LL.B. (Three Years) Sem 3 Family Law 2 Apr 2026 75/25 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 in not more than two sentences (Any Six) 12 Marks

1. (a) Define expression Benamidar" as defined under the Benami Transaction Act, 2016
   Read the model answer
2. (b) Discuss Alimony pendente lite under the Special Marriage Act, 1954
   Read the model answer
3. (c) Who is Karta? Write any three functions of Karta.
   Read the model answer
4. (d) Define the expressions agnate and cognate as defined under the Hindu Succession Act 1956
   Read the model answer
5. (e) What do you mean by Matrilineal and Patrilineal Joint Family?
   Read the model answer
6. (f) Define the expression "Intestate" as defined under Hindu Succession Act 1956.
   Read the model answer
7. (g) Define the term "children" under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
   Read the model answer
8. (h) Define the expressions "full blood" and "half-blood" as defined under the Hindu Marriage Act, 1955
   Read the model answer

Q.2 Write Short Notes on (Any Two) 12 Marks

1. (a) Doctrine of Pious Obligation
   Read the model answer
2. (b) Disqualifications relating to Succession to Property under Hindu Succession Act
   Read the model answer
3. (c) Modes of Partition
   Read the model answer
4. (d) Maintenance of widowed daughter-in-law
   Read the model answer

Q.3 Solve Any Two (with reasons) 12 Marks

1. (a) A and B, both Hindus, solemnized their marriage on 15 March 2025 under the provisions of the Special Marriage Act, 1954, after giving due notice and complying with all procedural requirements. At the time of marriage A was already married to C, whose marriage with A had not been dissolved by any decree of divorce or by death of C. A concealed this fact from B and the Marriage Officer. B came to know about A's subsisting marriage with C only in October 2025.
   • (i) What is the status of the marriage between A and B under the Special Marriage Act, 1954? Explain with reasons.
   • (ii) What remedy is available to B in this case?
   Read the model answer
2. (b) Ramesh and Sita, both Hindus, were married in 2018. They have a 7-year-old son named Aryan. In 2024, Ramesh and Sita got divorced by mutual consent. After divorce, Aryan continued to live with his mother Sita. In January 2026, Sita remarried and shifted to another city with Aryan. Ramesh, the biological father, filed an application under the Hindu Minority and Guardianship Act, 1956, seeking custody of Aryan, claiming that as the natural guardian, he has the right to the custody of the minor son. Sita opposed the application contending that it would not be in the welfare of Aryan to shift him to his father's house, as Aryan is deeply attached to her and is doing well in his current school. She further stated that Ramesh had shown very little interest in Aryan even during the marriage.
   • (i) Who is the natural guardian of Aryan under the Hindu Minority and Guardianship Act, 1956? Whether natural guardian has an absolute right to the custody of Aryan?
   • (ii) In deciding the question of custody, what is the paramount consideration before the Court under the Hindu Minority and Guardianship Act, 1956?
   Read the model answer
3. (c) Ramesh (aged 68 years) and his wife Suman (aged 65 years) are senior citizens. They have two sons, Anil and Sunil. Ramesh and Suman transferred their only residential flat, worth Rs 80 lakhs, in the name of their elder son Anil in 2022, on the oral assurance that Anil would maintain them and provide them shelter for the rest of their lives. After the transfer, Anil started neglecting his parents. He refused to provide them with any maintenance, frequently abused them verbally, and asked them to leave the flat.
   • (i) What remedy do Ramesh and Suman have?
   • (ii) Does the transfer of property by parents to their children create any obligation on the children to maintain their parents?
   Read the model answer
4. (d) A, a Hindu female, died intestate, leaving behind two children, a son (S) and a daughter (D), along with her mother (M) and widower (W).
   • (a) How will A's property devolve in this case?
   • (b) In the above situation, if S predeceases A, leaving behind two daughters (DD1 and DD2) and his widow (SW), how will A's property be distributed?
   Read the model answer

Q.4 Answer in Detail (Any Three) 39 Marks

1. (a) Explain the concept of Mitakshara and Dayabhaga Joint Family.
   Read the model answer
2. (b) Discuss the law on Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956.
   Read the model answer
3. (c) Examine the legal capacity of Hindu males and females to adopt, and analyse the requisites of a valid adoption under the Hindu Adoptions and Maintenance Act, 1956,
   Read the model answer
4. (d) Analyse the applicability of the Special Marriage Act, 1954, the essential conditions for solemnization of marriage under the Act, and critically evaluate the efficacy of divorce as a matrimonial relief, with reference to relevant provisions and judicial pronouncements.
   Read the model answer
5. (e) Discuss the concept, need, and challenges of implementing a Uniform Civil Code in India.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.