Mumbai University Solved Question Papers
Family Law II
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Nov 2013 Examination
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LLB 3 years Sem 3 Family Law II Nov 2013 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 2013 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2013 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 2013 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)What is constructive desertion?[2]
Answer
Constructive desertion is desertion by the spouse who stays. Where one spouse behaves in such a way that the other is forced to leave the matrimonial home, the law treats the one who drove the other out as the deserter, and not the one who walked out.
The reason is that desertion is withdrawal from a state of things, not from a place. What the law looks at is who brought the cohabitation to an end, not who moved house.
The statute supports it. The Explanation to section 13(1) of the Hindu Marriage Act, 1955 defines desertion as desertion without reasonable cause and without the consent or against the wish of the other party, and expressly includes the wilful neglect of the petitioner by the other party. "Wilful neglect" is how the Explanation reaches the spouse who stays in the house and abandons the marriage inside it.
In Bipin Chandra Jaisinghbhai Shah v. Prabhawati (1957) the Supreme Court recognised the principle, holding that desertion is a continuing offence and that the deserting spouse may be the one who remains, if that spouse's conduct is what caused the separation.
What has to be proved is the same as for ordinary desertion: the fact of separation, the intention to end cohabitation, the absence of consent and the absence of reasonable cause, all continuing for the statutory two years. The difference is only in who is fixed with the intention.
The conduct must be grave. Ordinary wear and tear of married life, occasional quarrels or an unpleasant temper will not do; the conduct must be such that no reasonable person could be expected to endure it.
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