Adoption: Maintenance Act, 1956, Adoption Is A Religious Institution (A)
Adoption: Maintenance Act, 1956, Adoption Is A Religious Institution (A)
                                                                                                                    is
     (d)          has a right which is co-extensive with           295. Adoption by a male Hinduwho is a mínor
                  the right of the mother of the child to               (a) valid
           give in adoption.                                            (b) voidable
                                                                        (c) void ab-initio
289. In giving a child in adoption by the father,                       (d) validated by ratification.
     the requirement of the consent of the                                                           of section 9(2) of
     mother, can be dispensed with if                              296. Mother within the meaningMaintenance      Act
                                                                          the Hindu Adoption &
     (a) the mother has finally & completely                              refers to
                  renounced the world
                                                                                 the natural mother
                  the mother has ceased to be a Hindu                     (a)
     (b)                                                                  (b)    the step-mother
     (c)          the mother has been declared to be of                          both (a) and (b)
                  unsound      mind     by    the   court     of          (c)
                                                                        (d)      either (a) or (b).
                  competent jurisdiction                                                                 Maintenance   Act
                                                                                               and
     (d) either (a) or (b) or (c).                                 297. The Hindu Adoption
                                           child                        bars the giving in adoption
290. The mother has the capacity to give a                              (a) the only son
     in adoption, if the father of the child                              (b)    the only daughter
     (a) is dead              Hindu                                       (c) both (a) and (b)
      (b)         has ceased to be a                                          neither (a) nor (b).
                  has finally &completely agreed                          (d)
      (c)                                                                                         Hindu Adoption &
                  either (a) or (b) or (c).                        298. Section 10 of the provides for
      (d)                                                               Maintenance Act, 1956
                           can give the child in                                                   giving in adoption
291. A guardian of a child                                              (a) persons capable of
      adoption, if                                                            persons capable of
                                                                                                       being taken in
                         the child is dead
                                                                          (b)
      (a) the father of the child is dead                                        adoption                   complied
      (b) the mother
                        of
                                                                          (c)    conditions which are to be
                                  mother of the child
           both  the father & the                                                with in every adoption
      (c)
                   are dead                                                 effects of adoption.
                                                                          (d)
                   either (a) or (b).                                                             cannot be given
       (d)
                                                the child in       299. Who amongst the following
 292. A      guardian       of a child can give                           and taken in adoption
                                                                                                   anddumb
      adoption                                                            (a) a person who is deaf
                          any one's permission                                                          any defect,
      (a) without seeking                 of the
                                     permission                           (b) a person suffering from
       (b)         with the previous                                             disease or deformity
                                                                                                      mind
                    court                       permission                (c)    a person of unsound
       (c)          with or without seeking the                           (d)    none of the above.
                    of the court
                                            distant relative       300.   Under the Hindu law
                    with the consent of the
           (d)      of the child.                                         (a)    a person can be given in adoption only
                             can give the child in
                                                                                 once
  293. A guardian of a child                                              (b)    there can be a second adoption of the
           adoption
                                                                                 same person
           (a)to anyone including himself                                        there can be a reversion of the adopted
           (b)to anyone excluding himself                                 (c)
              to anyone excluding himself & his                                   person to the natural parents
           (c)
               family                                                     (d)      allthe above.
        (d) either (a)or (c) and not (a).                          301. Section         10    of      Hindu   Adoptions      &
   294. Where achild is given in adoption by the                          Maintenance Act prohibits adoption of
        father without the consent of the mother,                         (a)     a married boy or girl
        such adoption is                                                  (b)     a boy or girl who has not completed the
            (a)     valid
            (b)     void                                                          age of 10 years
           (c)      voidable at the instance of the mother
                                                                           (c)    a boy or girl who has not completed the
           (d)      voidable at the instance of the father.                       age of 7 years
                                                                           (d)     allthe above.
                                                                                             Examination
                                                                                   Service
                                                          Ouestions   tor Iudicial                                              for
    448                                 Multiple Choice                                                         or female Hindu
                                                                                                           male
                                                                                           not a   bar toa
                                                                                   (d)               adoption.
