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BLS LLB 5 Years Sem 7 Family Law II Dec 2017 Question Paper with Solutions

Mumbai University Solved Question Papers

Family Law II

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 7

Dec 2017 Examination

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Mumbai

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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 Dec 2017 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.

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The Paper as Set

The questions in this volume are the questions asked at the Dec 2017 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.

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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Q.1.

Q.1. Answer in one or two sentences, all 10 20 Marks

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a)Give two instances when two persons are said to be within prohibited degree of relationship.[2]

Answer

Section 3(g) of the Hindu Marriage Act, 1955 defines the degrees of prohibited relationship in four heads. Any two instances answer the question.

First, lineal ascendants and descendants. Two persons are within the degrees if one is a lineal ascendant of the other: so a man and his daughter, his granddaughter or his mother.

Second, brother and sister, uncle and niece, aunt and nephew. Head (iv) names them expressly, together with the children of a brother and sister, or of two brothers, or of two sisters, so first cousins are within the degrees.

The other two heads, for completeness. Head (ii): one was the wife or husband of a lineal ascendant or descendant of the other, so a man and his son's widow or his step-mother. Head (iii): one was the wife of the brother, or of the father's or mother's brother, or of the grandfather's or grandmother's brother, of the other, so a man and his brother's widow.

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The Explanation widens it, as it does for sapinda relationship: the relationship includes ties by half or uterine blood as well as full blood, by illegitimate as well as legitimate blood, and by adoption as well as by blood.

The consequence. Section 5(iv) forbids such a marriage unless the custom or usage governing each of them permits it, section 11 makes it void, and section 18(b) punishes it with simple imprisonment up to one month or fine up to one thousand rupees or both. The custom must be pleaded and proved.

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