30 Civil & Family Law (with Authoritative Answers)

#	Domain	Complex Test Question	Right Answer (with citations)
1	Civil – Limitation	When does the six-year limitation clock start for (a) a breach-of-contract suit and (b) a negligence suit for pure economic loss, and why are the start-dates different?	(a) Contract: time begins on the date of breach, even if damage is not yet felt. (b) Negligence: time begins only when the claimant first suffers actual loss arising from the negligent act. The distinction flows from s. 3 of the Limitation Act 1963: contract is complete on breach, whereas tort is incomplete until damage occurs1.
2	Civil – Limitation	In personal-injury litigation, when can an Indian court enlarge the primary limitation period and what is the ultimate long-stop?	Under s. 5 of the Limitation Act 1963, read with the judiciary’s equitable discretion, courts may condone delay if “sufficient cause” exists; but for personal injury there is an ultimate bar of 30 years from the date of incident (s. 51), beyond which no suit lies, however compelling the excuse2 3.
3	Civil – Procedure	Differentiate “cause-of-action estoppel” from “issue estoppel” within the doctrine of res judicata.	Cause-of-action estoppel bars re-litigation of the entire claim once finally decided; issue estoppel bars re-opening of a specific issue of fact or law necessarily decided between the same parties in earlier proceedings. Both rest on public-policy finality but operate at different levels of abstraction4 5 6.
4	Civil – Injunctions	State the three cumulative tests an Indian court applies before granting an interlocutory (temporary) injunction.	The applicant must show: (i) a serious question to be tried (prima-facie case); (ii) irreparable injury for which damages are inadequate; and (iii) the balance of convenience favours injunction. All three must co-exist7 8.
5	Civil – Injunctions	Distinguish an interim injunction from an interlocutory injunction.	An interim injunction is granted ex parte for a very short period to preserve status quo until both sides can be heard; an interlocutory injunction is passed inter partes after notice and ordinarily lasts until final judgment9.
6	Civil – Search & Freeze	What statutory footing do Indian courts use for Anton Piller (search) and Mareva (freezing) orders and why are they considered “interim preservation orders”?	Part 25 rr 25.10–25.24 of the CPC-aligned High Court Rules empower courts to appoint commissioners to search, seize and freeze assets “to prevent frustration of the decree”. They are granted only pending trial to secure the fruits of eventual judgment10.
7	Civil – CPC s. 10	When must a subsequently-filed suit be stayed under the doctrine of res sub judice?	If the matter in issue is directly and substantially the same as in a previously-instituted suit between the same parties litigating under the same title and that earlier suit is still pending, the later court must stay its trial (CPC s. 10)11.
8	Civil – Preliminary Decree	List three categories of suits in which a court may pass a preliminary decree and explain its effect.	Partition, partnership dissolution, and possession-with-mesne-profits suits commonly attract preliminary decrees, which declare rights/liabilities but postpone quantification or execution until a later final decree12.
9	Civil – Contempt of Injunction	What is the maximum period of civil imprisonment for wilful breach of a temporary injunction under Order 39 Rule 2-A CPC?	The contemnor may be detained in civil prison for up to three months, in addition to attachment of property12.
10	Civil – Specific Relief	How did the 2018 amendment to the Specific Relief Act alter courts’ discretion to refuse specific performance?	Section 10 now makes specific performance the rule rather than a discretionary exception; courts must enforce contracts unless they fall within the barred categories of ss 11, 14 or 16, reversing the earlier “adequacy of damages” emphasis13 14.
11	Civil – Contract	Explain the “doctrine of mutuality” in suits for specific performance.	A contract cannot be specifically enforced by a party who could not itself be compelled to perform; mutual enforceability is a pre-condition, preventing minors or incapable parties from suing for specific relief15.
12	Civil – Summary Suits	Under Order 37 CPC, when will a court refuse unconditional leave to defend?	Leave is denied unless the defendant discloses by affidavit substantial, bona-fide, triable issues; sham or moonshine defences invite conditional or no leave, enabling prompt decree on negotiable instruments or written contracts16.
13	Civil – Attachment Before Judgment	What must a plaintiff demonstrate to obtain attachment before judgment under Order 38 Rule 5 CPC?	Credible material that the defendant, with intent to obstruct or delay execution, is about to dispose of, remove or squander property; mere apprehension is insufficient11.
14	Civil – Foreign Judgments	Enumerate two statutory exceptions that render a foreign judgment inconclusive in India.	A judgment (i) delivered by a court without competent jurisdiction, or (ii) obtained by fraud, is not conclusive under s. 13 CPC, hence unenforceable domestically17.
15	Civil – Discovery	Contrast “interrogatories” with “discovery of documents” under Order XI CPC.	Interrogatories are written questions a party with court leave delivers to the opponent for sworn answers; discovery of documents compels the opponent to disclose and allow inspection of all relevant documents in its possession11.
