Q 1:- What are Kinds of estoppel?
Ans:- “Broadly, estoppel is of three classical kinds: estoppel by record, estoppel by deed, and estoppel by conduct or representation. In modern law, promissory estoppel is also a well-recognized form, where a person who makes a clear promise, intending another to act on it, cannot later go back on it if the other has altered his position. Thus, estoppel prevents a party from denying what he earlier represented.
Estoppel by record: bars reopening what has been finally decided by a competent court.
Estoppel by deed: a party cannot deny what is stated in a solemn deed.
Estoppel by conduct or representation: a party is bound by a representation on which another acted.
Promissory estoppel: a promise acted upon cannot ordinarily be withdrawn to the prejudice of the promisee.
Ans:- For granting restitution of conjugal rights under Section 9 of the Hindu Marriage Act, the court examines four things: first, there must be a valid subsisting marriage; second, the respondent must have withdrawn from the society of the petitioner; third, such withdrawal must be without reasonable excuse; and fourth, the court must be satisfied that the petition statements are true and there is no legal ground to deny relief. The burden to prove a reasonable excuse is on the spouse who has withdrawn. So, the core test is withdrawal without just cause from a valid marital relationship.”
One liner
If asked for a one-line formulation, say: “Valid marriage, withdrawal from society, no reasonable excuse, and no legal bar to decree.”
Q 3:- How would you decide the quantum of maintenance?
Ans:- Quantum of maintenance is fixed by balancing the reasonable needs of the claimant with the actual income, liabilities, status, and dependents of the person liable to pay. There is no straightjacket formula; the amount must be fair and realistic, so that the claimant lives with dignity according to the matrimonial standard of life, without making the order oppressive to the respondent.
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