Ramesh and Geeta were husband and wife living in Bangalore. Ramesh was an Income Tax Officer and Geeta was a school teacher. They had two sons studying in schools in Bangalore. Parents of Ramesh were also staying with them. Ramesh was transferred to Madras and he had to leave his family behind at Bangalore. He promised to send every month Rupees thirty thousand to meet family expenditure, to his wife. Ramesh did not send any money from Madras. If Geeta filed a suit for specific performance of the contract, then which one of the following is correct?
A. Family agreements are not contracts and hence, no order for specific performance can be ordered
B. It is a valid contract. Specific performance is to be ordered
C. This is being an agreement without consideration. It is not an enforceable contract
D. It is a breach of family responsibilities, so specific performance order is called for
Answer: Option A
This Question Belongs to Law >> Specific Relief Act
Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:
A. Section 35
B. Section 36
C. Section 37
D. None of the above
Which of the following statements is wrong? Perpetual injunction
A. Is granted by a decree
B. Can be granted without notice to and hearing the defendant
C. Can never be granted without notice to and hearing the defendant
D. Can be granted on merits only
Suit for specific performance is claimed when applicant is . . . . . . . . .
A. Necessary party
B. Proper party
C. Neither (A) nor (B)
D. Both (A) and (C)
A. In a contract, where plaintiff has been given an unfair advantage over the defendant
B. In a case where the contract is not enforceable at the instance of the other party
C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance
D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff
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