Family Law I FYLLB Sem II 20XX (PDF)

## Family Law I **Paper / Subject Code:** 67923 / Family Law I **Time:** 2.5 hours **Total Marks:** 75 **Regular** ### **Question I** Answer the following questions in one or two sentences: (Attempt Any 6) (12 Marks) 1. What is a Will as defined under the Indian Succession Act, 1925? 2. Expl...

## Family Law I **Paper / Subject Code:** 67923 / Family Law I **Time:** 2.5 hours **Total Marks:** 75 **Regular** ### **Question I** Answer the following questions in one or two sentences: (Attempt Any 6) (12 Marks) 1. What is a Will as defined under the Indian Succession Act, 1925? 2. Explain the Doctrine of Option of Puberty? 3. Explain the term De Facto Guardian? 4. What is the difference between 'Intestate succession' and 'Testamentary succession'? 5. What is the prescribed time for solemnizing a Christian marriage? 6. How many witnesses should be present at the time of a Parsi marriage? 7. What is the domicile of origin of an illegitimate child? 8. State the property which the residuary legatee is entitled to after the testator's death? ### **Question II** Write Short Notes (Attempt Any 2) (12 Marks) 1. Kinds of Guardianship 2. Lapsing of Legacies 3. HIBA under Muslim Law 4. Bequest to an Unborn Child ### **Question III** Situational Problem (Attempt Any 2) (12 Marks) 1. Boman, a Parsi, marries Rosy, a Christian girl. a) Can a marriage of a Parsi be solemnized with a non-Parsi? b) Is this marriage valid or void under the Parsi Marriage and Divorce Act, 1939? c) Under which laws can the marriage of the above couple be solemnized? 2. Adil married Zoya. However, Zoya refused his company citing non-payment of Maher. a) Enumerate the kinds of dower (mahr). What is a prompt dower? b) What privileges are available to a Muslim wife for demanding prompt dower? c) Is Zoya justified in refusing her company for non-payment of dower? 3. A Muslim girl, 'Zarin', was married before attaining puberty, by her father's consent. a) What is the competent age of marriage under Muslim law? b) What is the option of puberty? c) Explain the concept of Jabar? 4. A, a Christian, bequeaths a property to B for his life and after his death to C or in his absence to C's children. B & C both survive the testator A. During B's lifetime C dies leaving behind one legitimate son and another illegitimate son. a) On B's death, who will be entitled to the said property? b) If, in the above case, C dies without leaving behind any children, but only his widow, how will the bequest made by A take effect after B's death? c) Explain the effect of lapsing of a legacy. ### **Question IV** Long Answer (Attempt Any 3) (39 Marks) 1. Discuss the provisions relating to construction of wills under Indian Succession Act, 1925. 2. Critically analyse the provision of Talaq under Muslim traditional Law in the light of the Shayara Bano v. Union of India Case. 3. Explain Will? Discuss the various forms of will according to the Indian Succession Act, 1925. 4. Discuss the requisites of a valid marriage: a) Under the Indian Christian Marriage Act, 1872. b) Under the Parsi marriage and divorce Act, 1936. 5. Explain the concept of Sahi, Fasid and Batil marriage under Muslim Law. What is their effect on the legitimacy of a child born out of a fasid or Batil marriage?