    302. Section 10 clause (iv) of the Hindu                                          taking ason by      following is not
                                                                                                                           a
         Adoption & Maintenance Act prohibits                                                whom of the
                                                                                Existence of                 male or female
                                                                           308.
                adoption of                                                         to the right of a Hindu
                                                                                bar
                (a)   a boy or girl who has completed the                       taking a son in
                                                                                                adoption
                         age of seven years
                                                                                (a) daughter
                (b)     a boy or girl who has completed the                        (b)     son's daughter
                        age of ten years                                                   adopted daughter
                (c)      aboy or girl who has completed the                        (c)     all the above.
                                                                                   (d)                             Hindu
                        age of twelve years
                                                                                         male or female, under the
                (d)     a boy or girl who has completed the                309. A  Hindu
                                                                                             Maintenance Act can
                                                                                                                 have
                        age of fifteen years.                                   Adoption and
                                                                                           an adopted daughter
   303.         A married boy or girl or a boy or girl who                         (a)
                                                                                   (b)     an adopted son
                has completed the age of fifteen years can                                                   daughter and an
                be adopted                                                         (c)     both an adopted
               (a)      generally                                                          adopted son
                                                                                                              daughter or an
               (b)      with the prior permission of the court                     (d)     either an adopted
               (c)      if the usage or custom permits such an                             adopted son.
                                                                                                         contingencies, the
                        adoption                                           310. In which of the following right to give the
               (d)      either (b) or (c).                                      guardian of a child has a
    304. Requisites and conditions of                         a   valid            child in adoption
               adoption have been laid down in                                     (a)     where both the parents have finally
                                                                                                                         world
               (a) sections 6 and 11 of the Hindu                                          and comnpletely renounced the
                        Adoptions & Maintenance Act, 1956                          (b)     where both the parents have been
               (b)      sections    6   and   10   of   the       Hindu                    declared of unsound mind by the court
                        Adoptions & Maintenance Act, 1956                                  of competent jurisdiction
               (c)     sections     7   and   8    of   the       Hindu             (c)    where the parents have abandoned the
                        Adoptions& Maintenance Act, 1956                                    child
                       sections     9   and   10   of   the       Hindu                     all the above.
           (d)                                                                   (d)
                  Adoptions& Maintenance Act, 1956.
                                                                            311. The mother of an illegitimate child has the
  305.     In case of adoption of a son, the adoptive                               power to give the child in adoption
           father or mother must not have a living                                  (a)      only with the consent of putative father
           (a)         Son                                                          (b)      without the consent of the putative
       (b) son's son                                                                         father
       (c) son's son's son                                                          (c)      with the prior permission of the court
       (d) any of the (a), (b) and (c).                                             (d)      without the consent of the putative
 306. A person who has an adopted son living                                                 father but with the prior permission of
                                                                                             the court.
      (a) can adopt another son
      (b) cannot adopt another son                                          312. Amongst the following who cannot be
                                    with the consent                                taken or given in adoption
      (c) can adopt another son
                      of the adopted son                                            (a) orphans
                                          the prior                                          foundling
           can adopt another son with
          (d)
                                                                                    (b)
           permission of the court.                                                 (c)      abandoned child
                     illegitimate son is
                                                                                    (d)      none of the above.
307. Existence of an                taking ason by                          313.     Under         the    Hindu     Adoptions    and
     (a)    abar to a male Hindu                                                     Maintenance Act, 1956 adoption of
                      adoption
                                        Hindu taking a son by                        (a)     only one son and daughter is permitted
         (b)          a bar to a female                                              (b)     only one son and two daughter is
                      adoption                and a               female                     permitted
                               both to a male
                      a bar to                                                       (c)     two Sons        and   two daughter is
         (c)
                      Hindu for taking a
                                        son by adoption                                      permitted
                                                       Hindu Laws
                                                                                                                 449
        (d)        any number of sons and any
                                              number of             (c)  less than eighteen years of age
                   daughter is permitted.
                                                                    (d)  less that twenty one years of age.
