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Family Law I
Previous Year Question Paper with Solution
LLB 3 years · Sem 2
Nov 2023 - 60/40 Examination
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LLB 3 years Sem 2 Family Law I Nov 2023 - 60/40 Question Paper with Solutions
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First published on munotes.in on 17 October 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2023 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2023 - 60/40 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 2023 - 60/40 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 2 hours · Total marks 60 · 22 questions answered
Instructions printed on the paper
- N.B: 1. all questions are compulsory. 2. Figures to the right indicate full marks. 3. All question have internal choice.
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.
SECTION I
Q.1. Answer the following in two sentences
Any Six · , any 6 of 10 12 Marks
1.What is Iddat?[2]
Answer
For full marks, cover: the meaning and purpose of iddat; the periods after divorce and after death; the rule for an unconsummated marriage; the effects of iddat (bar on remarriage, maintenance); and a conclusion.
Meaning
Iddat is a waiting period for a Muslim woman whose marriage ends by divorce or death. She may not marry again until it ends.
Its purpose
- To find out whether she is pregnant by the husband, so that the child's paternity is not confused.
- On death, to mark respect for the marriage.
- After a revocable talaq, to allow time for reconciliation.
The periods
After divorce.
- If she menstruates: three courses.
- If she does not: three lunar months.
- If she is pregnant: until delivery.
After the husband's death.
- Four months and ten days.
- If pregnant: four months and ten days or until delivery, whichever is longer.
An unconsummated marriage
- After divorce, there is no iddat, unless there was a valid retirement. She may remarry at once.
- After death, iddat must be observed even if the marriage was not consummated.
Its effects
- No remarriage. She may not marry another man during iddat. Under Sunni law, such a marriage is irregular.
- Maintenance. A divorced wife is entitled to maintenance during iddat. A widow is not.
- Statutory provision. Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 adds a right. A divorced woman gets reasonable and fair provision and maintenance within iddat.
- Revocation. During iddat after a revocable talaq, the husband may revoke it.
Authority
T.K. Moidu Haji v. Konnapalarkandy Mariyam (Kerala, 2006) quoted Mulla for these periods. The Kerala High Court also ruled that iddat maintenance is owed to a divorced wife even without consummation.
Conclusion. Iddat is the waiting period after divorce or death, designed mainly to settle paternity. It bars remarriage meanwhile, and a divorced wife is maintained during it.
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