LL.B. (Three Years) Sem 3 Family Law 2 Nov 2022 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory 2. Figures to the right indicate full marks

Q 1. Answer any SIX of the following in not more than two sentences 12 Marks

1. (1) When can a Hindu spouse get a Decree for Restitution of Conjugal Rights?
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2. (2) What is meant by 'Sanskritisation'?
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3. (3) What is meant by Constructive Desertion?
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4. (4) What are the rights of a Child in the Womb?
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5. (5) What is Obstructed heritage?
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6. (6) State difference between Aganate and Cognate.
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7. (7) Who is eligible for Adoption under Hindu Adoption & Maintenance Act, 1-956?
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8. (8) What is the difference between Patrilineal and Matrilineal Family?
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9. (9) Explain Impartible Estate. Give two examples of Impartible Estate.
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10. (10) What is the doctrine of factum valet?
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Q 2. Write short notes on any TWO of the following 12 Marks

1. (1) Divorce by mutual consent under Hindu Marriage Act, 1955
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2. (2) Welfare of Minor to be paramount consideration.
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3. (3) Need for implementing a Uniform Civil Code
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4. (4) Jurisdiction of Family Court.
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Q 3. Answer any TWO of the following (Give reasons for your answers) 12 Marks

1. (1) Mohan dies intestate, leaving a son, his widow, mother, and brother -
   • (i) How will Mohan's property devolve on these relatives?
   • (ii) If Mohan had only father, mother, brother, and sister, then how would his property devolve upon them?
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2. (2) Aman, a Hindu male, married Vidya as per Hindu Rites. A son, Vihar is born to them. Later Aman abandons Vidya and marries sarita.
   • (i) What is the status of second marriage of Aman?
   • (ii) What are the rights available to Vidya and her son, Vihar under Hindu Marriage Act, 1955?
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3. (3) Ashok, a Hindu male, married to Asha, a Hindu female under the Hindu Marriage Act, 1955. Thereafter a son 'S' is born to them. After 2 years of marriage, Ashok changes his religion.
   • (i) Who is entitled to Divorce on the ground of such conversion?
   • (ii) In this case who will be natural guardian of 'S'?
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4. (4) Amar, a common ancestor constitutes a Mitakshar Coparcenary with his two sons Ameet and Sumit. Ameet has one daughter and Sumit has two sons.
   • (i) What are the rights of the children of Ameet and Sumit in the coparcenery?
   • (ii) If Ameet was an Advocate, will his earnings as an Advocate be part of the coparcenary property? Explain.
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Q 4. Answer any TWO of the following 24 Marks

1. (1) Write a note on position and powers of a karta in Hindu Joint Family.
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2. (2) Explain in brief the capacity of a Hindu female to take a child in adoption under Hindu Adoption and Maintenance Act, 1956.
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3. (3) Explain in brief the changes brought about by Hindu Succession (Amendment) Act, 2005.
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4. (4) Briefly explain the evolutions of the institution of marriage and discuss the conditions of a valid Hindu Marriage under the Hindu Marriage Act, 1955.
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