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BLS LLB 5 Years Sem 6 Family Law I May 2012 Question Paper with Solutions

Mumbai University Solved Question Papers

Family Law I

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 6

May 2012 Examination

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Mumbai

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First published on munotes.in on 17 October 2026.

This edition revised 30 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The question paper reproduced here is the paper as set by the University of Mumbai at the May 2012 examination.

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The Paper as Set

The questions in this volume are the questions asked at the May 2012 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 3 hours  ·  Total marks 100  ·  25 questions answered

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

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SECTION I

Answer in one/two sentence/s, all 10 20 Marks

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1.What is talaq-e-tafweez ?[2]

Answer

It is called talaq-e-tafwid (also written tafweez or tufweed), the delegated divorce.

Meaning. Under Muslim law, the husband holds the power of talaq. He may delegate that power to his wife, or to a third person. She may then pronounce talaq on herself, and it takes effect as his talaq.

Why it is allowed. Muslim marriage is a contract, and the parties may add lawful terms. The power of divorce is the husband's, so he may delegate it.

How it is made.

  1. Only the husband may delegate.
  2. It may be done at the marriage, usually in the kabinnama (marriage deed), or later.
  3. No set form is needed, but a written term is safest.

Its forms.

  1. Ikhtiar (choice), classically to be used at once.
  2. Amr-bil-yad (in your hand), usable when she chooses.
  3. Mashiat (at your pleasure).
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Absolute or conditional. It may be absolute, or arise only on a condition. Common conditions are that the husband takes a second wife, or fails to maintain her.

Authority. In Buffatan Bibi v. Sheikh Abdul Salim (Calcutta, 1950), the court upheld such a delegation in a kabinnama as valid and binding. A wife using it must clearly prove that the condition was met.

Effects.

  1. No court, and no fresh consent from him, is needed.
  2. She keeps her dower, and observes iddat.
  3. The husband keeps his own power to divorce.

Example. The kabinnama lets Rubina divorce herself if her husband takes another wife. He does, and she pronounces talaq.

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