Which of the following is not correct about the Family Courts Act, 1984?
- The Act intends to promote conciliation and secure speedy settlement of disputes.
- The appointment of counsellors in family courts is determined by the State Government in consultation with the High Court.
- The duty of the Family Court is to arrive at a settlement between the parties where it is possible and consistent with the nature and circumstances of the case.
- A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age
The Correct Option is D
Solution and Explanation
The Family Courts Act, 1984, was enacted to provide a mechanism for the resolution of family disputes in a speedy and amicable manner. Let's evaluate the given options against the provisions of the Act to identify which one is not correct:
The Act intends to promote conciliation and secure speedy settlement of disputes.
This is correct. The main objective of the Family Courts Act is indeed to facilitate conciliation and secure speedy resolution of family disputes.
The appointment of counsellors in family courts is determined by the State Government in consultation with the High Court.
This is correct. According to the Act, the State Government is responsible for the appointment of counsellors and may do so in consultation with the High Court.
The duty of the Family Court is to arrive at a settlement between the parties where it is possible and consistent with the nature and circumstances of the case.
This is correct. Family Courts must strive to settle disputes amicably while considering the specific nature and circumstances of each case.
A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age.
This is incorrect. According to the Family Courts Act, the eligibility criteria for appointment as a judge typically involves legal expertise and experience, but the age mentioned here does not align with the usual practice, which considers active high court judges or those eligible for such a post, generally not after the age of sixty-two.
From the analysis above, the incorrect statement is: A person can be appointed as a judge of the Family Court after the attainment of sixty-two years of age.
Based on the given excerpt, which of the following judgments is related to the working of Family Courts?
- Sanjiv Prakash v. Seema Kukreja, 2021 SCC OnLine SC 282.
- Khushi Ram v. Nawal Singh, 2021 SCC OnLine SC 128.
- Aman Lohia v. Kiran Lohia, 2021 SCC OnLine SC 224.
- Gurmeet Pal Singh v. State of Punjab,(2018) 7 SCC 260.
The Correct Option is C
Solution and Explanation
In order to determine which judgment is related to the workings of Family Courts, it is essential to analyze the criterion discussed in the given comprehension. The Family Court's responsibilities include the adjudication of disputes between parties by adhering to statutory norms, maintaining fairness, ensuring natural justice, and following a formal legal procedure. This involves parties filing formal pleadings, framing issues, recording evidence, and providing opportunities for both parties to present their claims.
Considering these factors, the judgment that aligns with the operation and obligations of the Family Courts is:
Aman Lohia v. Kiran Lohia, 2021 SCC OnLine SC 224.
This judgment pertains to Family Courts, which are required to involve prescribed procedures including pleadings, framing of issues, evidence recording, and providing fairness, directly reflecting the given comprehension.
Based on the given excerpt, which of the following was held by the Supreme Court of India in relation to the Family Courts?
- Non-compliance of the prescribed mandatory procedure and infraction of principles of natural justice is not a technical irregularity which can be overlooked by family courts.
- In divorce proceedings, it is the duty of family courts to mandatorily conduct mediation between the parties.
- Non-compliance of the prescribed mandatory procedure and infraction of principles of natural justice is a technical irregularity which can be overlooked by family courts.
- Family Courts ought not to examine matters after giving due opportunity to both sides on their own merits and in accordance with law.
The Correct Option is A
Solution and Explanation
The Family Court must adhere to the norms prescribed by the statute with regard to the adjudication of matrimonial disputes, and also to the:
- Convenience of the court.
- Fair procedure and natural justice.
- International conventions.
- Convenience of the parties.
The Correct Option is B
Solution and Explanation
- Filing formal pleadings by both parties.
- Framing issues for determination.
- Recording evidence to support asserted facts.
- Making determinations and rendering decisions with recorded reasons.
- Provide notice to the involved parties.
- Ensure sufficient time and opportunity for parties to present claims and evidence.
Which of the following is not correct about the nature of proceedings conducted in the Family Court?
- The proceedings must always be held in camera.
- The Act provides that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.
- The proceedings may be held in camera depending on the desire of court and the party concerned.
- Family Court may secure the services of a medical expert if required.
The Correct Option is A
Solution and Explanation
The Family Courts Act, 1984 does not apply to which of the following matters?
