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FAMILY LAW II ( INTERNAL PYQ'S).pdf

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Document Details

Maharaja Sayajirao University of Baroda

2023

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family law Muslim law legal principles law

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THE FACULTY OF LAW Date: 27" Sept. 2023 MAHARAJA SAYAJIRAO UNIVERSITY OF FS Second LL.B. BARODA Time: 11 a.m. to...

THE FACULTY OF LAW Date: 27" Sept. 2023 MAHARAJA SAYAJIRAO UNIVERSITY OF FS Second LL.B. BARODA Time: 11 a.m. to 12 Note: Write your Subject: Family Law -1I noon Q-1 Choose corrcct option and answer in the answer book write the same in only. Max. Marks:30 ,Ouran, Hadis, Sunna, ljma and answer Qiyas form the body of book: (10 Marks) ) Shariat ) Sunnat Muslim Comman Law is known as... 2 In O personai law Hasan form of talag, the O private Law made pronouncement during the successive intervals o... of talag in relation to )40days ) 60 days ) 90 days non-menstruating wife should be 3 )30 days Jdentify the law which is of the view that oave birth to the child nor illegitimate child has neither maternity in the woman paternity in the father, who begot it..... who ) Sunni Law 0 Shia Law ) Both Shia and Sunni Law 0 none of 4. ldentify the law which these state that an illegitimate child is entitled to maintenance from its mother? ) Maliki ) Hanafi () Shafei ) both Maliki and Hanafi 5. Who of the following advocated that the office the spiritual Leadership of lslam should go by right of appointment and succession? 0 The Shias ) The Sunnis () Hanafi ) Maliki 6. Jdentify the rnode of Talaq in which there must be ihree succesive pronouncements of the formula of divoce 0 Talaq Hasan ) Talac Ahsan () Ila Zihar 7. A marriage of ninor was conuacted by 4 rnoter guardian and the ncarer one is present and such nearer dces not give conset to the nerriage, ie mariage is...... 0 vaodable () valid ovoid Obinding Minor contracted in marriage by the guardian for mariage has the right of... 3. A puberty ) reifying marriage on attaining age of puberty of repudiating marriage only on attaining age 2uaining marriage on age of puberty ) none of these nly ) repudiating or retifying which of the following is 9. Achild born after dissoiution of the marriage is lcgiitate, Shia Law? relevant undex )ifborn within 10 lunar monti 0if born within 2 Iunar yei S 0 if born within 4 lunar years O if born within 1 lunar year 10.ldentify the law under which the liab iity of the husband to maintain a pregnant wife whom t divorces ceases at her confinement.. ) Sunni Law )Shia Law O Hanafi Law (0 Both Sunni and Shie Law Q-2 Fill in the blanks by using correct ward: (5 Msrks) 11. is the primary souce of Muslim Lew, in point of time as well as in 12. Agreement of the jurists among particular question of Law is known as the followers of Prophet Mohammad in a particular age on a importance, 13. In case of talaq., the iddat period of women who is not subject to 14. A sum of money promised by the menstruation is known as husband to be paid to the wife in 15. A bequest in consideration of the marriage is death of the favour of an heir is not valid testator. unless the other heirs tc the Q-3. State whether following statement is bequest after the 16. A gift to a TRUE or FALSE: juristic person is valid. (3 Marks) 17. In case of will the age of years, majority on the part of testator I8. In case of gift who is muslin wil be on of gift will be of corpus then any completion of 15 19. When a rejected as repugnate. condition husband swears by God that he which derogated from absolute dominion over the subject wife, to observe iddat he is said to will not have 20. The make ila. sexual intercourse husband can pronounce taiaq even in the with his wife and leaves the Q-4 Explain birefly: (any one) absence of his wife. (a) Qiyas (b) Dower 0-5. Discuss briefly: (any one) (5 marks) (a) Hiba (b) Will (5 Marks) THE FACULTY OF LAW MAHRAJA SAYAJIRAO Date: 13/09/2023 FS. Second UNIVERSITY OF BARODA LL.B. Internal Subject: Family Law-1l Test-2023 Note: Answer