BLS LLB 5 Years Sem 7 Family Law II 2025-26 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory 2. Figures on the right indicates marks 3. Give reasons and case laws wherever necessary 4. Please check whether you have got right question paper.

Q.1. Answer Any Six Questions in one or Two Sentences 12 Marks

1. (1) Define the Expression "sapinda relationship" as defined under the Hindu Marriage Act, 1955.
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2. (2) Define "maintenance" as defined under the Hindu Adoptions and Maintenance Act, 1956
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3. (3) Explain Disqualifications relating to succession under the Hindu Succession Act, 1956
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4. (4) What do you mean by Sanskritization and Westernization?
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5. (5) What is presumption in case of simultaneous death?
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6. (6) Discuss in brief the concept of Maitri Sambandh.
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7. (7) Write any two conditions of valid marriage under Hindu Marriage Act, 1955
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8. (8) Write names of the approved and disapproved forms of Marriages under uncodified Hindu Law.
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9. (9) Write any two salient features of Family Courts Act, 1984
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10. (10) What do you mean by matriarchal and patriarchal family?
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Q.2. Write Short Notes on Any Two 12 Marks

1. (1) Constitutional Validity of Restitution of Conjugal Rights under the Hindu Marriage Act, 1955
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2. (2) In Camera Proceedings
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3. (3) Powers of natural guardian under the Hindu Minority and Guardianship Act, 1956
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4. (4) Alimony pendente lite and permanent alimony under the Hindu Marriage Act 1955
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Q.3. Answer Any Two of the Following 12 Marks

1. (1) "P", a Hindu male died intestate leaving behind his three sons A, B and C. C had converted to Islam during the life time of his father P.
   • (a) How will P's property devolve in this case.
   • (b) In the above circumstance, if C died during the life time of P, leaving behind three sons, CS1, CS2 and CS3, and all of them are born before the conversion of C. How will the property devolve?
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2. (2) Rita and Rajesh, both Hindus, were married in 2018 according to Hindu rites. After the birth of their son in 2020, their relationship deteriorated due to frequent disputes. In January 2023, Rajesh deserted Rita and started living with his parents in Pune. He stopped providing any financial support to Rita, who was then residing in their matrimonial home in Mumbai with their minor son. Rita, filed for maintenance under the Hindu Adoptions and Maintenance Act, 1956. Rajesh contends she is living separately without valid reason.
   • (a) Is Rita entitled to claim separate maintenance? Discuss the conditions under the Hindu Adoptions and Maintenance Act, 1956.
   • (b) What factors should the court consider while determining the quantum of maintenance for Rita and her child?
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3. (3) A Hindu Karta of a Joint Family wants to effect the partition of ancestral property. In this situation, answer the following.
   • (a) If the wife of a coparcener was pregnant at the time of partition, is the child in the mothers womb entitled to demand his share upon birth?
   • (b) If the daughter of a coparcener was pregnant at the time of partition, can the child, if born alive, demand his share in the property?
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4. (4) Ramesh and Sunita, Hindus, have a minor son Aryan. Ramesh appointed his brother Mahesh as testamentary guardian in his Will before his death in 2024. After his death, Sunita (the surviving mother) continued to care for Aryan and later appointed her sister Priya as guardian by her own Will. Mahesh claims custody and control over Aryan and his property based on Ramesh's Will, while Sunita opposes it, stating her rights as natural guardian and the welfare of the child.
   • (a) Is Mahesh's appointment as testamentary guardian valid under the Hindu Minority and Guardianship Act, 1956? Can he act as guardian during Sunita's lifetime?
   • (b) Can Sunita appoint Priya as testamentary guardian? In case of conflict, whose claim prevails and why, considering the welfare of the minor?
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Q.4. Answer Any Two from the Following 24 Marks

1. (1) Explain in detail the grounds for divorce under the Hindu Marriage Act, 1955.
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2. (2) Discuss the Requisites of a valid adoption. Explain Persons capable of giving in adoption Describe the effects of valid Effects of adoption under the Hindu Adoptions and Maintenance Act, 1955.
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3. (3) Discss the matrimonial relief of Nullity of Marriage under the Hindu Marriage Act, 1955. Explain the Legitimacy of children of void and voidable marriages under the Hindu Marriage Act, 1954.
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4. (4) Discuss the law on Succession to property of Hindu male dying intestate under the Hindu Succession Act 1956.
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