GGSIPU THIRD SEMESTER [LLB] NOVEMBER – DECEMBER 2017 Family Law-I Semester Exam Papers
END TERM EXAMINATION
THIRD SEMESTER [LLB] NOVEMBER- DECEMBER 2017
Paper Code: LLB 201 Subject: Family Law-I
Time : 3 Hours | Maximum Marks : 75
Note: Attempt any five questions including Q. No. 1 of Part A which is compulsory. Select one question from each unit in Part B.
Part-A
Q. 1. Write notes on: (5×5=25)
a) Desertion as ground for divorce under the Hindu Marriage Act, 1955.
b) Divorce by Mutual Consent under Hindu and Muslim Law.
c) Option of puberty under Hindu and Muslim Law.
d) Inter country adoption
e) Surrogacy
Part-B
Unit-I
Q. 2. Discuss the status of following marriages under the Hindu Marriage Act, 1955. (12.5)
a) X marries Z after embracing Islam while his first wife W is alive.
b) A marries his brother’s widow under a custom having the force of law.
c) M, a boy, aged 10 years, marries R, a girl, aged 9 years.
Substantiate your answers with legal provisions and case law. if any.
Q. 3. Radha and Ajay got married at Delhi as per Hindu rites in 2008. They remained happy together for more than a year and a son was born to them, in 2009. In 2010, Radha went to her parent’s house and did not allow to Ajay to meet their son and decided to come back only when Ajay bought a separate house away from his parents. But Ajay wanted to stay with his ailing parents being the only son to look after them. Moreover, Ajay loved his wife and son and always wanted them to come and stay with him. In 2011, Ajay filed the petition for restitution of conjugal rights alleging that his wife has withdrawn from his society without any reasonable excuse. Decide. What would happen if Ajay procures a decree of restitution but never gets his wife and son back to him?
Substantiate your answer with the provisions of the Hindu Marriage Act, 1955 and judicial pronouncements. (12.5)
Unit-Il
Q. 4. Write notes on the following: (6.5+6=12.5)
a) Essentials of valid Nikah (Marriage)
b) Mehr (Dower)
Q. 5. Discuss various forms of talaq under Muslim law and critically analyse the debate and the version of the apex court on triple talaq. (12.5)
Unit-III
Q. 6. Discuss the validity of the following adoptions under the Hindu Adoptions and Maintenance Act, 1956 in the light of the capacity to adopt under the Act.
a) Smita, an unmarried woman aged 25, adopts a son who is of 13 years of age.
b) Rajesh adopts a daughter without the consent of his wife. Briefly explain the effect of a valid adoption. (12.5)
Q. 7. What are the provisions relating to maintenance to a woman under Hindu and Muslim laws? Do you feel that these provisions are adequate? Critically analyse. (12.5)
Unit-IV
Q. 8. Despite the fact that we have ushered the era of digitalization and ready to conquer the inaccessible planets but still India is a land where domestic violence is rampant, and it seems that modernism and digital era lost the meaning under the garb of family issues. Do you agree?
Discuss in the light of the rationale behind the implementation of Protection of Women from Domestic Violence Act, 2005 and its provisions. (12.5)
Q. 9. Write notes on the following: (6.5+6=12.5)
a) IVF as hope of infertility.
b) Same sex marriages in the light of the right to privacy as a fundamental right.