- Divorce under Hindu Law.
- Nikah as per Muslim Personal Law.
- Marriage under Special Marriage Act, 1954.
- Adoption under Hindu Law.
The Correct Option is D
Solution and Explanation
The Family Courts Act, 1984 primarily deals with matrimonial disputes and other family-related matters. However, it does not apply to every aspect of family law. Below is an analysis of the given options to determine which matter is not governed by the Family Courts Act:
- Divorce under Hindu Law: Family Courts handle divorce proceedings among individuals governed by Hindu Law, as it involves matrimonial disputes.
- Nikah as per Muslim Personal Law: Family Courts also address matrimonial disputes in Muslim marriage cases, including those related to Nikah.
- Marriage under Special Marriage Act, 1954: This act provides a framework for civil marriages, and matters arising from it can be presented in Family Courts.
- Adoption under Hindu Law: Adoption is a process more related to personal law than to matrimonial disputes. Typically, such matters are not covered under the Family Courts Act, 1984.
Based on this analysis, the Family Courts Act, 1984 does not apply to Adoption under Hindu Law.
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(i) After the commencement of the Hindu Succession (Amendment) Act, 2005, the court shall not recognise any pious obligation of a son under the Hindu law to discharge any debt due from his father.
(ii) Right of creditor to proceed against a son to recover any debt due from his father solely on the ground of the pious obligation under the Hindu law shall not be affected if the debt was contracted before the commencement of the Hindu Succession (Amendment) Act, 2005.
Choose the correct answer from the options given below.
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Questions Asked in CLAT PG exam
The document presents a critique of the United Nations (UN) organization, arguing that it has failed to carry out its charter-mandated tasks, specifically to ”maintain international peace and security” and ”to achieve international cooperation” in solving global problems. The author notes growing public frustration with catastrophic humanitarian situations and the failure of peace-keeping operations, leading to widespread scepticism about the possibility of ”revitalization”.
UN Reform Approaches
Discussions on UN reform are divided into two main categories: the conservative approach and the radical approach.
1. Conservative Approach:
The conservative view considers the existing Charter ”practically untouchable” and believes in improving ”collective security” as defined in Chapter VII. Key positions include:
- US Position: Prioritizes its own interests, supports better management and the creation of an Inspector General, favours enlarging the Security Council (to include Germany and Japan, mainly for financing peace-keeping), and associates the UN with regional organizations like NATO for peace enforcement. The US remains reluctant to allow full application of Chapter VII and views collective security restrictively.
- Secretary-General’s Position (Boutros Ghali): Advocated for the full implementation of ’collective security’ as envisaged in 1945, including the use of the Military Staff Committee (Article 47) and the conclusion of special agreements (Article 43) for providing armed forces. He also proposed ’peace enforcement units’ under the command of the Secretary-General and wider use of ’preventive diplomacy’. The report candidly recognized the Security Council’s incapacity to deal with threats from a major power.
2. Radical Approach:
The radical approach criticizes the principles of the present system and proposes an overhaul. It reflects increasing doubts about the value of the Charter’s collective security system, especially in intra-State conflicts. Radical proposals include:
- Establishing an Economic Security Council.
- Modifying the Charter with less reluctance.
- Reforming the IMF and World Bank.
- Developing a new global security system .
- The creation of a consultative parliamentary assembly at the world level.
Future Outlook:
The author asserts that no major or minor reform has any chance of being implemented now, primarily because the Charter’s amendment procedures (requiring a two-thirds majority including all five permanent Security Council members) preclude agreement. However, he concludes that the continuing deterioration of the global situation, driven by economic integration, rising inequality, and intra-State conflicts, will inevitably lead the political establishment to define a new global institutional structure. This future debate will become highly political.
- CLAT PG - 2026
- International Law
“Section 55 of the Indian Contract Act says that when a party to a contract promises to do a certain thing within a specified time but fails to do so, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee if the intention of the parties was, that time should be of the essence of the contract. If time is not the essence of the contract, the contract does not become voidable by the failure to do such thing on or before the specified time but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Further, if in case of a contract voidable on account of the promisor’s failure to perform his promise within the time agreed and the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance he gives notice to the promisor of his intention to do so.