314.    Existence of whom of the following is a bar
         tothe adoption of a daughter by a Hindu              321. Adoption of adaughter by a Hindu male,
        (a) an adopted daughter                                    where the adoptive father is less than 21
        (b) an adopted daughter of a son                           years older than the adopted daughter, the
        (c)        both (a) and (b)                                 adoption shallbe
            either (a)or (b).                                       (a)    valid
        (d)                                                         (b)    voidable at the instance of the adopted
 315. Existence of an illegitimate daughter is a                           daughter
      bar for adoption of                                           (c)    voidable at the instance of the natural
      (a)    adaughter by a Hindu male                                     parents of the adopted daughter
     (b) a daughter by a Hindu female                               (d)    void/invalid.
     (c) neither (a) nor (b)                                  322. Adoption of a son by a Hindufemale where
     (d) both (a) and (b).                                         the adoptive mother is not twenty one years
316. Existence of whom of the following is nota                     older than the, adopted son, such an
     bar to the adoption of a daughter by a                         adoption shall be
         Hindu                                                      (a) valid
     (a) a son                                                      (b) voidable
     (b) a grandson                                                 (c) void/invalid
     (c) a great grandson                                           (d) voidable but can be validated by the
                                                                           COurt.
     (d) all the above.
                                                              323. The expression 'child' in section 11 of the
317. In case of adoption of a daughter by a male                    Hindu Adoptions and Maintenance Act
      Hindu, the daughter must be at least                                 refers to a minor less than fifteen years
                                                                    (a)
      (a) eighteen years younger than the                                  of age
           adoptive father                                          (b)    refers to a minor less than eighteen
      (b) twenty one years younger than the                                years of age
           adoptive father                                          (c)    includes a minor as well as major
                                        than the
       (c) sixteen years younger                                    (d)  refers to a minor irrespective of his age
                    adoptive father                                      and nota major.
                                                   adoptive
          (d)       fifteen years younger than the            324. Section 12 of the Hindu Adoption and
                     father.                                       Maintenance Act, 1956, deals with
                            of a son by a Hindu                     (a)    rights of adoptive parents to dispose of
 318. In case of adoption
      male, the son must be                                                their properties
                                     years of age
       (a) less than twenty one                                     (b)    effects of adoption
       (b) less than eighteen years      of age                     (c)    presumptions as to the documents
              less than fifteen years of age
       (c)                                                             relating to adoptions
        (d) less than nine    years of age.
                                                                   (d) cancellation of adoption.
                                      son by a Hindu
  319. In case of adoption of a must be                       325. On valid adoption, the adopted is to be
        female, the adoptive mother                                  deemed to be the child of his or her
                                               one years
         (a) older by more than twenty                               adoptive father or mother
               from the son                                                                           the
                                                  son                (a) with effect from the date of
         (b) older by eighteen years from the                               adoption
          (c)  older by sixteen years  from  the son
                                                                     (b)    with effect of his or her birth as by the
          (d) older by twelve years from the son.                           adoption the child is deemed to be the
       320. If a Hindu female intends to adopt a                            natural child of the adoptive parents
            daughter she can adopt a female child who                (c)    with effect from the date determined by
              is
              (a)     less than sixteen years of age                        the person giving in adoption and the
                                                                            person taking in adoption
              (b)     less than fifteen years of age
450                                                        Judicial Service Examination
                             Multiple Choice Ouestions for
                                                                                                   person  in the family of
        (d)                                                               (d)      can marry   any
              with effect from the date on which the
              child attains majority.                                              his or her adoptive parents.
 326.                                                                                  that might       have vested in the
         Where the child given in adoption is less                   330. Any property       adoption, on adoption
        than five years of age                                            adoptee before the
                                                                                                the adoptee
        (a)   the natural mother cannot claim the                         (a) ceases to vest in              adoptee
                                                                                   continues  to vest in the
              custody of the child at all                                 (b)                             attached      to the
        (b)   the natural mother can claim custody                                 without any obligation
              of the child upto the age of 5 yearS                                 property
        (c)   the natural mother can claim the                            (c)      continues to vest   in the adoptee subject
                                                                                               obligation attached to
                                                                                                                          the
              custody of the child under the Hinu                                  to any
              Minority and Guardianship Act                                        property
        (d)   the natural mother cannot claim the                         (d)                or cessation of property
                                                                                   continuation
              custody of the child generally but                                depends on the terms of adoption.
