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 2*10=20)
a) Sunnat as a source of Muslim Law
b) Breakdown theory of Divorce
c) Relative Incapacity
d) Customary forms of marriages
e) Distinguish between Talaq Ahasan and Talaq Hasan
f) Concept of Domicile under Hindu Law
g) Concept of al-khalwal-al-sahiha
h) Shrutis as a source of Hindu Law
i) Concept of mehr-i-misl
j) Concept of De-jure guardian

2. Answer the following by applying relevant legal provisions: -

a) 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.
b) 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 5+5=10)

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)
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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:-

a) 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
b) 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 5+5=10)

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 not:- (Marks 2×5=10)

a) A Muslim woman dissolves marriage on the ground that her husband has alleged her to be in an
adulterous relationship.
b) A Muslim woman dissolves the marriage on payment of Rs.50, 000 to the husband as consideration.
c) A Muslim husband says to his wife ‘I swear by God that I shall not approach you’.
d) A Muslim woman dissolves the marriage on the ground that her husband has disrespected her by
comparing with his foster mother.
e) A Muslim woman dissolves her marriage whose marriage was solemnized before attaining the
age of 15 years.
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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, 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, 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, a Muslim man, marries B, 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) 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 X, Y and Z. After the death of A, B
along with her three daughters X, Y and Z claimed 1/4 th share each in A’s property. C,
second wife of A and D, son of A and C filed a suit in the High Court for the share in A’s
property. Decide the suit filed in High Court with the help of relevant provisions and
case laws, if any.
(b) Discuss the different sub-sects of Sunni School of law. (Marks 5+5)

3. (a) “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.
(b) A, a Shia Muslim male contracted a Muta marriage with B, 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 7+3)
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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.
(b) Differentiate between Ahsan and Hasan form of Talaq. (Marks 7+3)

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) 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.
(b) A, a Hindu marries B, 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+3=10)

7. Write short note on the following: (Marks 5+5=10)

a. Sunna as a source of Muslim Law
b. Iddat under Muslim Law
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END TERM EXAMINATION, APRIL - 2016
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. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)

a. Who is Hindu?
b. Discuss various sources of Hindu Law.
c. What do you understand by the term ‘Spinda’ and ‘Sgotra’.
d. Explain the meaning of Restitution of Conjugal rights.
e. Distinguish between void marriage and voidable marriage under Hindu Law.
f. Discuss two primary sources of Muslim Law.
g. Explain Shia School of Law in brief.
h. What are legal impediments to Muslim marriage? Discuss in brief.
i. What is difference between specified dower and unspecified dower?
j. What is Muta marriage?

2. ‘Hindu marriage is a sacrament not a civil contract’ in the light of statutory provisions discuss the
nature of Hindu Marriage. (Marks 10)

3. Discuss various grounds of divorce under the Hindu Marriage Act, 1955 with special emphasis to
cruelty. Refer relevant cases also. (Marks 10)

4. Explain various theories of Divorce. How far these theories have got recognition in the Hindu
Marriage Act, 1955? Discuss. (Marks 10)

5. Discuss in detail various schools of Muslim Law. How far Sunni Law is different from Shia Law
with regard to ‘Nikah’? Discuss. (Marks 10)

6. What do you mean by the term Khyar-ul-bulugh (Option of Puberty)? Discuss the essentials of a
valid marriage under Muslim Law. (Marks 10)

7. Discuss prompt dower and deferred dower in brief. Explain enforcement of the Right of Dower of
Muslim wife under Muslim Law. (Marks 10)
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END TERM EXAMINATION, APRIL - 2015
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. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)

a. Who are governed by the Hindu Law?

b. What is restitution of conjugal rights?
c. Explain the main contribution of Mithakshara School of Law.
d. What do you mean by the term ‘Joint Family’ and ‘Coparcenary’?
e. Explain legitimacy of children of void and voidable marriages.
f. Who is Muslim?
g. Explain the term ‘Qiyas’.
h. What is Talaq-e-Tafweez (Delegated Talaq)?
i. What do you mean by the term ‘Mahr’ (Dower)?
j. What do you mean by the term ‘Khyar-ul-Bulugh’?

2. Discuss the essential elements of a marriage under the Hindu Marriage Act, 1955. Distinguish
between void and voidable marriages under Hindu Law. (Marks 10)

3. Who is Hindu? Discuss the various sources of Hindu law. Explain how far ancient sources has
found place in the Hindu Marriage Act, 1955? (Marks 10)

4. Explain various grounds of divorce under the Hindu Marriage Act, 1955 with special reference to
‘separation by mutual consent.’ Refer relevant cases also. (Marks 10)

5. Discuss in detail the primary and secondary sources of Muslim Law. (Marks 10)

6. What do you mean by the term ‘Iddat’? Explain various kinds of marriage under Muslim Law.
(Marks 10)

7. What is Talaq? With the help of case law, discuss various modes of dissolution of marriage under
Muslim Law. (Marks 10)

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Hidayatullah National Law University, Raipur
End Term Examination, April -2014
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. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)

a. Who is a Hindu?
b. What is theory of irretrievable breakdown of marriage?
c. Differentiate ‘Divorce’ from ‘Judicial Separation’
d. What is the difference between void and voidable marriages under Hindu Law?
e. What is the difference between ‘Separation by mutual consent’ and ‘Judicial Separation’?
f. What are the primary sources of Muslim Law?
g. What do you mean by the term ‘Iddat’?
h. Explain the term ‘Ijma’?
i. What is ‘Khula’? How it is different from ‘Mubarat’?
j. Enumerate the distinctions between Batil and Fasid marriages under Muslim Law?

2. Explain the meaning and object of Restitution of Conjugal Rights. Also discuss the constitutional
validity of Section 9 of the Hindu Marriage Act, 1955 with the help of relevant case laws. (Marks
10)

3. Explain briefly various grounds of divorce under the Hindu Marriage Act, 1955 with special
emphasis to Desertion. Refer to relevant cases. (Marks 10)

4. What are the different Theories of Divorce? Explain how far these theories have found place in the
Hindu Marriage Act, 1955? (Marks 10)

5. Compare the nature and concept of ‘Marriage’ under Muslim Law and Hindu Law? (Marks 10)

6. What is the object of enacting the Dissolution of Muslim Marriage Act, 1939? Also explain the
different grounds to obtain divorce under the Act. (Marks 10)

7. What is the meaning and object of ‘Mahr’ (Dower) in Muslim law? Explain the various types of
‘Mahr’ and highlight the differences between Sunni and Shia Laws relating to Dower? (Marks 10)

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