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प्रश्न
The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Principle: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfillment of such a condition after the happening of the event is no fulfillment of a condition.
Facts: A transfers ₹5,000 to B on condition that he shall marry with the consent of C, D and E. As C, D, and E had to go abroad for some business purposes and as the date of marriage was already fixed, therefore, B marries without the consent of C, D, and E, but obtains their consent after the marriage when C, D, and E return to their country.
विकल्प
B has fulfilled the condition
B has not fulfilled the condition
B was free to marry anyone without the consent of anybody
B must divorce his wife as he married her without fulfilling the condition
उत्तर
B has not fulfilled the condition
Explanation:
The governing principle clearly states that a condition precedent must be complied with before the happening of the event and if such condition complies after the happening of the event it will not be considered the fulfillment of a condition. The same happened in the case presented before us. ` 5000/ -were transferred to B by A on the precondition that B will obtain the permission of C, D, and E for making but the obtains their consent only after 'B''s marriage. The consent obtained after marriage will not be considered valid fulfillment of the condition attached.
