Family Law II
UNIT
– I (Marks : 15)
1.
Explain the sources of Islamic Law. (January 2011)
2.
Explain the legal consequences that may ensure
if the husband refuses to pay ‘prompt dower’ and ‘deferred dower’
due to his wife. (January
2011)
3.
Explain the different kinds of dower. (June 2010)
4.
Define the Dower. Explain the kinds of
dower. (June 2013)
5.
State the provisions of the Shariat
Act, 1937. (June 2011)
6.
State the essentials of a valid
marriage under Muslim law. (June 2011)
7.
Discuss Muta marriage under Mahomedan
law. (January 2012)
8.
Who is mutawali ? What are his powers
and duties ? (June 2013)
9.
Explain briefly the law relating to pre-emption. (January 2012)
10. Define
pre-emption. State the persons who can claim pre-emption. (June/July 2012)
11. State
and explain the schools and sub-schools of Muslim law. (December 2012)
12. When
does a Muslim Marriage become irregular and what are its effects ? (December 2012)
13. “Marriage
under Mohammaden Law is a civil contract” – Critically examine the
statement. (June/July
2012)
14. Define
and distinguish between valid, void and irregular marriages under
Mohammaden Law. (June
2010)
UNIT
– I (Marks : 5)
1.
Write a note on essentials of marriage. (January 2011)
2.
Write a note on Pre-emption. (January 2011)
3.
Write a note on Quran. (June 2013)
4.
Write a note on Muta Marriage (June 2013)
5.
‘A’ a
Hanafi Muslim has four wives. He marries the fifth wife. Is the fifth marriage
valid ? (June 2011)
6.
A Muslim wife want to claim Mahr from her
husband inspite of having an express
agreement between them not to claim it. Can she claim ? (June 2011)
7.
‘A’ executes a document purporting to settle
property as Wakf for the benefit of his wife, daughter and descendants of the
daughter. Is it a valid Wakf ? Marks : 5 (January 2012)
8.
A Mahomedan widow is in possession of her
deceased husband’s house in lieu of dower amount. She is not ready to give up
possession of the house to other heirs, until her dower amount is paid can she
do so ? (January 2012)
9.
A Mohammaden having four wives contracts fifth
marriage. Is this marriage valid ? (June/July 2012)
10. A
Mohammaden create a wakf. After few years he wants to revoke it. Can he do so ? (June/July 2012)
11. 'A',
a Muslim woman who is married and whose husband is living, marries again, Is it
valid ? (December 2012)
12. 'A',
'B' and 'C' are co-sharers in certain property. 'A' sells his share to 'B'. Is
'C' entitled to claim pre-emption of the property ? If so, to what extent ? (December 2012)
13. ‘A’
a Mohammaden contracts a marriage with
‘B’ without witness. Is the marriage valid ? (June 2010)
14. ‘A’
a Sunni Mohammaden sells his land to ‘B’. A’s neighbour ‘C’ a shia Mohammaden
claims his rights of preemption over the land.
Will he succeed ? (June
2010)
UNIT
– II Marks : 15
1. Examine
the effect of Apostasy of a Muslim on his/her marriage and succession
rights. (January 2011)
2.
Explain the powers of Guardians under
Mohammaden Law. (June
2010)
3.
Who are entitled to be the guardians of the
person and property of a minor ? When can a legal guardian sell the
immovable property of a minor Muslim ? (January 2011)
4.
Explain the law relating to guardianship of
the property of a minor. (January 2012)
5.
Explain the law relating to guardianship of
the property of a minor. (June 2013)
6.
Explain the classification of Guardianship of
minor’s property under Mahammaden law. (June/July 2012)
7.
Who are entitled to be the guardians of the
person and property of a minor under Mohammaden law ? (June 2011)
8.
State the law relating to ‘Apostacy from
Islam’. (January 2012)
9.
Who is a Muslim ? Explain the rules relating
to conversion to Islam. (June 2011)
10. Explain
the effect of conversion of a Muslim on his/her marriage and succession
rights. (June 2013)
11. Who
is a Mohammaden ? State the effects of conversion of a married
Mohammaden into other religion.
(June/July 2012)
12. Discuss
the law relating to conversion to Muhammadanism. (December 2012)
13. Explain
acknowledgment of paternity under Muslim law. (December 2012)
14. What is acknowledgement of Paternity?
State the conditions for the valid acknowledgement. (June 2010)
UNIT
– II Marks : 5
1.
Write a note on “custody of child”. Marks : 5 (June/July 2012)
2.
Write a note on “Custody of Child” (June 2013)
3.
Write a note on “Paternity”. (June/July 2012)
4.
Write a note on parental rights. (June 2011)
5.
Write a note on ‘Maintenance of Children’ (June 2010)
6.
Write a note on Defacto Guardian. (June 2010)
7.
When can a legal guardian dispose the
immovable properties of a minor ? (June 2011)
8.
