I.D.
END TERM EXAMINATION, APRIL 2017
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 marks carried by each
question are indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. a Hindu male marries a Christian girl B. Decide with the help of relevant provision the
validity of marriage between A and B under the Hindu Marriage Act,1955.
b. What is Khula under Muslim law and how it is different from Mubarat?
c. What is a Coparcenary under Hindu Law?
d. Right of Muslim women to lien against her unpaid dower under Muslim Law. Explain.
e. What are the grounds for declaring a marriage voidable under the Hindu Marriage Act,
1955?
f. a Muslim mother on behalf of her minor son B entered into an agreement for the sale of
a land. Decide the validity of this agreement entered into by mother under Muslim Law.
g. Explain the theory of Irretrievable Breakdown of marriage under Hindu Law.
h. a Muslim man, marries a Muslim women, who is undergoing Iddat at the time of
marriage. Subsequently A dies. Decide the validity of marriage between A and B both
under Shia and Sunni Schools.
i. What are the powers of Testamentary Guardian under the Hindu Law?
j. What are Sapinda Relations under Hindu Law?
2. A married C while his first wife B was alive. From his second wife C he had a son D and
from his first wife B he had three daughters Y and Z. After the death of B along with
her three daughters Y and Z claimed 1/4th share each in property. second wife of A
and son of A and C filed a suit in the High Court for the share in property. Decide the
suit filed in High Court with the help of relevant provisions and case laws, if any.
Discuss the different sub-sects of Sunni School of law. (Marks
3. "A decree for the Restitution of Conjugal Rights constitute the grossest form of violation
of an individual right to privacy." In the light of the above statement discuss the
constitutionality of Section 9 of the Hindu Marriage Act, 1955.
a Shia Muslim male contracted a Muta marriage with a Christian for two years. A
and B continued to live together as husband and wife without entering into a new contract
even after the expiry of two years. After four years of marriage a child C was born. The
husband A died in the fifth year. Decide whether the marriage between A and B a valid Muta
marriage. Also state the essentials of Muta marriage. (Marks
PTO
4. (a)Two sister A and B were married to two brothers C and D within a week of marriage they
were mistreated by their husbands C and D and slapped and vulgar language was hurled by
their husbands. They demanded scooter and girls were not given food. When they left for their
father's house they were threatened that if they disclose this incident to their parents they
would suffer the consequences. The two sisters A and B sought the dissolution of marriage on
the ground of cruelty. The Trial Court held that the period of cruelty was too short to grant
dissolution of marriage. The suit went in appeal to High Court. Decide with the help of
relevant provision of Hindu Law and related cases that whether the decision of Trial Court is
correct.
Differentiate between Ahsan and Hasan form of Talaq. (Marks
5. In a valid Muslim marriage, there must not exist any of the prohibitions laid down under
Muslim personal law. Prohibitions in the marriage are impediments or restrictions upon the
right of a person to contract a marriage.
Absolute prohibitions in a marriage are mandatory in nature. Relative prohibitions are those
prohibitions the compliance of which is not mandatory but their presence is deemed to be
unjust. In the light of above stated statements discuss the impediments in Muslim Marriage.
(Marks 10)
6. A Muslim wife is entitled to claim her dower from the husband like his other creditors. A
wife, whose dower remains unpaid, is treated as creditor together with other creditors, if any,
of the husband. But the dower debt cannot be given any priority or preference over other
debts. In the light of the above stated facts discuss the enforcement of the right to dower by
wife under Muslim Law.
a Hindu marries a Hindu in 1959 when they were respectively 13 and 9 years old.
Treating this marriage as void A married again in 1975. B as his first wife filed a criminal
complaint against A accusing him of bigamy. Decide with the help of relevant provision
whether B will succeed in her claim. (Marks
7. Write short note on the following: (Marks
a. Sunna as a source of Muslim Law
b. Iddat under Muslim Law