LL.B. (Three Years) Sem 3 Family Law II Jan 2024 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

I I Answer in one or two sentences each. (Any 6), any 6 of 8 12 Marks

1. 1. What is the meaning of Escheat?
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2. 2. Define Domestic Relationship.
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3. 3. What do you mean by Avyavaharika and Antecedent debts.
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4. 4. Define Monetary relief under the Protection of Women from the Domestic Violence Act, 2005.
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5. 5. Give any three powers of Marriage officer under the Special Marriage Act, 1954.
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6. 6. Define 'benami transaction' under the Benami Transaction Prohibition Act, 2016.
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7. 7. Define Senior Citizen.
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8. 8. Mention the duties of the Family Courts.
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II. II. Short Notes. (Any 2), any 2 of 4 12 Marks

1. 1. Sapinda Relationship and Prohibited Relationships.
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2. 2. Disqualifications to Succession under the Hindu Succession Act.
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3. 3. Void marriage under Special Marriage Act, 1954.
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4. 4. Prohibition on Benami transactions.
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III. III. Solve the following. (Any 2), any 2 of 4 12 Marks

1. 1. Smt. Rajouri Devi (Plaintiff), daughter of late Sri Giriraj Kumar had filed a civil suit in the Trial Court against her brothers (Defendants) for partition and for recovery of one-fourth share from the suit properties. These properties comprised of immovable properties and movable properties like deposits in banks and investment in shares held in the names of defendants. Her contention was that her father was a man of substantial means and had purchased these properties out of his sources. These properties were acquired benami in the names of her brothers. Therefore, she was entitled to one-fourth share in all the properties. a. Mere a financial assistance given by the someone to another to acquire the property should be determined as Benami transaction? Give reason and explain in the above stated facts. b. The burden of proof that the apparent purchaser is not the real owner lies on whom?
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2. 2. Kalki married Vishwa in 2013. They were living together till 2020. Due to constant fights Kalki filed a divorce in Family Bandra court. a. What is the objective of the family court? what approach the family court should take in this case. b. What are the provisions for the association of the social welfare agencies and counsellors?
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3. 3. Suraj And Mohan are two friends who died in a car accident. Suraj died intestate leaving behind his wife, son and old parents. Mohan also dies but leaving behind a will. a. How will property devolve in case of Suraj? b. What is the difference between Intestate and testamentary Succession?
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4. 4. Ana and Benjamin are married under the Christian marriage Act, 1872. They sought for divorce by mutual consent under the Special marriage Act, 1954. a. Can they be granted divorce under the Special marriage Act, 1954? b. What are the provisions given in Special marriage Act, 1954 regarding mutual consent?
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IV. IV. Answer the following (Any 3), any 3 of 5 39 Marks

1. 1. Need for Uniform Civil Code in India. Discuss its advantages and challenges to implement it.
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2. 2. Discuss the Ancient and Modern sources of Hindu Law.
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3. 3. Discuss the reliefs under the Domestic Violence Act, 2005.
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4. 4. Discuss the laws relating to the succession of Hindu Male dying Intestate under the Hindu Succession Act, 1956.
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5. 5. Discuss the types of guardians under the Hindu Minority and Guardianship Act, 1956 with relevant case laws.
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