of all questions must be written in answer Time: 3.45 p.m. to 4.45 p.m Exchange of question paper is strictly book only. Do not mark answer of question on theprohibitcd question 0-1. Choose the correction option and write the same inpaper 1. ldentify the school answer book: (10 Marks) which (a) Maliki (b) Hanafi (c) is of the view that law must change with the Both Maliki and Hanafi (d) Shafei changing of time.. 2. Under the Criminal Procedure Code, 1973 the adult son is father, if.. entitled to claim maintenance from his (a) he is only one son (b) he is infirmed or desabled (c) father is no and is unable to maintain himself dependent (d) father liability except son is absolute 3. Under Hanafi Law, an illegitimate child is entitled to maintenance from (a) its m o t h e r a e (b) its father (c) its father's father if father is not alive (d) its mother's mother 4. If the husband is minor (incapable to consummate) and has no source of income, wife is entitled to maintenance from... (a) father or the guardian of the minora (b) minor husband only (c) Her father only (d) Her mother if father is not alive ldentify which of the folowing is not primary source of Muslim Law? 5. (a) The Quran (b) The Urf or Custom (c) The ljma (d) The Qiyas proposal and its witness at the time of view under Sunni Law so far presence of 6. What is the correct acceptance of marriage? (a) two males females (b) twomales or two male and two female one c) two males or three males (d)two females or 1 7. Under Shia Law the father is entitled to the custody of... (a) male child over 2 years and an (b) male child over 7 ycars and unmarried girl of 7 years or more (c) male child over 4 years and unmarried girl who has attained (d) male child over S ycars unmarried girl of 7 years or more puberty and unmarricd girl of 8 years or 8. ldentify the law more the child nor under which an illegitimate child has (a) Shia Law paternity in the father, who begot it... either maternity in the woman (b) Sunni Law (c) Neither who gave birh (d) Sunni nor Shia law Both Shia and Sunni Law 9. ldentify that which determine (a) Maternity (b) Paternity inheritance and a succession of the (c) Both paternal estate in favour of theol (d) Either paternity and maternity paternity or maternity 10. In Hasan form of during the talag, (a) 30 days successive pronouncement intervals of... of talag in relation to (b) 40 days (c) 60 days non-mcnstruating wife should be mad (d) 90 days Q-2. State whether the I1. Imam Malik devoted following 12. Not more his whole statement life is TRUE or by 13. What was than 100 verses of for the study of FALSE: (5 Marks) 14. The 15. Custommajority said or of thedone Quran or upheld in concerned jurisprudence are jurists do not silence the by with legal and principles. Hadith. to be valid must have consider unanimitProphet is technicallyforknown as Sunnat. Q-3. Fill in the general prevalence inytheis a pre-requisite ljma. 16 gape by using correct country. 17. In order to say customis reasoning by ward: 18. In order at to have to be analogy from valid Muslim valid, it should the not be Quran, the Sunnat and the (5 Marks) The dower meeting. 19. payable marriage required that it is opposed to lima,uita on dissolu tion of proposal and acceptance 20. The period of iddat in case of marriage either by death or is must be expressed Q-4. Discuss talaq is divorce known briefly: (any 1. Batil marriage 2. Prompt Dower one) if the woman is subject to aseELO -5. menst(5ruMarks) ation. 1. Explain in brief: (any one) Talaq-ul-Sunnateobai 2. Duration of maintenance o aba j (5 Marks) SLIP NO: THE EXAM SEAT NO. MAHARAJA SAYAJIRAo FIRST SEMESTER UNIVERSITY OF DAY: TUESDAY OF BARODA SECOND LL.B. (GENERAL) DATE: 2nd May, 2023 TIME: 11:00 AM to 2:00 PM Family Law II 1) Who is (LAW4313/LAW4313C13) MAXIMUM MARKS: 70 Muslim? Discuss in detail the OR schools of Shia Law. Enlist the formal Write short note requirements of Valid 2) on any two (Indlan Muslim Marriage. 