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Hindu Adoptions and Maintenance Act 1956, , Date : 15/01/2022, , 1. Under the Hindu Adoptions and Maintenance, Act, 1956 (H.A.M.A.) the ceremony required is, (a) Datta humam., , (b) giving and taking., (c) Both (a) and (b)., (d) None of the above., , v, , Mark the incorrect statemet:, , i, Under H.A.M.A. adoption has been, retained as a ‘private’ act., , ii. Under H.A.M.A., no order of the court is, necessary except when guardian gives the, child in doption,, , iii. The H.A.M.A.applies to any person who is, ‘Hindu’ under the Hindu Marriage Act., , iv. An adoption once made under the Act is not, final and irrevocable, i.e. it can be cancelled, by the adopter, natural parents, and adopted, child., , Codes:, , (a) None except i., , (b) None except ii., , {c) None except iii,, , (d) None except iv., , 3. If the doption is not made in accordance with, the H.A.M.A, the doption shall be, (a) Void., (b) Voidable, (c) Invalid,, (d) None of the above., , 4. A married male can dopt, i. Only with his wife's consent., ii. Only with his wife's consent, when she is, living with him., ii. If he has more than one wife, consent of all, the wives is necessary., iv. If marriage is void, the wife's consent si not, necessary., vy, In the case of voidable marriage, the wife's, consent is necessary., Codes:, (a) i, iii, iv and v., v and v., . and iv,, , , , , , , 5. A married woman, i, Totally lacks capacity to adopt, , LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342, , Time : 30 min, , ii. Can dopt with her husband's consent., , iii, Can adopt a child, if the other spouse has, ceased to be a Hindu by conversion to other, religion, or has renounced the world or has, , been declared by a court to be of unsound, mind., , Code:, , (a) iand ii, , (b) it and iii, , (c) iand ii, , (d) All of the above,, , . Hind can adopt a male child if the adopte has, , (a) No Hindu son, son's son or son's son's son., , (b) No legitimate Hindu son, son’s son or son's, son's son., , (c) No adopted Hindu son, son's son or son's, son's son., , (d) No legitimate or adopted Hindu son, son's, , son or son's son's son., , . When a child of opposite sex is proposed to be, , adopted, then adopter must be senior to it by at, least, , (a) 18 years., , (b) 21 years., , (c) 16 years., , (d) 14 years., , . Mark the incorrect statement:, , (a) No person except the Hindu father or mothe, or the guardian of a child shall've the, capacity to give the child in adoption., , (b) So long as the father is alive, he alone can, live he child in adoption with the consent of, the mother., , (c) If there is a divorce, the consent of the, mother can be dispensed with., , (d) After the death of the parents, or if alive,, they've renounced the world or have been, judicially declared to be of unsound mind,, or have abandoned the child, ar where the, parentage of the child is unknown,, child’sguardian may give the child in, adoption with he prior permission of the, court., , . The court will not accord permission to adopt., , (a) If the proposed adoption is not for the, , Page 1

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welfare of the child,, , (b) If no payment or reward has been, received in consideration of the adoption, except suchas the court may sanction., , (c) Both (a) and (b), , (d) None of the above., , 10. Mark the incorrect statement:, , (a) The Act does not lay down any, requirementof domicile or nationality., , (b) A parent who is a Hindu can give a Hindu, child to any person if he is a Hindu,, irrespective of the fact whether he is an, Indian national or alien, or domiciled in, India or abroad., , (c) The residence of the child in India is, necessary., , (d) The residence of the child in India is, hevessary in cases where the court grants an, adoption order; in such cases the child, should be ordinarily resident within the, court's jurisdiction., , 11. The adopted child., , i. Must be a Hindu., , ii, If the child is taken from an orphanage, it, has to be seen whether the child is brought, up as a Hindu., , iii. Must be below 15 years in age., , iv. ot be a married child (unless a custom, permits so),, , v. Must not be ‘adopted’,, , vi. Must not be lunatic or illegitimate, , Codes:, , (a) i, ii, iii and iv., , (b) i, ii, iii and vi., , (c) All except v and vi,, , (d) All except vi., , 12. Mark the incorrect statement:, , (a) From the date of adoption, all ties