KSLU Solved Question Papers
Family Law II (Mohammedan Law and Indian Succession Act)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2016 Dec Examination
munotes.in
Mumbai
KSLU Solved Question Papers
Family Law II (Mohammedan Law and Indian Succession Act)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2016 Dec Examination
munotes.in
Mumbai
First published on munotes.in on 21 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2016 Dec examination.
The questions below are the paper as Karnataka State Law University set it at the 2016 Dec examination, in the order it was set.
MarksPage
The questions in this volume are the questions asked at the 2016 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Answer
For full marks, cover: the nature of nikah as a civil contract with a religious colour; the essentials grouped under three questions: who may marry (puberty, sound mind, consent, guardian and option of puberty), whom one may not marry (absolute and relative prohibitions), and how the marriage is made (ijab and qubul at one meeting, witnesses, dower); the classification into valid (sahih), irregular (fasid) and void (batil) with their effects; stipulations in the marriage contract; Shia and Sunni differences; registration and the child marriage law in Karnataka; Abdul Kadir v. Salima, Chand Patel v. Bismillah Begum and Buffatan Bibi v. Sheikh Abdul Salim explained; a conclusion.
Nikah is a contract for the legalisation of intercourse and the procreation of children. In Abdul Kadir v. Salima the Allahabad Full Bench described it as purely a civil contract, not a sacrament. It still has a religious side. The Quran encourages marriage, and it is usually solemnised with a recitation from the Quran. But no ceremony and no priest is legally required.
Because it is a contract, the law asks three questions. Who is able to marry? Whom may a person not marry? How is the contract made? The answers give the essentials.
Absolute prohibitions. A marriage within these is void:
Relative prohibitions. Under Sunni law a marriage within these is irregular, not void:
| Effect | Valid (sahih) | Irregular (fasid), after consummation | Void (batil) |
|---|---|---|---|
| Legal existence | full marriage | exists but is defective; either party may end it by declaration | no marriage at all |
| Dower | yes | yes (proper or specified, whichever is less) | no |
| Children | legitimate | legitimate | illegitimate |
| Iddat | yes | yes | no |
| Mutual inheritance | yes | no | no |
| Maintenance under classical law | yes | no | no |
An irregular marriage becomes valid once the obstacle is removed, for example when the first wife dies or the fifth wife's predecessor is divorced. Shia law has no irregular category. A marriage is either valid or void.
Because nikah is a contract, the parties may add lawful terms. The husband may promise not to take another wife, or to let the wife live with her parents. He may delegate to her a power to divorce herself if he breaks a term. Such terms are valid if they are not against Muslim law or public policy.
Abdul Kadir v. Salima (1886) ILR 8 All 149. A husband sued for restitution of conjugal rights, and the wife resisted for unpaid prompt dower. The Full Bench held that marriage is a civil contract whose pillars are declaration and acceptance. Dower is a legal incident of the marriage, and its mention is not essential to validity. This settles the formal essentials.
Chand Patel v. Bismillah Begum, AIR 2008 SC 1915. A man married his wife's sister while his first marriage subsisted. She later claimed maintenance for herself and her daughter. The Supreme Court held that unlawful conjunction makes the marriage irregular, not void, under Hanafi law. The marriage subsists until lawfully ended, so the wife and child were entitled to maintenance. This shows the effect of a relative prohibition.
Buffatan Bibi v. Sheikh Abdul Salim, AIR 1950 Cal 304. An antenuptial kabinnama allowed the wife to live at her father's house on disagreement and required monthly payments. If the husband failed to pay for six months, she could divorce herself. The Calcutta High Court held that a husband may delegate his power of divorce to the wife, and such a stipulation is valid. The wife must prove that its conditions were fulfilled. This shows the marriage contract carrying binding terms.
A Muslim man may lawfully have up to four wives, but the law does not leave the first wife without protection. Under section 2(viii)(f) of the 1939 Act, a wife may seek divorce where the husband, "if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran".
Itwari v. Asghari, AIR 1960 All 684. A husband took a second wife while the first was living with her parents. When she claimed maintenance, he sued for restitution of conjugal rights. The Allahabad High Court refused the decree. It held that a husband's right to take a second wife does not entitle him to force the first wife back. Restitution is an equitable remedy, and the court will not order it where that would be unjust to her.
| Point | Sunni (Hanafi) | Shia (Ithna Ashari) |
|---|---|---|
| Witnesses | required | not required |
| Irregular marriage | recognised | not recognised; void instead |
| Temporary marriage (muta) | not recognised | recognised |
| Marriage with a kitabia | valid | valid only as muta, on the traditional view |
Some States provide for registration of Muslim marriages, but a marriage is not invalid only because it was not registered. The Prohibition of Child Marriage Act 2006 makes child marriage (girl under 18, boy under 21) an offence to solemnise. In Karnataka, section 3(1A) declares a child marriage solemnised after the State amendment void from the start. A student in Karnataka should state this beside the classical rule on puberty.
Conclusion. A valid Muslim marriage needs competent parties who consent freely and who are free of any prohibition. It also needs a proposal and acceptance at one meeting, witnesses under Sunni law, and dower. Breach of an absolute bar makes it void, and breach of a relative bar makes it irregular, as Chand Patel shows. Abdul Kadir and Buffatan Bibi confirm that the marriage is a contract, capable of carrying lawful terms.
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