University of Delhi 2010 L.LB General lb-105 family law-i - Question Paper

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2.    Examine the validity of the following marriages under Hindu Law and Muslim Law :

(a)    Marriage between son and daughter of two brothers.

(b)    A, a widower marries his deceased wifes unmarried sister.

(c)    Marriage of maternal uncle and niece-

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(d) A, marries a widow, aged 16 years while she is pregnant.    

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3. Ravi and Madhu were married in 1988, when the latter was 14 years old. In 1996, Ravi converted to Islam and became Rahim and married his old school mate Soha and lived happily with her. Madhu prosecuted him for bigamy and Ravi took the defence that his second marriage under Muslim Law is not bigamous, he had committed no offence. Decide.

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4. Mohan, a Hindu, working as an officer in a company in Delhi marries Deepa, a college lecturer in Sonipat. After their marriage, Mohan wants Deepa to leave her job and join him at Delhi but she declines to leave her job stating that she has no objection to join him at Delhi, during her holidays and he is also welcome to come over to her at Sonipat at any time. Mohan does not agree to this and insists that after marriage Deepa, being his wife, has to obey his order. Mohan files a petition for restitution of conjugal rights against Deepa. Would, Mohan succeed? Decide with reference to Case law.

State briefly that how decree of restitution of conjugal rights can lead to decree of divorce.

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5.    Explain who are the natural Guardians of a minor child under Hindu Law. Can the mother of the child act as its guardian in presence of its father.

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6.    Yusuf, a Muslim, goes to see Rehana, his wife, when she was living with her parents without her consent. A heated argument ensues between them and she refused to return to her matrimonial home. Yusuf came back and in fit of anger, in the presence of his mother and father, he uttered the words giving talaq to his wife three times. After few months Rehana was brought to Yusufs house by her parents and Yusuf accepted her back and later two children born to them. Discuss.

(a)    Whether the pronouncement made by Yusuf can operate as a valid Talaq?

(b)    Whether the children are legitimate ? Will it make any difference in your answer

(i)    If Yusuf and Rehana has remarried immediately after the said pronouncement of Talaq.

(ii)    If Yusuf had made a single pronouncement.

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Sohail married Gazala in 1995, when she was 12 years old. Two years later owing to some misunderstanding Gazala left matrimonial home. Thereafter Sohail married Razia in 1998. Subsequently in 1999 Gazala filed a petition for divorce on the following grounds:

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(a)    Failure to maintain her by husband for a period of two years.

(b)    Option of puberty

(c)    Cruelty

How will you decide ?

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8. Examine the validity of following adoptions under the

Hindu Adoption and Maintenance Act, 1956.

(a)    Sonia, a girl aged 12 years is a child widow. Sohan aged 40 years wants to adopt her.

(b)    Sumitra, a Hindu female, aged 25 years, divorced by her husband adopts an orphan boy aged 4 years whose religion can not be ascertained.

(c)    Arjun, a bachelor Hindu, 30 years old, adopted a 8 years old girl, named Sonam. Subsequently he married Kamini. Point out the relationship of Sonam and Kamini.

(d)    Devdutt, a Hindu male, who has divorced his wife gives his only son in adoption without the consent of his wife.

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