of the, child with the natural family are severed, and replaced by those created by the, adoption in the adoptive family., , (b) An adopted child can marry any female in, its natural family whom he couldn't have, married before its adoption., , (c) Any property, which vested in the adopted, child before the adoption, shall continue to, vest in such person subject to the, obligations, if any, including the obligation, to maintain relatives in the family of his, birth., , 13., , \4., , 15., , 16., , LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342, , (d) Where a widower or a bachelor adopts a, child, any wife whom he subsequently, marries shall be deemed to be the, stepmother of the adoptive child., , Which of the follwing adoptions is valid under, , HAMA?, , (a) A, a Hindu male adopted S, aged 10 years, in 1986 Si, a son was born to his wife in, , 1987. A cancelled the adoption of S in 1988, and informed him that he is no more to be, , known ot be his son, S; died in 1989. A, adopted S2 in 1990., , (a) S, aged 12 years was the only son of his, Hindu parents, both of whom died in a road, accident, A Christian Missionary brought, up S. A Hindu couple adopts S from the, Missionary., , (b) Alber, a citizen of U.S.A. adopts an, abandoned child who is being brought up in, an orphanage in India., , (c) Kamini, a Hindu widow aged 23 years,, adopts her brother's daughter aged 2 '/, years., , A female of 21 years wants to adopt a boy/girl., , She can do so, (a) If she is unmarried., , (b) If she is married, with the consent of her, husband., , (c) both (a) and (bh)., , (d) She cannot adopt a child., , A Hindu couple adopts a Muslim child., , (a) The adoption is void., , (b) They can adopt only after conversion to, Islam., , (c) The adoption is valid., , (d) None of the above., , Mohan and Anita was a childless couple. in, , 1990 Mohan took in adoption his brother's son, , Deepak. In 1994, a son was born to the couple., , Mohan wants to give Deepak back to his, , brother. Can he do so?, , (a) No., , (b) Yes., , (c) Yes, if Deepak himself wants to retum to, his family of birth., , (d) none of th above., , - Which of the following adoptions is valid under, , HAMA?, (a) HW, a Hindu widow aged 28 years,, , Page 2

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adopted B, a boy aged 14 years as her son, against the wishes of her father in law., , (b) H and W (Hindu husband and wife) had a, son S. Later on H obtained a decree of, divorce against W on the ground of, cruelly, but the custody of S was given to, W. H adopts another son S;., , (c) HW, a Hindu widow, adopted AS aged 10, years as her son in March 1994. S, a son, was born to her in June 1994., , (d) HW, a Hindu woman, whose husband's, whereabouts are not known for the last two, years, adopted S, aged 5 years, as her, son., , 18. Which of the following adoptions is valid under, , HAMA?, , (a) Ram, an orthodox Hindu, had a son by, name Shyam, who died in an accident. Two, months later Ram adopted a hoy named, Laxman. But at that time the widow, daughter in law or Ram was pregnant and, subsequently, she gave birth to a son., , (b) Anant Ram, a Hindu adopts a boy from an, orphanage when his only son married a, Muslim girl under the Special Marriage, Act, 1954., , (c) Rahul married a widowed girl Shobha in, 1994. Shobha had a son Prateek aged 2, years from her deceased husband. Rabul, adopts Prateck., , (d) Both (a) and (b), , 19. Shanker, a bachelor adopted a girl child called, Guddu. Subsequently the married Seem. Point, out the relationship of Guddu and Seema, according to the Hindu Adoptions and, Maintenance Act, 1956., , (a) Seema will be deemed to be the stepmother, of Guddu., , (b) Seema will he deemed to be the mother of, Guddu., , (c) Seema will be deemed to be the adoptive, mother of Guddu., , (d) None of the above., , 20. Under Hindu law, there are different types of, provisions regarding maintenance to a wife or, husband., , (a) While under the Hindu Marriage Act, either, spouse can seek maintanance; under the, Cr.P.C, and H.A.M.A., only the wife can, claim mantenance., , 21., , 22., , 23., , 24., , LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342, , (b) While under the Hindu Marriage Act and, H.A.M.A., either spouse can seek, maintenance; under the Cr.P.C, only the, wife can claim mainenance., , (c) Either spouse can seek maintenance under, the Hindu Mrriage Act, H.A.M.A. and, cP., , (d) None of the above., , Under Se. 24 of H.M. Act, an order for, mainenancemay be made by the court for, , maintenance pendente lite (interim or, temporary). and expenses of the proceedings., Expenses for proceedings under Sec, 24, include, , (a) Expenses for proceedings under Sec, 24,, (b) Expenses for proceedings under Sec. 25.