Sections 73 and 74 deal with consequences of breach of contract. Heading of Sec tion 73 is compensation for loss or damage caused by breach of contract. When a contract is broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for any loss or damage caused to him thereby which naturally arose in the usual course of things from such breach or which the parties knew when they made the contract to be likely to result from the breach of it. On the other hand, Section 74 deals with compen sation for breach of contract where penalty is stipulated for. When a contract is broken, if a sum is mentioned in the contract as the amount to be paid in case of such breach or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled whether or not actually damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or the penalty stipulated for.”
tracted from: Consolidated Construction Consortium Limited v Software Technol ogy Parks of India 2025 INSC 574- CLAT PG - 2026
- Contract Law
“Law treats all contracts with equal respect and unless a contract is proved to suffer from any of the vitiating factors, the terms and conditions have to be enforced regardless of the relative strengths and weakness of the parties.
Section 28 of the Contract Act does not bar exclusive jurisdiction clauses. What has been barred is the absolute restriction of any party from approaching a legal forum. The right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for the ease of the parties. In the present dispute, the clause does not take away the right of the employee to pursue a legal claim but only restricts the employee to pursue those claims before the courts in Mumbai alone.
... the Court must already have jurisdiction to entertain such a legal claim. This limb pertains to the fact that a contract cannot confer jurisdiction on a court that did not have such a jurisdiction in the first place.”
Extracted from: Rakesh Kumar Verma v HDFC Bank Ltd 2025 INSC 473- CLAT PG - 2026
- Contract Law
- “The law is well settled that a constitutional court can award monetary compen sation against the State and its officials for its failure to safeguard fundamental rights of citizens but there is no system or method to measure the damages caused in such situations. Quite often the courts have a difficult task in determining dam ages in various fact situations. The yardsticks normally adopted for determining the compensation payable in private tort claims are not as such applicable when a constitutional court determines the compensation in cases where there is a viola tion of fundamental rights guaranteed to its citizens.
... In D.K. Basu v. State of W.B. [(1997) SCC 1 416], a Constitution Bench of this Court held that there is no straitjacket formula for computation of damages and we find that there is no uniformity or yardstick followed in awarding damages for violation of fundamental rights. In Rudul Sah case [Rudul Sah v. State of Bihar, (1983) 4 SCC 141] this Court used the terminology ’palliative’ for measuring the damages and the formula of ’adhoc’ was applied. In Sebastian Hongray case [Se bastian M. Hongray v. Union of India, (1984) 3 SCC 82] the expression used by this Court for determining the monetary compensation was ’exemplary’ costs and the formula adopted was ’punitive’. In Bhim Singh case [Bhim Singh v. State of J & K, (1985) 4 SCC 677], the expression used by the Court was ’compensation’ and the method adopted was ’tortious formula’. In D.K. Basu v. State of W.B. [(1997) SCC 1 416] the expression used by this Court for determining the compensation was ’monetary compensation’. The formula adopted was ’cost to cost’ method. Courts have not, therefore, adopted a uniform criterion since no statutory formula has been laid down.”
tracted from: Municipal Corporation of Delhi, Delhi v Uphaar Tragedy Victims Association (2011) 14 SCC 481- CLAT PG - 2026
- Constitutional Laws
- It is well recognized that actionable negligence in context of medical profession involves three constituents (i) duty to exercise due care; (ii) breach of duty and (iii) consequential damage. However, a simple lack of care, an error of judgment or an accident is not sufficient proof of negligence on part of the medical professional so long as the doctor follows the acceptable practice of the medical profession in discharge of his duties. He cannot be held liable for negligence merely because a better alternative treatment or course of treatment was available or that more skilled doctors were there who could have administered better treatment.
A medical professional may be held liable for negligence only when he is not pos sessed with the requisite qualification or skill or when he fails to exercise reasonable skill which he possesses in giving the treatment. None of the above two essential conditions for establishing negligence stand satisfied in the case at hand as no ev idence was brought on record to prove that Dr. Neeraj Sud had not exercised due diligence, care or skill which he possessed in operating the patient and giving treatment to him. When reasonable care, expected of the medical professional, is extended or rendered to the patient unless contrary is proved, it would not be a case for actionable negligence.
tracted with edits and revisions from Neeraj Sud v Jaswinder Singh 2024 INSC 825- CLAT PG - 2026
- Law of Torts