BLS LLB 5 Years Sem 7 Family Law II 2019-20 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All question are compulsory. 2. Figure to the right indicates full marks. Please check whether you have got the right question paper.

Q.1 Paper A (Q.P. Form 60719): Answer the following (not more than two sentences) 20 Marks

1. (a) When two persons are said to be related to each other by half-blood?
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2. (b) State two grounds of void marriage under Hindu Marriage Act.
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3. (c) What is escheat?
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4. (d) Who can give a son or daughter in adoption under Hindu adoption and Maintenance Act?
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5. (e) When a Hindu wife is disqualified to claim maintenance from her husband under Hindu Adoption and Maintenance Act?
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6. (f) State two bars to matrimonial reliefs under Hindu Marriage Act.
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7. (g) Who can reunite after partition?
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8. (h) What is the punishment for demanding dowry?
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9. (i) What is punishment for attempt to commit sati?
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10. (j) What is matriarchal family?
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Q.2 Paper A: Write short notes on (any four) 20 Marks

1. (a) Restitution of Conjugal Rights
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2. (b) Presumption in case of simultaneous death
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3. (c) Maintenance of children and aged parents under Hindu Adoption and Maintenance Act
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4. (d) Testamentary guardian and his powers
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5. (e) Ancestral Property
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6. (f) Camera proceedings
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Q.3 Paper A: Answer the following giving reasons (any two) 12 Marks

1. (a) A and B both Hindus married under the Hindu Marriage Act. However, subsequently A discovered that at the time of marriage B was pregnant by some other person.
   • (i) What is the status of above marriage between A and B?
   • (ii) What is the limitation period to bring any action by A against B?
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2. (b) How will property of A, a Hindu male devolve in case he died intestate?
   • (i) If A is survived by his son S, widow of a predeceased son SW, children of predeceased daughter DS and DD.
   • (ii) If A is survived by his father F, mother M, son S, widow of a predeceased son SW, children of predeceased daughter DS and DD.
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3. (c) A, a Hindu widow, had a son B. B ceases to be Hindu by converting to some other religion, thereafter A takes another son C in adoption. After adopting C, A remarried D.
   • (i) Whether C's adoption by A is valid?
   • (ii) What will be the relation between C and D?
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Q.4 Paper A: Answer the following (any four) 48 Marks

1. (a) What are ate the grounds of voidable marriage under Hindu Marriage Act, 1955? Distinguish between void and voidable marriages.
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2. (b) Who is the natural guardian and what are his rights under Hindu Minority and Guardianship Act, 1956?
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3. (c) Discuss conditions of a valid adoption under Hindu Adoption and Maintenance Act, 1956?
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4. (d) Explain the term partition and the various mode of effecting partition.
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5. (e) Discuss concept and formation of joint Hindu family. What are the rights of coparceners?
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6. (f) Discuss Uniform Civil Code with relevant case laws.
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Q. 1 Paper B (Q.P. Form 77630): Answer the following (Not more than two sentence) 20 Marks

1. (1) State the difference between agnate and cognate
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2. (2) What is the doctrine of factum valet? Give one e.g.
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3. (3) What is Sapratibandha daya?
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4. (4) Explain the term ancestral property.
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5. (5) What is escheat?
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6. (6) What is the punishment for abetment of sati?
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7. (7) Explain the term polygamy and polyandry
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8. (8) Explain the terms modernization and sanskritization.
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9. (9) Explain the terms patriarchal and matriarchal family.
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10. (10) What is interim maintenance?
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Q. 2 Paper B: Short Note on Any four 20 Marks

1. (1) Maintenance
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2. (2) Natural Guardian
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3. (3) Jurisdiction of Family court
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4. (4) Essentials of a valid Hindu marriage
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5. (5) Schools of Hindu Law
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6. (6) Sapinda Relationships
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Q. 3 Paper B: Solve (any two) of the following 12 Marks

1. (1) 'A' and 'B' are married under the Hindu Marriage Act. After having a son, the wife converts to Christianity.
   • (i) Can the wife obtain a divorce on the grounds of her conversion under Hindu Marriage Act? Explain
   • (ii) Can the couple seek on divorce by Mutual Consent? Explain.
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2. (2) "A" and "B" who were friends die in an accident 'A' is survived by his wife, father, son and daughter. "B" is survived by his father and mother.
   • (i) How will 'A's' property devolve?
   • (ii) How will 'B's' property devolve?
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3. (3) 'A' and 'B' both Hindu girls are friends. 'A' a 25-year old unmarried girl wants to adopt a five-year old boy. 'B' who is 27 years of age wants to adopt a girl of 3 years.
   • (i) Can 'A' adopt the boy? Why?
   • (ii) Can 'B' adopt the girl? Why?
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Q. 4 Paper B: Answer any four 48 Marks

1. (1) What are the rights and duties of coparceners? Explain can a daughter b copacenor under Hindu Succession Act 1956?
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2. (2) Discuss Cruelty as a ground for divorce under the Hindu Marriage Act.
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3. (3) Elucidate the object of Adoption and capacity male Hindu to take an adoption under Hindu Law.
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4. (4) Discuss in detail "Guardianship" under Hindu Minority and Guardianship Act.
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5. (5) Define the term Partition. Explain in detail the modes affecting partition.
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6. (6) Explain Void and Voidable Marriages and distinguish between them.
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