11 Marks a) Privileged Will Succession Act) 12 Marks b) Specific Legacies and c)Gift in Contemplation Demonstrative of Death Legacies 3) Discuss the legal provisions relating to the OR parentage of Muslim Children. Discuss the maintenance provisions to Muslim Wife under Muslim Women (Protection ot Rights on Divorce) Act, 1986. 12 Marks 4) What are the grounds of divorce available to Parsi Couple under Parsi Marriage and Divorce Act, 1936 OR of it. 11 Marks Write an essay on Uniform Civil Code with your opinion on implementation 5) Write short note on any two (Indian Divorce Act) 12 Marks a) b) Protection Orders Judicial Separation c) Alimony 6) Choose the Correct Option/True or False/Fill in the Blanks property is called Hiba. ! 12 Marks True/False a) The gift of the usufructs of b) Hiba-bil-Iwaz means Gift without consideration i) Gift with Consideration iii) Gift of Undivided Property iv) Gift of separate property c) Testator is a person who Dies without making a will i) will i) Dies after makinga immovable property iii) Dies without leaving ownership of Dies instate property in the implied a iv) the permanent detention of is d) almighty God. Wasiyat Hiba Shuffa iv) Wakf e) What is the general rule with regard to the extent of the property that a Muslim may dispose of by will? i) One third i) Two third ii) One half iv) One fourth ) A private wakf is one for settler's own family and descendants True/False 8) AMutawalli has no power to grant a lease of Wakf Property for any period exceeding thirty years. True/False h) When the right to 1) In case of sale pre-emption does arise? 2) In case of mortgage 3) In case of charge 4) In case of gift i) Who among the following has the right 1) Shafi-i-Sharik of preference in case of 2) Shafi-i-Khalit pre-emption right? 3) Shafi-i- Jar 4) Shafi-i- emption j) Incase of inheritance, Muslim daughter takes the share as the daughter k) What is the takes the double portion than son. residuary with the son but share of Muslim father in the property of True/False 1) 1/6 2) 1/3 deceased intestate son? 3) 1/8 4) 1/5 I) Doctrine of Aul applies in which the property. total shares of the sharers exceed the heritable True/False THE Exam. Scat No Day & Date: MAHARAJASecondSAVAJIRAo Monday, 12h Dec.FS. 2022 LL.B. UNIVERSITY OF Subject: FamiBy Law-li (General) ExaminatloBARODA n Time: 3 (Law4313, Law4313C13)p.m. to 6 p.m. Max. Marks: 70 Evaluate the sources of MuslimSECTION 1 Law. Discuss briefly OR (11 Marks) kinds under Muslim Law. of marriage and explain essentlal 2 Write brief notes on requirements of a valid marriage (a) Requisites of Hiba(Any two) (12 Marks) (b) Requisites of valid (Gift) Will (c) Types of Shuffa 3 (Pre-Emption) Write an essay on Dower. (12 Marks) OR Briefly evaluate different modes of Talag under Muslim Law. SECTION-I| 4. Explain Will and Codicils and execution of Privilepged Will under the Indian 1925. Succession Act, (11 Marks) OR Discuss onerous bequests, conditional bequests and contingent bequests. 5. Write Short Notes on (Any Two) (Indian Divorce Act 1869) (12 Marks) a) Protection Orders b) Alimony c) Dissolution of Marriage answer book: (12 Marks) 6. Choose correct option and write correct option in is a Uniform Civil Code? 1) In which part of India, there a) Goa b) Kerala c) Bangalore d) Chennai Act 1954 within prohibited degree unless there is = 2) Parties can marry under Special marriage given under the Act before application of c what type of condition is custom otherwise. But government notified by central a) Custom shall be municipality notified by b) Custom shall be by cabinet commission shall be notified c) Custom government notified by state following secular legisla d) Custom shall be 1954 which of the marriage Act, of Special 3) Before the enactment and marriage? there for divorce Special Marriage Act, 1872 a) Special Marriage Act, 1870 b) Act,1862 c) Special Marriage Marriage Act, 1873 d) Special following list of 7th schedule Personal Laws' are mentioned in which of the of Constity 4) 6Sb India? 