Zohra and Zakir have executed a nikahnama in the
presence of Moulvi on 30th March 2009 and on August 11th 2009, Zohra gave birth
to a male child Zaid. Ever since its birth, Zakir reared that child showering
all love and affections. Is this child legitimate ? Can Zakir acknowledge Zaid
? (January 2011)
9.
A Mohammedan Woman represents herself as
guardian of her minor sons and sells the property which had devolved by
inheritance on her and her minor sons. Is the sale binding on the minors ? (January 2011)
10. A
Hindu woman converts to Islam and Marries a Mahomedan. Later she reconverts to
Hinduism and Marries a Hindu. Is she guilty of bigamy ? Marks : 5 (January 2012)
11. A,
a Mahomedan acknowledges that B is his legitimate son. Subsequently A revokes
it. Is the revocation valid ? (January 2012)
12. A
Muslim husband converts to Hinduism. His wife then marries another man. Is she
guilty of the offence of bigamy ? Marks : 5 (December 2012)
13. 'A'
a Mohammedan woman made a contract to dispose of 12 acres of land belonging to
her minor son, with a view to purchase a house at Mumbai. Is it a valid
contract ? (December
2012)
14. ‘A’ a Mohammedan acknowledges ‘B’ as his
legitimate Son subsequently ‘A’ revokes it. Is the revocation valid. (June 2013)
UNIT
– III Marks : 15
1. Discuss
how marriage under Muslim Law can be dissolved in various ways. (January 2011)
2.
Who are entitled to claim maintenance ?
Under which law a divorced Muslim Woman is entitled to claim maintenance ?
Explain. (January 2011)
3.
How is divorce effected under Mohammaden
law ? Discuss briefly the modes of divorce. (June 2011)
4.
Write an essay on Shah Banu’s case and
its consequences. (June
2011)
5.
What are the protections available to the Muslim
divorced wife under the Muslim women (Protection of Rights on Divorce)
Act, 1986 ? (January 2012)
6.
What are the grounds on which wife can claim
divorce from her husband under the Divorce Act, 1869 ? (January 2012)
7.
What are grounds on which a Muslim wife can
claim divorce from her husband under the dissolution of the Muslim Marriage
Act, 1939 ? (June 2013)
8.
Explain the various modes of Talak. (June/July 2012)
9. What
is talak ? State in detail different modes of talak. (December 2012)
10. What
are the grounds for Judicial separation under the Divorce Act, 1869 ? (December 2012)
11. State
the grounds for divorce provided under Dissolution of Muslim Marriage
Act, 1939. (June 2010)
12. What
are the grounds on which a court can nullify the marriage under Indian
Divorce Act, 1869. (June
2010)
13. Explain
the provisions of Indian Divorce Act, 1869 relating to dissolution of
marriage. (June/July
2012)
14. Explain
the salient features of the Divorce Act, 1869 (June 2013)
UNIT
– III Marks : 5
1.
Write a note on ‘connivance’ as a bar to
matrimonial relief. Marks : 5 (June 2011)
2.
Write a note on alimony under Indian
Divorce Act. (June 2011)
3.
Write a note on talak-ul-sunnat. (January 2012)
4.
Write a note on Ila and Zihar. (January 2012)
5.
Write a note on maintenance to wife under
Mohammaden law. Marks : 5 (June/July 2012)
6.
Write a note on “Re-marriage” under
Indian Divorce Act, 1869.
(June/July 2012)
7.
Write a note on bar to matrimonial relief. (December 2012)
8.
Write a note on divorce by mutual consent. (December 2012)
9.
Write a note on ‘Khula’ (June 2010)
10. Write
a note on Maintanance of divorced wife under Muslim Women (Protection of
Rights and Divorce) Act, 1986. (June 2010)
11. Write
a note on lia. (June 2013)
12. A
Hanafi Mohammedan divorced his wife by Talaq. After divorce, the couple live
together and three children were born to them. Is the cohabitation and the
children legitimate ? Decide. Marks : 5 (January 2011)
13. George
is not permitting his wife Anjali to attend religious rites. Her repeated
requests proved futile. Perturbed Anjali decided to take legal steps under the
Indian Divorce Act, 1869. Advice. (January 2011)
14. A
Hanafi Mohammedan divorces his wife by Talaq. After divorce, the couple live
together and two children were born to them. Is the cohabitation and the
children legitimate ? Decide.
UNIT
– IV Marks : 15
1.
Discuss the limitations on the testamentary
power of a Muslim in bequeathing his properties under a will. (January 2011)
2.
Explain the general principles of inheritance
under Sunni law. (June 2011)
3.
Who is an administrator ? What are his
powers and duties ? (June
2011)
4.
What are the duties of an executor or
administrator ?
(December 2012)
5.
State and explain different kinds of domicile.
Marks : 15 (January 2012)
6.
Define Domicile. State the various modes
of acquiring domicile. (June/July 2012)
7.
Define domicile. What are the modes of
acquiring domicile. (June 2010)
8.
Explain the law relating to ‘domicile’ (June 2013)
9.
Define Probate. Explain the procedure
for obtaining probate.