\,, (c) Both (a) and (b)., , (d) None of the above., , To claim mainenance under Sec. 24 of H.M., , Act, what is required is:, , (a) The claimant shoukd establish that he/ she, no independent income sufficient for, his/her maintenance and support., , (b) Applicant's good conduct., , (c) Both (a) and (b), , (d) None of the above., , W, a Hindu woman, files a petition for judicial, , separation against her husband H and applies, , for maintenance pendente lite and expenses of, , proceedings under Sec. 24 of the Hindu, , Marriage Act. Hf contends that no marriage had, , taken place between the parties and the, , question of marriage between them be decided, , first, before the application of W under Sec, 24, , is decided. Can the court grant the application, , of W?, , (a) Yes, , (b) No, , (c) Whenever an application under Sec, 24 is, made it is the bounden duty of the court ot, decide the application as expeditiously as, possible., , (d) Both (a) and (c), , Under Sec, (1) of H.M. Act, on the application, , of either spouse, the court may pass and order, for pemanent alimony and mainenance at the, time of passing any decree of, (a) Nullity ic. void/voidable marriage., , (b) divorce., , Page 3

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(c) Judicial separation and restituion of, conjugal rights., (d) all of the above,, , 25. Mark the incorrect statement:, , (a) If the claimant has independent and, sufficient means of maintaining herself,, noamount of maintenance can be granted, to her., , (b) The court my rescind the order if the party, in whose favour an order was passed has, remarried or if such party is the wife,, she, , (c) In case she succeeds in obtaining divorce,, she can claim mainenance under Sec. 25,, HMA, and Sec. 125, Cr.P.C., , (d) None of the ahove., , 26. Damyunti was a destitute girl. Karan who was, judicially separated from his wife, married, Damyanti. Damyanti at the time of her, marriage knew that Karan was having a, subsisting marriage, but in view of her dire, poverty she married him. Eight years later, owing to the ill treatment meted out by Karan,, She left him. Subsequently Damyanti filed a, petition for declaration that the marriage was, void and for mainenance under Sec. 25,, Hindu Marriage Act. Karan contends that his, marrage with Damyanti was void and as she, was aware of the fact at the time of her, marriage, she was not entitled to any, mainenance under Sec. 25., , (a) Karan’s contention should he accepted,, , (b) Karan’s contention should not accpeted., , (c) Damyanti, after getting the decree of, nullity under Sec. 11, can claim for, maintenance under Sec. 25 of Hindu, Marriage Act. It does not matter she knew, that Karan was having — subsisting, , marriage., , (d) Both (a) and (b), , 27. Under the Hindu Adoptions and Maintenance, , Act , 1956:, , (a) The Hindu husband is under a duty to, maintain his wife ., , (b) Maintenance is a personal obligation., , (c) A Hindu wife shall be entitled to be, maintained by her husband during her, lifetime, , (d) All are correct ., , 28. In order to claim separate residence and, maintenance under the HAMA, the wife, I, Should live with her husband., IL. Shall be entitled to live separately from her, husband without forfeiting her claim to, maintenance if he is guilty of bigamy desertion,, cruelty keeps a concubine suffering from, verulent leprosy, ceased to be a Hindu, or if, there is any other cause jusutying inying, separately, TH. even if unchaste but living with ber, husband, can claim maintenance, IV. even unchaste and not living with her, husband, can claim maintenance., V. can claim maintenance even if she ceases to, be Hindu, Codes, (a) 1, Mand U1, (b) 1, ILIV and ¥, (c) 1, 1 and V, (d) I, Mand V, has not remained chaste, or if husband, he, committed adultery., (a) On the death of non-claimant, the order of, maintenance comes to an end., (b) None of the above., , 29. Kailash was granted divorce against his wife, Rajni on the ground of her adultery. Rajni filed, a petition for maintenance under Sec, 25 of the, Hindu Marriage Act., , (a) Rajni is guilty of adultery and so she is