16	Family – Divorce	Is “irretrievable breakdown of marriage” presently a statutory ground for divorce?	Not yet incorporated into HMA 1955, but the Supreme Court uses Article 142 to dissolve dead marriages and Parliament’s Marriage Laws (Amendment) Bill 2010 proposes s. 13-C to codify the ground18 19.
17	Family – Marriage Validity	State four statutory conditions for a valid Hindu marriage under s. 5 HMA 1955.	(i) Monogamy (no living spouse), (ii) parties’ ages ≥ 21 (M) / 18 (F), (iii) soundness of mind & capacity to consent, (iv) parties not within prohibited degrees unless custom permits20 21.
18	Family – Maintenance	Can a financially-able wife claim maintenance pendente lite and permanent alimony?	Yes. Sections 24 & 25 HMA and s. 125 CrPC (now BNSS s. 144) are gender-neutral; courts have granted maintenance to working spouses where income disparity or dependence exists (e.g., Chanchal Mehta 2016 P&H HC)22 23.
19	Family – Coparcenary	After the 2005 amendment, how did the Supreme Court clarify daughters’ coparcenary rights in Vineeta Sharma v Rakesh Sharma (2020)?	A daughter is a coparcener by birth, and her right is unaffected by whether the father was alive on 9-9-2005; she can demand partition and is equally liable for debts24 25.
20	Family – Legitimacy	Do children born of a void or voidable marriage inherit ancestral property?	Under s. 16 HMA they are legitimate for all purposes, but Supreme Court restricts their share to parents’ self-acquired property, not ancestral coparcenary estate18 26.
21	Family – Custody	What paramount consideration guides Indian courts in child-custody disputes, and which statute embodies it?	The welfare of the minor outweighs parental right; courts apply s. 17 Guardians & Wards Act 1890 along with s. 26 HMA 1955, assessing emotional, educational and material well-being27 28.
22	Family – NRI Custody	How are cross-border child-abduction cases handled given India is not a Hague Convention signatory?	Indian courts may still assume parens patriae jurisdiction if the child is an Indian citizen or ordinarily resident in India, apply the welfare test, and can disregard foreign interim orders while deciding custody; no automatic return remedy exists27.
23	Family – Surrogacy	What is the core policy shift introduced by the Surrogacy (Regulation) Act 2021?	It bans commercial surrogacy, permitting only altruistic, gestational surrogacy for eligible Indian couples/women, supervised by National & State Boards, to curb exploitation29 30.
24	Family – Surrogacy Eligibility	Give two mandatory eligibility conditions (a) for the intending couple and (b) for the surrogate mother under the 2021 Act.	(a) Couple must be Indian, married ≥ 5 years, aged 23-50 (F) & 26-55 (M), and childless (subject to disability exception). (b) Surrogate must be an ever-married woman 25-35 years, with one biological child, acting only once and not using her own gametes29 31.
25	Family – Partition	After a registered partition deed, can a former coparcener freely sell his share?	Yes; post-partition property becomes self-acquired, giving the owner absolute power of disposition without consent of descendants24.
26	Family – Alimony Quantum	What benchmark does the Supreme Court suggest for fixing spousal maintenance, and what financial disclosure is now compulsory?	In Kalyan Dey Chowdhury (2017) the Court indicated ≈ 25% of net salary as a fair starting point; in Rajnesh v Neha (2020) uniform asset-and-liability affidavits were mandated for both spouses22 19 32.
27	Family – Bigamy	Who may seek a decree of nullity for a bigamous Hindu marriage and why?	Only the second spouse can petition under s. 11 HMA; the first wife/husband lacks locus as the earlier marriage remains valid, making the later union void ab initio26.
28	Family – Succession	Under the Indian Succession Act 1925, what fixed share does a widow take in the intestate’s property where children also survive?	She takes one-third of the estate, the remaining two-thirds being distributed equally among the children (ss 33-36 ISA)33 34.
29	Family – Parental Maintenance	Which statute now obliges adults of sufficient means to maintain aged parents and what is the standard of proof?	Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023 (successor to s. 125 CrPC) lets any neglected parent obtain monthly maintenance; summary procedure applies and mere neglect, not wilful cruelty, suffices22.
30	Family – Surrogate’s Rights	Can a surrogate mother claim parental rights over the child she bears under the 2021 Act?	No. She must execute written informed consent and relinquish all parental rights; the child is deemed the biological child of the intending parents (s. 8 read with FAQ 40 of Ministry guidelines)31.

These questions probe statutory nuances, landmark rulings and recent reforms across Indian civil procedure and family-law regimes, enabling rigorous assessment of any legal-research AI.