(January 2012)
10. Define
Probate. Explain the procedure for obtaining probate. (June 2013)
11. Define
will and state the limits of testamentary power of a Mohammaden. (June/July 2012)
12. State
the rules of succession applicable to a non-Parsi dying intestate.
(December 2012)
13. State
the rules of succession applicable to a parsi dying intestate. (January 2011)
14. Explain
the procedure for obtaining succession Certificate. (June 2010)
UNIT
– IV Marks : 5
1.
will the estate devolve ? (January 2011)
2. The
testator by the first clause of his will leave estate of Rampur to ‘A’ and by
the last clause of the will to ‘B’ and not to ‘A’. Who will have the legacy ? (January 2011)
3.
A testator draws a line across his will and
writes on the back of it ‘this will is revoked’. Does it amount to revocation
of will ? Marks : 5 (June 2011)
4.
‘A’ an Indian Christian dies leaving behind two
sons and a daughter. Distribute the property. (June 2011)
5.
A Hanafi Muslim dies leaving behind his father
and son. Distribute the property. (January 2012)
6.
A Male Parsi dies leaving behind his widow, Son,
Daughter, Father and Mother. Divide the estate. (January 2012)
7.
A Hanafi Mohammaden, dies leaving behind his
mother, father’s father and father. Assign this shares. (June/July 2012)
8.
A having domicile in India, dies in France
leaving movable property in France, movable property in England and both
movable and immovable properties in India. State the law by which succession of
his property is regulated.
(June/July 2012)
9.
A Hanafi Muslim dies leaving behind his widow
and father. Distribute the property. (December 2012)
10. An
Indian christian dies leaving behind his mother, brother and sister. Distribute
the property. (December
2012)
11. A
Mohammaden dies leaving behind his wife, son and a daughter. Assign their
shares. (June 2010)
12. An
Indian Christian dies intestate leaving behind his widow, son and two sons of a
pre-deceased son. Assign their shares. (June 2010)
13. A
Hanafi Muslim dies leaving behind the father, mother and 2 daughters .
Determine their Shares. (June 2013)
14. A
Male Parsi dies leaving behind his widow, son and daughter. Divide the
estate. (June 2013)
UNIT
– V Marks : 15
1.
Explain the different kinds of legacies.
When is a legacy deemed to be adeemed ? (January 2011)
2.
Describe the constitution, powers and
functions of family courts. (January 2011)
3.
Explain the salient features of Family Courts
Act, 1984. (December
2012)
4.
Define will. Explain how privileged
will is executed ? (June
2011)
5.
Define privileged will. State the rules
for executing privileged will. (June/July 2012)
6.
State the rules for execution of
unprivileged will. (June 2010)
7.
What are the rules for execution of an unprivileged
will ? (June 2013)
8.
State the different rules for construction
of Wills. (December 2012)
9.
Discuss the need for Uniform Civil
Code. (June 2011)
10. Explain
briefly the different kinds of bequests. (January 2012)
11. Who
is a Curator ? When he shall be appointed ? What are his powers
and duties ? (January
2012)
12. Who
is a Curator ? When he shall be appointed ? What are his powers
and duties ? (June 2013)
13. Define
specific legacy. Distinguish it with demonstrative legacy. (June/July 2012)
14. Define
Specific Legacy. Distinguish it with Demonstrative Legacy. (June 2010)
UNIT
– V Marks : 5
1.
Write a note on void Bequest. Marks : 5 (January 2011)
2. Write
a note on powers of curator. (January 2011)
3.
Write a note on Curator. (December 2012)
4.
Write a note on unprivileged wills. Marks
: 5 (January 2012)
5.
Write a note on functions of family courts. (January 2012)
6.
Write a note on specific legacy. (December 2012)
7.
Write a note on demonstrative legacy. (June 2013)
8.
‘A’
bequeaths to ‘B’ Rs. one lakh to be paid at the death of ‘C’. A dies and is
survived by ‘B’ and ‘C’. When does the legacy vest in ‘B’ ? Marks : 5 (June 2011)
9.
A sum of money is bequeathed to ‘A’ on his
completing his eighteenth year and in case of his death, before he completes
his eighteenth year, to ‘B’. ‘A’ completes his eighteenth year and dies in life
time of the testator. Does the legacy for ‘A’ lapse ? (June 2011)
10. ‘A’
has made an unprivileged will. Later, he being entitled to make a
privileged will, makes a privileged will. Does it revokes the unprivileged will ? Marks : 5 (June/July 2012)
11. A
legacy is made to ‘A’ and ‘B’. ‘A’ dies before the testator. What is the effect
of the legacy ? (June/July
2012)
12. ‘A’
a mariner of a ship in the course of voyage, is temporarily on shore while the
ship is lying in harbor. Can he make a privileged will ? (June 2010)
13. A
bequest is made to ‘A’ and ‘B’. ‘A’ dies before the testator. Examine the
effects of the bequest. (June 2010)
14. A
bequest is made to ‘A’ and ‘B’. ‘A’ dies before the testator. Examine the
effect of the bequest. (June 2013)
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