Mumbai University Solved Question Papers
Family Law II
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 7
Nov 2011 Examination
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BLS LLB 5 Years Sem 7 Family Law II Nov 2011 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
This edition revised 6 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2011 examination.
The answers in this volume state the law as it stands today, not as it stood when the paper was set, and in this subject three amendments and two new codes do the work. The Hindu Succession (Amendment) Act, 2005 made a daughter a coparcener by birth, abolished survivorship and the pious obligation for later debts, and omitted Sections 23 and 24, so a remarried widow is no longer disqualified from inheriting; the Personal Laws (Amendment) Act, 2010 rewrote Section 8 of the Hindu Adoptions and Maintenance Act so that a married woman may adopt with her husband's consent, where before she could not adopt at all, and gave the father and mother an equal right to give a child in adoption; and the Personal Laws (Amendment) Act, 2019 removed leprosy as a ground of divorce and as a ground of separate maintenance. The older papers here were set before some of those changes and are answered on the law as amended, with the date of the change given. Where a question turns on the criminal law, the answers give the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 and name the section of the Indian Penal Code or the Criminal Procedure Code that each replaced, and they record that adultery ceased to be an offence in Joseph Shine in 2018 while remaining a ground of divorce.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2011 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2011 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.
1.
1. Answer in not more than two sentences, all 10 20 Marks
(a)State any two disqualifications for a person to act as a guardian.[2]
Answer
Two disqualifications are stated in the proviso to section 6 of the Hindu Minority and Guardianship Act, 1956. No person is entitled to act as the natural guardian of a minor if he or she has ceased to be a Hindu, or if he or she has completely and finally renounced the world by becoming a hermit or an ascetic.
Both are absolute. Once either is established the person is out, and no court can restore him as natural guardian while the condition lasts.
A third disqualification is wider than either. Section 13(2) provides that no person shall be entitled to the guardianship by virtue of this Act, or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor. So the court may refuse the very person the Act names, and it does so whenever the child's interest requires it.
A fourth, for the guardian appointed by a court. Section 39 of the Guardians and Wards Act, 1890 lets the court remove a guardian for abuse of trust, continued failure to perform his duties, incapacity, ill-treatment or neglect of the ward, contumacious disregard of the court's orders, conviction of an offence implying a defect of character, having an interest adverse to the ward, ceasing to reside within the court's jurisdiction, or bankruptcy or insolvency where the guardianship is of property.
What is not a disqualification. Poverty on its own, and remarriage of the mother on its own, are not. Each is a fact the court weighs under the welfare test in section 13, and neither operates automatically.
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