I.D. END TERM EXAMINATION, APRIL-2018 B.A.LL.B. (HONS.) SEMESTER-II Family Law I Max. Marks: 60 Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks Sunnat as a source of Muslim Law Breakdown theory of Divorce Relative Incapacity Customary forms of marriages Distinguish between Talaq Ahasan and Talaq Hasan Concept of Domicile under Hindu Law Concept of al-khalwal-al-sahiha Shrutis as a source of Hindu Law Concept of mehr-i-misl Concept of De-jure guardian
2. Answer the following by applying relevant legal provisions: Rahul marries Radhika according to Hindu rites and ceremonies. After marriage Radhika was made to work throughout the day and was constantly abused for bringing insufficient dowry. Unable to bear the torture and more, she left the matrimonial home in the state of advance pregnancy. Can she seek divorce under the Hindu Marriage Act, 1955? Also state the relevant provisions from the Indian Penal Code, 1860 under which Rahul can be held liable for the acts committed upon Radhika. Ajay and Bhavna were living separately for nearly 5 years owing to incompatibility of their temperaments. On Ajay's suggestion, Bhavna agreed to seek divorce by mutual consent and they filed a petition for divorce under section 13-B of the Hindu Marriage Act, 1955. However after 6 months, Bhavna refused to go to court again with Ajay, saying that she had changed her mind as she did not wish to lead the life of divorcee. Ajay prays to the court that divorce be granted to him on the basis of first petition. Decide along with legal provision and relevant case laws in this regard. (Marks
3. What is Iddat period? Is a Muslim woman entitled to maintenance after the expiry of Iddat period? Explain in light of Apex Court judgments in this regard. (Marks 10) PTO
4. What are considered as voidable marriages under the Hindu Marriage Act, 1955? Explain the grounds on which
marriage becomes Voidable. Support your answer with the help of relevant judicial pronouncements in this regard.
(Marks 10)
5. Explain by giving reasons:-
Rekha a Hindu girl was contracted into marriage by her father during her minority. She wants to repudiate her
marriage. Advice her in light of the Prohibition of Child Marriage Act, 2006
Reshma meets Amir while she is on a pilgrimage. They immediately decided to get married and while in
pilgrimage, they contracted a marriage by Nikah format in presence of their respective families. What is the status
of such marriage and what are the rights and obligations the parties to such a marriage? (Marks
6. "Under most of the personal laws in India, desertion is recognized as a ground for divorce and judicial separation".
Explain desertion as a ground of divorce under the Hindu Marriage Act, 1955 in light of important judicial
pronouncements? (Marks 10)
7. Identify the name and the category of Talaq in the statements provided below. Explain whether such Talaq can be
revoked or (Marks 2×5=10)
A Muslim woman dissolves marriage on the ground that her husband has alleged her to be in an adulterous
relationship.
A Muslim woman dissolves the marriage on payment of Rs.50, 000 to the husband as consideration.
A Muslim husband says to his wife swear by God that I shall not approach you'.
A Muslim woman dissolves the marriage on the ground that her husband has disrespected her by comparing with
his foster mother.
A Muslim woman dissolves her marriage whose marriage was solemnized before attaining the age of 15 years.