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    Important Questions - Family Law 2 - Sem 3 - MU

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    Important Questions - Family Law 2 - Sem 3 - MU

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    6 views5 pages

    Important Questions - Family Law 2 - Sem 3 - MU

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    Important Questions - Family Law 2 - Sem 3 - MU

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    of 5

    SYLLABUS – FAMILY LAW II

    Module 1: 2.9 Joint Hindu family as a social security ins'tu'on


    1.1 Evolu'on of the ins'tu'on of marriage and family. and impact of Hindu Gains of Learning Act and various
    1.2 Role of religious rituals and prac'ces in molding tax laws on it.
    the rules regula'ng to marital rela'ons. 2.10 Matrilineal joint family.
    1.3 Types of family based upon
    Lineage – patrilineal, matrilineal Module 3:
    Authority structure patriarchal and 3.1 Historical perspec've of tradi'onal Hindu law as a
    matriarchal background to the study of Hindu succession Act
    Loca'on- patrilocal and matrilocal 1956.
    Number of conjugal units-nuclear, extended, 3.2 Succession to property of a Hindu male dying
    joint and composite. intestate under the provisions of Hindu Succession Act
    1.4 Emerging concepts: Maitri Sambandh and divided 1956.
    home 1.5 Hindu Marriage Act 1955 3.3 Devolu'on of interest in Mitakshara coparcenaries
    1.6 Benami Transac'on Act, 2016 with reference to the provisions of Hindu Succession
    1.6 Special Marriage Act, 1954 Act, 1956.
    1.7 Domes'c Violence Act, 2005 3.4 Succession to property of Hindu female dying
    1.8 Establishment of family Courts – Family Courts Act, intestate under the Hindu Succession Act 1956.
    1984 3.5 Disqualifica'on rela'ng to succession
    Cons'tu'on, power and func'ons 3.6 General rules of succession
    Administra'on of gender jus'ce
    Module 4:
    Module 2: 4.1 Hindu Adop'ons and Maintenance Act, 1956
    2.1 Mitakshara joint family 4.2 Adop'on by members of other religion with
    2.2 Mitakshara coparcenary-forma'on and incidents special reference to CARA Rules
    Property under Mitakshara law-separate 4.3 The Maintenance and Welfare of Parents and
    property and coparcenary property. Senior Ci'zens Act, 2007
    2.3 Dayabhaga coparcenary-forma'on and incidents 4.4 The Hindu Minority and Guardianship Act, 1956
    Property under Dayabhaga law. 4.5 Uniform Civil Code -
    2.4 Karta of the joint family-his posi'on, powers, 4.5.1 Custody, maintenance and educa'on
    privileges and obliga'ons. 4.5.2 Guardianship and parental rights –
    2.5 Aliena'on of property-separate and coparcenary welfare of the child principle.
    2.6 Debt-doctrines of pious obliga'ons and Uniform Civil Code -
    antecedent debt. 4.5.1 Religious pluralism and its implica'ons.
    2.7 Sec.6- Devolu'on of interest in coparcenary 4.5.2 Connota'ons of the direc've contained
    property under Hindu Succession Act. in Ar'cle 44 of the Cons'tu'on.
    2.8 Par''on and re-union. 4.5.3 Impediments to the formula'on of the
    Uniform Civil Code
    4.5.4 The idea of Op'onal Uniform Civil Code.
    PYQ – FAMILY LAW II
    a. One or Two Line Answers
    01. What is the meaning of Escheat? R23-24
    02. Define Domes3c Rela3onship. R23-24
    03. What do you mean by Avyavaharika and Antecedent debts. R23-24
    04. Define Monetary relief under the Protec3on of Women from the Domes3c Violence Act, 2005. R23-24
    05. Give any three powers of Marriage officer under the Special Marriage Act, 1954. R23-24
    06. Define 'benami transac3on under the Benami Transac3on Prohibi3on Act, 2016. R23-24
    07. Define Senior Ci3zen. R23-24
    08. Men3on the du3es of the Family Courts. R23-24
    09. State the difference between agnates and cognates. ATKT23-24
    10. Explain the object of Benami Transac3on Act, 2016. ATKT23-24
    11. What are the func3ons of Family Court Act? ATKT23-24
    12. Maitri Sambandh and divided home. ATKT23-24
    13. What is patrilineal and matrilineal family? ATKT23-24
    14. What is the effect of conversion on marriage? ATKT23-24
    15. State any two grounds for void marriage under Hindu Marriage Act, 1955. ATKT23-24
    16. What is meant by uterine blood? ATKT23-24
    What is meant by Westerniza3on?
    What is the Punishment for demanding dowry?
    State the difference between agnate and cognate.
    Who can reunite aYer Par33on.
    What is the object/func3on of Family Courts Act, 1984?
    When two persons are said to be related to each other by half blood / Full-blood?
    State two grounds of void marriage under Hindu Marriage Act 1955?
    What is escheat?