                                                                                                           given away
              through     the      judicial     process     in       331. If a Mitakshara Co-parcener is
                                                                                                           joint family
           exceptional circumstances.                                     in adoption, his interest in the
327. In case of adoption of a son by a Hindu                              property shall
                                                                                                     adoption
     widow, the adopted son shall be regarded                             (a) cease to exist on his        together with
        as                                                                (b) continue to vest in him
        (a)   the son of widow                                                 any liabilities attached there to
        (b)   the son of the deceased husband of the                       (C  continue to vest in him but without any
                                                                                   liabilities attached thereto
              widow
        (c)   the son of the widow as well as of her                      (d)      vest in him on adoption because the
              deceased husband                                                     adoption shall amount to partition in
     (d) only (a) and not (b).                                                 the joint family.
328. Adoption has the effect of                                      332. The interest in the coparcenary property of
        (a)   removing the adopted child from the                         a Dayabhaga coparcener given in adoption
              natural family into the adoptive family                      shall
              and it does sever the tie of blood in the                    (a)     cease to exist on adoption
              family of birth in the matter of                             (b)     continue to vest in him together with
              marriage                                                             any liabilities attached thereto
        (b)   removing the adopted child fromn the                         (c)     continue to vest in him but without any
                                                                                   liabilation attached thereto
              natural family into the adoptive family
                                               blood in                    (d)      depend upon the agreement between
              but it does not sever the tie of
                                                of                             the giver and taker.
              the family of birth in the matter
              marriage.                                               333. Adoption of a son by a Hindu male
              removing the adopted child
                                         from the                          (a)      results in divesting of an estate vested
        (c)                                      family
               natural family into the adoptive
                                           blood  in the
                                                                                    in any person prior to the adoption
              and it may sever the tie
                                        of                                 (b)      is not to result in divesting of an estate
                                             matter of
              family of birth in the                                                vested in any person prior to              e
              marriage                                                              adoption
              either (a) or (c).                                           (c)      may or may not result in divesting of
        (d)                                                                         any estate vested in any person prior to
329. An adoptee                person whomn he or                                   adoption depending on the agreement
              cannot marry any                the                                   between the parties
        (a)                  have married in
              she could not                                                (d)      may or may not result in divesting of
                         or her birth
              family of his                            family   of                  any estate vested in any person prior tO
                          any person          in the
              can marry                                                             adoption as decided by the court.
        (b)                        generally
              his or her birthperson          in the family
                                                            of        334. An adopted son can challenge
              can   marry any              only     with the               (a) a gift of coparcenery property by the
        (c)         or    her      birth
                                                                                adoptive father
              his
              permission
                            of   the court
                                                               Hindu Laws                                                       451
       (b)      an alienation made by the adoptive                      339. Where a widower or a bachelor adopts a
                father prior to 1956 where the                                child and subsequently moves, the wife to
                alienation was not for legal necessity                        whom he subsequently marries shall be
       (c)      both (a) and (b)                                              (a) the adoptive mother of the child
       (d)      only (b) and not (a).                                         (b) the step-mother of the child
        Under         section 13 of the Hindu          Adoptions              (c) the natural mother of the child
335.                                                                          (d) either (a) or (b).
        and Maintenance Act, 1956, on agreement
       restricting the power of, alienation of                          340. VWhere a widow or an unmarried woman
        property, the adoptive parents is                                      adopts a child and subsequently marries,
        (a)      valid                                                         the husband to whom she subsequently
                                                                               remarries/marries shall be
        (b)      voidable at the instance of the adoptive
                 parents                                                       (a)         the step-father of the child
        (c)       voidable at the instance of the person                       (b)         the adoptive father of the child
                                                                               (c)         the natural father of the child
                     in whose favour the property has ben                                  either (a) or (b).
                     alienated                                                 (d)
                     void.                                              341. Hindu                  & Maintenance Act,
                                                                                              Adoptions
         (d)                                                                                                             of
                                                                               section 14, provides for the relationship
336. Under section 13 of Hindu Adoptions and
     Maintenance Act, 1956, on adoption                                        the adopted child with
                                                                                   (a)     the existing spouse of the adopter
     (a) the adoptive parents are deprived of                                      (b)     the future spouse of the adopter
           their right/power to dispose of their                                           the ex-spouse of the adopter
                                                                                   (c)
           property by transfer intervivos                                         both (a) and (b), and not (c).
