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Conflict of Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2012 Examination
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LLB 3 years Sem 6 Conflict of Laws Dec 2012 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Dec 2012 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Dec 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2012 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.
Q.1
Q.1: Answer the following questions very briefly
20 Marks
(a)What is meant by 'prohibited degree of consanguinity and affinity' in the contract of marriage?[2]
Answer
Consanguinity means relationship by blood, through a common ancestor, as between a brother and sister or between first cousins. Affinity means relationship by marriage, as between a man and his brother's wife. Persons who are too closely related in either way may not marry each other. They are said to be within the prohibited degrees, and a marriage between them is usually void.
The Indian definition. Section 3(g) of the Hindu Marriage Act, 1955 says two persons are within the "degrees of prohibited relationship":
- "if one is a lineal ascendant of the other" (consanguinity);
- "if one was the wife or husband of a lineal ascendant or descendant of the other" (affinity);
- "if 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" (affinity); or
- "if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters" (consanguinity).
Relationship includes half or uterine blood, illegitimate blood relationship, and relationship by adoption (Explanation). Such a marriage is void, unless a custom or usage governing each party permits it (sections 5(iv) and 11). The Special Marriage Act, 1954 lists the prohibited relations in its First Schedule (section 2(b)).
In the conflict of laws the prohibited degrees are a question of capacity. So they are decided by the law of each party's domicile, not the law of the place of marriage. In Sottomayor v. De Barros (No 1), (1877) 3 PD 1, first cousins domiciled in Portugal married in London. Their marriage was void, because Portuguese law forbade it.
Conclusion. The prohibited degrees of consanguinity and affinity are the close blood and marriage relationships within which a marriage is forbidden and void.
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