230. a) State List b) Concurrent list c) Union List d) Residuary List solemnization ofof marriage under 5) How many witnesses are required in case of 1954? a) 2 witnesses Special Mar a b) 3witnesses c) 1 witness d) 4 witnesses 6) Under Special Marriage Act, 1954, what shall be the age of parties in case of marriages performed under personal Laws? a) b) 18 years c) 20 Years 21 Years re-registration of d) 22 Years 7) in which of the a) following case the marriage would be voidable Refusal to consummate by either party after the under Special Marriaeea b) Prohibited degree of relationship in marriage d) Impotency from the date of marriagebetween c) till the parties date of filling petition 8) UnderUnsoundness of mind of either which party at the time of marriage a) Article 40 Article Uniform Civil Code is b) Article 44 in provisioned Constitution of India? c) Article 45 d) Article 39 9) One Hindu Male and 10) Who of the one Hindu Female Can marry under Following empowered is marriage Act, 1954? to Special marriage Act a) State Government appoint Marriagethe 1954. True/False b) Central Government Officers under Special c) BothCentral and State d) President 11) Which of Government the following is the minimum of notice for intended 1954)? a) Twenty Days marriage in marriage period office stay in the b) Thirty Days of district specific district for filling the court c) Sixty Days d) Fifteen Days (Special Marriage Act 12) When the shall a) Fifthentermarriage hasinbeen a b) Second Schedule c) Fourth Schedule solemnispecizedfieunder certificate the form schedule Speciaofl Marriage Act d in which d) First Schedule the 1954, the fol owing Schedule? Marriage Officer THE MAHARAJA IFirst NTERNAL FACULTY OF LAW SAYAJRETESTIRAO2022UNIVERSITY OF Sem. Date :l010/2022. Second LL.B. BARODA Notes: Subject: Family Law-ll All tegisa questions are Time: 12:30 pmn to 1:30 pm There is no neg compulsory. egative Answer of deser marking. Max. Marks: 30 Marks seriptive onquestions and Do not write anything question papermultiple-choice Name of the student: questions oris to be written in apainst any questions Answer bok. options. Roll no: Multiple choice questions: age A Answer correct option in the 1. According to which of the answer book. 10 Marks opinion among the following companions theory, of the failing Quran and tradition, the (a) Traditional theory (b) Modern theory prophet is recognized as the best guideconsensus of of law? (c) Classical theory (d) Realist theory 2 Reasoning by anology from the Quran, the Sunnat and the (a) ljma ljma is called as... (b) The Qiyas fc) Sunna (d) Traditions 3. Puberty is presumed to have been attained on the completion of the... (a) 14 years (b) 12 years (c) 13 years (d) 15 years menstruation... 4. Identify the period of iddat of talag, if a woman is not subject to (a) Three courses (b) Three lunar months (c) 4 months and 10 days (d) No iddat of the folowing is not true in relation to Talaq-ul-biddat 5. ldentify which pronouncements of the formula of divorce successive (a) There must be three made during a single tuhr either in one sentence irrevocabl. (0) Ihree pronouncements clearly indicating an intention pronouncements made during a tuhr (C) Single dissolve the marriage separated cannoti completeof separation has taken place parties so Once definite (d) without the formality remarrY the woman marrying another mnan and being divorced from him traditions? 6. Which of the following is not kind of (a) Sunnat (b) Ahadis (c) Ahadis-i-Mutwarkr (d) Sura 7. ldentify which of the following means reasoning by analogy trom the Quran, the'Sunns and the ljma... (a) Ahadis (b) Sunnat (c) Qiyas (d) Sura 8. ldentify in which of the following applicable.. circumstances presumption of marriage is not (a) The cohabitation must (b) The parties must not have be prolonged one been cohabitating as within prohibited degrees husband (c) They should not come and wife (d) The women should not be prostitute 9. If the marriage has been contracted on the Under the circumstances (a) The wife is not condition which of the following that she should not claim is true? any dower. (b) The wife is entitled to any dower (c) The wife is entitled for prompt dower (d) The wife is entitled for proper dower entitled for deferred dower 10. Aperson, who is voluntari

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