

C
Khaleeda because a fully-furnished house does not entail the buyer to everything in the house.

D
Khaleeda because by virtue of being a carpet it was never permanently fixed to the floor of the building. Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was pan of Khaleeda's ancestral home in Nagercoil, Tamil Nadu for more than 150 years before she had it fitted as the entrance to

her Baghmara house.

Solution

Yes, Gurpreet will succeed because as mentioned in the Principle B, a moveable thing which is attached to the land or any building on the land, is a 'fixture', and the expensive Iranian carpet even after being a movable thing was used to cover the entire wooden floor of one of the bedrooms, and hence, was a fixture. By the virtue of Principle A, which asserts that when land is sold, all 'fixtures' on the land are also deemed to have been sold; the carpet was sold to Gurpreet and now, Khaleeda cannot take it away.
Question 3
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Which of the following is/are the power/s of family court?

A
The family court has the power to make their own procedure

B
They are not required to record the oral statement of the witness at length

C
The appeal from family courts lies directly to the High Court

D
All of these

Solution

Main goal of establishment of family courts is for secure and speed settlement of disputes relating to marriage and family affairs. Matters like divorce, separation, maintenance, custody of children are usually dealt in family courts. Powers of family court include: they can make their own procedure for settling a case, they are not required to record the oral statement of the witness at length and appeal from family courts lies directly to the High Court.
Question 4
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Judge of the family court is appointed by ___________.

A
Supreme Court

B
State government

C
Chief Justice of India

D
President of India

Solution

Main goal of establishment of family courts is for secure and speed settlement of disputes relating to marriage and family affairs. Matters like divorce, separation, maintenance, custody of children are usually dealt in family courts. Judge of the family court is appointed by State government.
Question 5
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The appealing to the high court can be made in how many days after passing the judgment of family court _________.

A
20 days

B
14 days

C
30 days

D
45 days

Solution

Main goal of establishment of family courts is for secure and speed settlement of disputes relating to marriage and family affairs. Appeal from family courts lies directly to the High Court. The appeal to high court after passing the judgement of family court can be made in 30 days.
Question 6
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Family Courts Act was enacted in which of the following years?

A
1985

B
1984

C
1986

D
1983

Solution

Family Courts Act was enacted in the year 1984 on 14^th September. The main goal of this act was to establish family courts for secure and speedy settlement of disputes relating to marriage and family affairs.
Question 7
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Which of the following year did the government of India initiate the comprehensive family planning programme?

A
1950

B
1952

C
1953

D
1951

Solution

The comprehensive family planning programme (also known as National Programme for Family Planning) was initiated by government of India in 1952. In the whole world, India was the first country to take this historic initiative of such a programme nationwide. The main aim of this programme was to lower the population growth rate. Hence the correct answer is B.
Question 8
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Joint heirs to a property are called ____________.

A
co-heirs

B
coparceners

C
successors

D
joint owners

Solution

Joint heirs to a property are called as Coparceners. They share equal rights and liabilities over the property. The coparceners jointly inherit the property and they have unity of possession and community of interest in joint family property. Hence the correct answer is B.
Question 9
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Which among the following countries was the first in the world to officially sponsor family planning programmes to control population?

A
China

B
Venezuela

C
India

D
Myanmar

Solution

India was the first country to officially sponsor family programme to control the population. The programme was named as National Family Planning programme which was launched in the year 1952. Being the second most populous country in the world, India took this important step mainly to lower the fertility rate & also to decrease the population growth along with the aim to increase the health indicators. Hence the correct answer is C.
Question 10
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Requisites to be a judge of family court ____________.

A
Has for at least seven years held a judicial office in India

B
Has for at least seven years been an advocate of a High Court

C
Both A and B

D
None of these

Solution

Matters like divorce, separation, maintenance, custody of children are usually dealt in family courts. Judge of the family court is appointed by State government. The necessary conditions that are to be met by a person to be the judge of family courts include: he should have at least seven years in judicial office in India or should have worked as an advocate of a high court for seven years.

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Family Justice System Test 1

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Question 1

No, because court has power to issue injunction and not to declare the marriage as valid and void

No, because the marriage is performed with the consent of their parents

Yes, because the policy of the law is to prevent the child marriages

None of the above

Solution

Question 2

Gurpreet because when the price was agreed upon, Khaleeda did not inform her about removing the carpet.

Gurpreet because the carpet was integral to the Door of the bedroom and therefore attached to the building that was sold.

Khaleeda because a fully-furnished house does not entail the buyer to everything in the house.

Solution

Question 3

The family court has the power to make their own procedure

They are not required to record the oral statement of the witness at length

The appeal from family courts lies directly to the High Court

All of these

Solution

Question 4

Supreme Court

State government

Chief Justice of India

President of India

Solution

Question 5

20 days

14 days

30 days

45 days

Solution

Question 6

1985

1984

1986

1983

Solution

Question 7

1950

1952

1953

1951

Solution

Question 8

co-heirs

coparceners

successors

joint owners

Solution

Question 9

China

Venezuela

India

Myanmar

Solution

Question 10

Has for at least seven years held a judicial office in India

Has for at least seven years been an advocate of a High Court

Both A and B

None of these

Solution

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