Delhi Judicial Services Exam Personal Laws & Limitation Syllabus

Personal Laws & Limitation syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Personal Laws & Limitation in Delhi Judicial Services Exam, not a summary of it.

1. 1

   Hindu Law

   5 topics

   • Sources, schools and application of Hindu law
   • Marriage and matrimonial remedies
     • Conditions of valid marriage
     • Void, voidable and divorce
     • Restitution and judicial separation
   • Adoption and maintenance
   • Succession
     • Coparcenary and 2005 amendment
     • Intestate succession to male and female Hindus
   • Guardianship and minority
2. 2

   Muslim Law

   5 topics

   • Sources and schools of Muslim law
   • Marriage (Nikah) and dower (Mahr)
   • Dissolution of marriage
     • Talaq and its forms
     • Khula, mubarat and judicial divorce
   • Maintenance and iddat
   • Gift (Hiba), wakf and inheritance
3. 3

   Secular & Special Family Laws

   4 topics

   • Special Marriage Act, 1954
   • Guardians and Wards Act, 1890
     • Welfare of the minor principle
     • Custody disputes
   • Protection of Women from Domestic Violence Act, 2005
     • Reliefs and protection orders
   • Indian Succession Act, 1925 and wills
4. 4

   Limitation, Registration & Court Fees

   4 topics

   • Limitation Act, 1963
     • Computation and condonation of delay (Section 5)
     • Legal disability and acknowledgment
     • Effect of expiry and adverse possession
   • Registration Act, 1908
     • Compulsory and optional registration
     • Effect of non-registration
   • Court Fees and Suits Valuation Acts
     • Ad valorem and fixed court fees
     • Valuation for jurisdiction and court fee
   • Delhi Rent Control Act, 1958
     • Eviction grounds and standard rent

Personal Laws & Limitation flashcards for Delhi Judicial Services Exam

18 of 50 cards from the Personal Laws & Limitation deck — real questions with worked answers.

1. What are the principal sources of Hindu law?

   Ancient/original sources: Shruti (Vedas), Smritis (e.g., Manusmriti), Commentaries & Digests, and Custom. Modern sources: Legislation, Judicial precedents, Justice/equity & good conscience.

2. Name the two main schools of Hindu law and their key distinction.

   Mitakshara (prevails all over India except Bengal/Assam) and Dayabhaga (Bengal/Assam). Under Mitakshara a son acquires interest in coparcenary property by birth; under Dayabhaga the son's right arises only on the father's death.

3. To whom does the Hindu Marriage Act, 1955 apply?

   To Hindus by religion (incl. Virashaiva, Lingayat, Brahmo/Arya/Prarthana Samaj), Buddhists, Jains and Sikhs, and to any person domiciled in India who is not a Muslim, Christian, Parsi or Jew. It excludes Scheduled Tribes unless notified.

4. What are the conditions for a valid Hindu marriage under Section 5 HMA, 1955?

   Neither party has a living spouse (monogamy); both capable of consent (sound mind); groom 21 and bride 18; not within prohibited degrees of relationship unless custom allows; not sapindas of each other unless custom permits.

5. What are the matrimonial remedies available under the Hindu Marriage Act, 1955?

   Restitution of conjugal rights (S.9), Judicial separation (S.10), Nullity—void (S.11) and voidable (S.12) marriages, and Divorce (S.13, incl. S.13B mutual consent).

6. Under Section 13B HMA, what is the waiting period for divorce by mutual consent?

   After filing the joint petition, parties must wait a minimum of 6 months and a maximum of 18 months before moving the second motion. The Supreme Court (Amardeep Singh v. Harveen Kaur) held the 6-month period is directory and waivable.

7. What is the irretrievable breakdown ground and its status under Hindu law?

   Irretrievable breakdown of marriage is NOT a statutory ground for divorce under the HMA. The Supreme Court can grant such divorce only by exercising its power under Article 142 of the Constitution (e.g., Shilpa Sailesh v. Varun Sreenivasan).

8. Who can be adopted under the Hindu Adoptions and Maintenance Act, 1956?

   A Hindu child who is unmarried, below 15 years, and not already adopted, unless a valid custom permits otherwise. The child must be a Hindu.

9. What is the 'doctrine of relation back' in Hindu adoption, and its current status?

   It held an adopted son's rights related back to the date of the adoptive father's death. Section 12 HAMA, 1956 abolished it—an adopted child cannot divest any person of property vested before the adoption.

10. Who is entitled to maintenance under the Hindu Adoptions and Maintenance Act, 1956?

    A wife (S.18), widowed daughter-in-law (S.19), children and aged/infirm parents (S.20), and dependants of a deceased Hindu (S.21-22).

11. How does succession to a Hindu male dying intestate operate under the Hindu Succession Act, 1956?

    Property devolves first on Class I heirs simultaneously; if none, on Class II heirs; then Agnates; then Cognates (Section 8).

12. Name key Class I heirs of a Hindu male under the Hindu Succession Act, 1956.

    Son, daughter, widow, mother, and the children/widow of a predeceased son or daughter, plus other specified descendants. After the 2005 amendment the list was expanded to include certain heirs of predeceased daughters' children.

13. What did the Hindu Succession (Amendment) Act, 2005 change regarding daughters?

    It made daughters coparceners by birth in Mitakshara coparcenary property with the same rights and liabilities as sons. Vineeta Sharma v. Rakesh Sharma (2020) held this right accrues by birth and applies even if the father died before 9-9-2005.

14. What is the order of succession for a Hindu female dying intestate (Section 15 HSA)?

    General order: (a) sons, daughters (incl. of predeceased children) and husband; (b) husband's heirs; (c) mother and father; (d) father's heirs; (e) mother's heirs. Special rule: property inherited from parents goes to father's heirs; from husband/father-in-law goes to husband's heirs (S.15(2)).

15. Who is a natural guardian of a Hindu minor under the Hindu Minority and Guardianship Act, 1956?

    For a legitimate boy/unmarried girl: the father, and after him the mother; for a minor below 5 years, custody ordinarily with the mother. For an illegitimate child: the mother first. For a married girl: the husband.

16. What is the welfare principle under Section 13 of the Hindu Minority and Guardianship Act, 1956?

    In appointing or declaring any guardian, the welfare of the minor is the paramount consideration; no person is entitled to guardianship if it is not for the minor's welfare.

17. What are the sources of Muslim law?

    Primary: Quran, Sunna/Hadith (traditions of the Prophet), Ijma (consensus of jurists), Qiyas (analogical deduction). Secondary: Legislation, Custom, Judicial precedent, Justice/equity & good conscience.

18. What are the two main schools of Muslim law and their sub-schools?

    Sunni (sub-schools: Hanafi, Maliki, Shafi'i, Hanbali) and Shia (sub-schools: Ithna Ashari/Twelvers, Ismaili, Zaidi). Most Indian Muslims follow the Hanafi school.

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