                                                                                   (d)
      (b) the adoptive parents are deprivedtheir   of                                                                            to
                                                                                                                 relating
            their rights/power to  dispose  of                           342. Registration of documents
            property by will                                                  adoption is
                                           deprived                                (a)     compulsory
       (c) the adoptive parents are not of their                                   (b)     optional
             of their rights to dispose
                                  inter-vivos or by                                         neither compulsory nor optional
             property by transfer
                                                                                   (c)
                                               to an                                either (a) or (b).
                                                                                   (d)
             will but the same is subject         the                                                               Adoptions   and
             agreement to the contrary
                                        between                          343. Section 16 of Hindu
                                             natural                               Maintenance Act relates to
                        parents and the
                        adoptive
                           parents                                                  (a)     a rebuttable presumption of law
               (d)         both (a) and (b).                                        (b)     an irrebutable presumption of law
                            who has a wife living                                   (c)     a presumption of fact
   337. Where a Hindu                                                                       either (a) or (c).
        adopts a child, the
                            said wife is called                                     (d)
               (a)
                                  of the child
                           the natural mother                             344. Under section 16 of Hindu Adoptions &
                                                of the child
                           the adoptive mother child
                                                                                    Maintenance Act, the presumption is a
               (b)                            the
               (c)         the step mother of                                       regards
                (d)         either (b) or (c).                                      (a) making of reward in consideration of
                                       than one wife and                                     adoption
       338.     Where a Hindu has more
                                            their consent                                    agreement of adoption
                adoption has been made with                                          (b)
                                                                                                                        made in
                 (a)         all of them shall be called the adoptive                (c)     adoption having been
                             mothers   of the child                                          compliance with the provision of the
                 (b)         all of them shall be called the step                             Act
                             mothers of the child                                    (d) all the above.
                  (c)        all of them shall be called the natural
                             mothers of the child
                                                                            345.     The provision for maintenance of a wife
                                                                                     who lives with her husband has been made
                     (d)      the senior most in marriage shall be                   under
                              called the adoptive mother and the                     (a)      section 18(1) of Hindu Adoptions &
                              others shall be called stepmothers of                           Maintenance Act
                              the child.
  452
                                                              Iudicial Service Examination
                                Multiple Choice Ouestions for
                                                                                                     disease
          (b)                                                         (c)    suffering from venereal
                 section 18(2) of Hindu Adoptions &                                            (c).
                 Maintenance Act                                      (d) either (a) or (b)or        Adoptions &
          (c)    section 18(3) of Hindu Adoptions & 352. Section 18(2) of Hindu                                 for
                 Maintenance Act                                       Maintenance      Act, 1956, provides
                                                                                                  maintenance to a
          (d)    all the above.                                       separate residence and
  346. The obligation of the husband to maintain                   wife if the husband
       his wife is                                                 (a)    has any other wife living same house in
         (a)     co-extensive with property                        (b)    keeps a concubine in the
         (b)    a personal obligation                                     which his wife is living
         (c)    both (a) and (b)                                  (c)     either (a) or (b)
         (d)  either (a) or (b).                                  (d)     only (b) and not (a).