not, entitled to any maintenance., , (b) Granting of maintenance to Rajani would, amount to giving her advantage of her own, wrong., , (c) Rajni is entitled to maintenance under Sec., 25,, , (d) Both (a) and (b)., , 30. Sec. 125 of Cr. P.C. provides that if any person,, having sufficient means, neglects or refuses to, maintain his wife, unable to maintain herself., the court may order such person to a monthly, allowance for the mainenance of his wife. the, “wite” includes:, , (a) a woman who has been divorced by, or has, obtained divorce from her husband and has, or has not remarried., , (b) A woman who has been divorced by, or has, obtained divorce from her hushand and has, or has not remarried., , cyanea, LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342 Page 4

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(c) A woman who has or has not obtained, divorce from her husband., , (d) A woman who has obtained divorce trom, her husband., , 31. No wile shall be entitled to receive an, allowance from her husband under See, 125 if(a) She is living in adultery., , (b) without any sufficient reason, she refuses to, live with her husband., , (c) Sheis living separately by mutual consent., , (d) All of the above., , 32. Amar married Mansi in 1951. very soon, their, relations became strained and Mansi started, living separately. In 1954. Jyotsana married, Amar. In Jan. 1956 Jyotsana filed a petition for, divorce against Amar on the ground that he had, another wife living., , (a) She can claim maintenance under Sec. 24, of the Hindu Marriage Act, 1955., , 33.The husband has neglected and has failed to, provider the wife maintenance for a period of two, years the wife is living separately without a, reasonable excuse, , (a) The wite can claim maintenance under Sec. 18,, HAMA, , (b) The wife cannot claim maintenance under Sec., 18, HAMA, , (c) The wife can claim maintenance under Sec. 18,, HAMA and Sec. 125, Cr.P.C, , (d) The wife cannot claim maintenance under Sec, 18 HAMA and Sec. 125, Cr.PC, , 34.Mark the correct statement(s):, , I. Under the Hindu Marriage Act, either spouse can, claim maintenance, while under H.A.M.A only wife, can claim., , IL. Under the Hindu Marriage Act, maintenance can, be claimed only after a decree of nullity Restitution,, judicial separation or divorce while under HAMA a, wife can claim maintenance and live separately, from her husband while her marriage subsists, , ILL. Hindu wife contemplated under H.A.MA, includes only the wife of a valid marriage while, under Hindu Marriage Act even a wife of void, marmage can claim maintenance, , TV. The provisions of HAMA shall prevail over the, , provisions (relating to maintenance) of Hindu, Marriage Act,, , V. Both Acts provide for separate and independent, reliefs; the court's jurisdiction cannot be ousted on, the plea that the applicant for maintenance under the, Hindu Marriage Act is already getting maintenance, under the H.A.M.A., though in fixing the quantum, of maintenance that may be taken into consideration., , Codes:, , (a) I, TL, TT and V., (b) TIL, TV and V., (c) LIL IV and V., (d) All of the above., , 35. Prakash married Devika by putting ‘sindur’ and, exchanging rings in a temple in the presence of two, friends. They started living as husband and wife, They were treated by the relatives and neighbours as, husband and wife A male child was born to them,, who unfortunately died at the age of 12 years Later, Prakash started ill-treating Devika She left him, Subsequently Devika filed a suit for maintenance, under Sec. 18 of the Hindu Adoptions and, Maintenance Act. 1956 Will she succeed?, , (a) Yes., , (b) No, because only the wife of a valid marriage, can claim maintenance under Sec. 18 of HAMA, , (c) The marriage between Prakash and Devika is an, invalid marriage on the ground of improper, solemnization. Thus, Devika cannot get maintenance, under Sec. 18, , (d) Both (b) and (c)., , 36. A divorced’ wife can claim maintenance under, the, , (a) Hindu Marriage Act only, , (b) Hindu Marriage Act and H. A. M. A., , (c) Hindu Marriage Act and Cr. P. C., , (d) Hindu Marriage Act, H. A. M. A. and Cr. P.C, , 37. If there is no status of a wife, maintenance can, be ordered under, , (a) Hindu Marriage Act only., , (b) Hindu Marriage Act and H. A.M. A., , (c) Hindu Marriage Act and Cr. P. C., , (d) No maintenance can be orderd, , cyanea, LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342 Page 5