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Family Law II
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 7
Nov 2016 Examination
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BLS LLB 5 Years Sem 7 Family Law II Nov 2016 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 2016 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 2016 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 2016 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
1.Explain the term sanskritarization?[2]
Answer
The paper spells it "sanskritarization". The term is sanskritisation, and it is M.N. Srinivas's.
Sanskritisation is the process by which a low caste, tribe or other group takes over the customs, ritual, beliefs, ideology and way of life of a higher caste, and in particular of a twice-born caste, in order to claim a higher position in the caste hierarchy for itself.
Three features define it.
It is a claim to position within the existing order, not an attack on the order. The group accepts the hierarchy and moves up inside it.
The changes are outward and ritual: giving up meat and liquor, adopting vegetarianism, taking on the sacred thread, observing the higher caste's marriage and mourning customs, employing Brahmin priests, and adopting a higher caste's name.
Recognition takes generations, and the claim is often resisted by those above.
It is not westernisation, which Srinivas used for the changes brought by British rule at every level, in technology, institutions, ideology and values. Sanskritisation moves a group up inside the old order; westernisation changes the order itself. The two can run in the same family at the same time.
Where it shows in family law. A community that sanskritises often abandons its own customs, such as divorce by custom, widow remarriage, or a matrilineal rule of descent, and adopts the stricter practice of the higher castes. That matters, because section 29(2) of the Hindu Marriage Act, 1955 preserves rights recognised by custom, and section 17 of the Hindu Succession Act, 1956 preserves the marumakkattayam and aliyasantana systems. A custom that a community has abandoned becomes very hard to plead and prove.
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