                                                                                          following cases the
  347. The contngencies in which the wife is                 353. In which among the              that    "the
       entitled to live separately and entitled to                Supreme      Court      held
                                                                  generalisation is that in case of custody
                                                                                                            of
         maintenance from her husband, have been
                                                                                                preferred than
         provided under                                           child, the mother is to be
         (a) section 18(3) of Hindu Adoptions &                    father" is not correct
              Maintenance Act, 1956                                (a)    Kumar V. Jahgirdar v. Chettana Ramtirth,
         (b) section 18(1) of Hindu Adoptions &                           AIR 2004 SC1525
                Maintenance Act, 1956                              (b)    Channan Kumar v. Parhar Singh, AIR
         (c)    section 18(2) of Hindu Adoptions &                        2004 SC 1525
          Maintenance Act, 1956                                    (c)    Dasarathi Nayak v. Choula Mandal, AIR
      (d) both (a) and (c) above.                                         2004 SC 1525
 348. A Hindu wife is not entitled to separate                    (d) Dandapani v. Prema, AIR 2004 SC 1525.
         residence and maintenance            from   her     354. Under the Hindu Adoptions & Maintenance
         husband if she is                                         Act,   the    obligation        to        maintain   an
   (a)             charge over the               self acquired         384. One person is said to be an agnate of
                property of a Hindu                                         another if
   () a charge over the joint-family property                               (a)         two are related by blood or adoption
                of a Hindu
                                                                                        wholly through males
   (c)          a charge over both self acquired and                        (b)         two are related by blood or adoption
                the joint family property                                               but not wholly through males
    (d)         not a charge over the property of a                         (c)         two are related by blood or adoption
                Hindu unless specifically created.                                      wholly through females
79, A charge over the property of a Hindu, for                              (d)         two are related by blood or adoption
    the claim of dependants for maintenance                                             but not wholly through females.
    can be created by                                                  385. 'Agnate' has been defined under
    (a) the will                                                            (a) section 3(d) of Hindu Succession Act
    (b)    adecree of court                                                  (b section 3(b) of Hindu Succession Act
     (c)            agreement between the dependant and                     (c) section 3(a) of Hindu Succession Act
                    the owner                                                (d)        section 3(e) of Hindu Succession Act.
                    either (a) or (b)or (c).                           386. Section 3(c)             of Hindu   Succession      Act
     (d)
                                                                            defines
380. The right to maintenance, on transfer of
     property is defeated if                                                (a)   agnate
                                               consideration and             (b)        cognate
     (a) the transfer is for                                                            full blood
                     without notice of the right                             (c)
                                                                             (d)        halfblood.
         (b)          the trarnsfer is consideration but with
                      notice of the right                              387. Cognate - A person is said to be a cognate
                                                                             of another if
          (c)         the transfer is gratuitous                                                                         blood
           the transfer is without
                                       consideration                         (a)        two are related to each other by
          (d)                                                                                                       males
                                                                                        or adoption wholly through by blood
            and without notice of the right.                                            two are related to each other
                      Vallattom v. Union of India,
                                                                             (b)
 381. In case of John                 discussed the                                     or adoption wholly through females
      (2003), the Supreme Court of the Indian                                (c)        two are related to each other by blood
      constitutionality of section
                                   118
                               the light of                                             or adoption but not wholly through
                  Act, 1925
           Succession       in                                                          males
                                                    1956
           (a)            Hindu Succession Act,                               (d) both (a) and (b).
                                                      1882
                b         Transfer of Property Act, Maintenance         388. Under the Mitakshara school, the joint
                           Hindu Adoptions     and
            (c)
                           Act, 1956
                                                                              family property devolves by
                                                Property Act,                 (a) succession
               (d)         Hindu Disposition of                               (b) survivorship
                           1916.                                               (c) both (a) and (b)
                          Succession Act,       1956 extends to
   382.         The Hindu                     except the State of              (d) either (a) or (b).
                           the whole of India
                (a)        Jammu and Kashmir                             389. The mode of devolution bysurvivorship in
                            the whole of India except
                                                      the north                respect of Mitakshara joint family property,
                                                                                                                          Hindu
                (b)                                                           has been retained under               the
                            eastern States
                                                               State          Succession Act, 1956 under
                 (c)        the whole of India including the                             section 3
                            of Jammu and Kashmir                              (a)
                    (d)      the whole of India including the north           (b)        section 4
                             eastern States.                                  (c)        section5