    b. Short Notes
    1. Sapinda Rela3onship and Prohibited Rela3onships. R23-24 [Browser]
    2. DisqualificaSons to Succession under the Hindu Succession Act. R23-24 [Page 9 Notes]
    3. Void marriage under Special Marriage Act, 1954. R23-24
    4. Prohibi3on on Benami transac3ons. R23-24
    5. Appointment of testamentary guardian. ATKT23-24
    6. Par33on and Reunion. ATKT23-24
    7. Object of Maintenance and Welfare of Parents and Senior Ci3zens Act, 2007. ATKT23-24
    8. State the object of Domes3c Violence Act, 2005. ATKT23-24
    9. Divorce by mutual consent.
    10. Uniform Civil Code [Page 4 SN Notes]
    11. Child Marriage [Page 7 SN Notes]
    12. Natural Guardian [PAGE 5 SN Notes]
    13. Maintenance of widowed daughter-in-law under Hindu AdopSon and Maintenance Act. [Page 85 MU
    Notes]
    14. Sapinda RelaSonship. [Page 15 SN Notes]
    15. Karta [Page 4 Long Ans Notes]

    c. SituaSonal Based QuesSons


    1. Smt. Rajouri Devi (Plain3ff), daughter of late Sri Giriraj Kumar had filed a civil suit in the Trial Court
    against her brothers (Defendants) for par33on and for recovery of one-fourth share from the suit
    proper3es. These proper3es comprised of immovable proper3es and movable proper3es like deposits in
    banks and investment in shares held in the names of defendants. Her conten3on was that her father was a
    man of substan3al means and had purchased these proper3es out of his sources. These proper3es were
    acquired benami in the names of her brothers. Therefore, she was en3tled to one-fourth share in all the
    proper3es.
    a. Mere a financial assistance given by the someone to another to acquire the property should be
    determined as Benami transac3on? Give reason and explain in the above stated facts.
    b. The burden of proof that the apparent purchaser is not the real owner lies on whom? R23-24

    2. Kalki married Vishwa in 2013. They were living together 3ll 2020. Due to constant fights Kalki filed a
    divorce in Family Bandra court.
    a. What is the objec3ve of the family court? what approach the family court should take in this case.
    b. What are the provisions for the associa3on of the social welfare agencies and counsellors? R23-
    24

    3. Suraj and Mohan are two friends who died in a car accident. Suraj died intestate leaving behind his wife,
    son and old parents. Mohan also dies but leaving behind a will.
    a. How will property devolve in case of Suraj?
    b. What is the difference between Intestate and testamentary Succession? R23-24

    4. Ana and Benjamin are married under the Chris3an marriage Act, 1872. They sought for divorce by
    mutual consent under the Special marriage Act, 1954.
    a. Can they be granted divorce under the Special marriage Act, 1954?
    b. What are the provisions given in Special marriage Act, 1954 regarding mutual consent? R23-24

    5. Rani and Rajesh married to each other under Hindu Marriage Act, 1955. Rajesh beat her on many
    occasions. Rani's 's mother-in-law and father-in-law demanded cash and other valuable from Rani.
    a. What are the provisions of law available to Rani against her husband and in-laws?
    b. What are the grounds available to take divorce?
    c. Can Rani file a criminal complaint against her husband and in laws? if yes, under which law.
    Men3on the relevant case law. ATKT23-24

    6. Sheela, a divorced 40 years old Hindu women wants to adopt a boy:


    a. What are the condi3ons required to be fulfilled by her for adop3ng a son?
    b. What is the rela3onship between the adopted boy and Sheela's divorced husband?
    c. If Sheela remarries, then what is the rela3onship between her husband and adopted boy?
    ATKT23-24

    7. How will the Property of Mr. A, a Hindu male devolved in case he died intestate?
    a. If Mr. A is survived by his son S, widow of Predeceased son SW, children of predeceased daughter
    DS and DD.
    b. If A is survived by his father F, mother M. son S, widow of predeceased son SW, children of
    predeceased daughter DS and DD. ATKT23-24

    8. Rohit a Hindu male married Sarika a Hindu female as per Hindu rites. A son Dheer is born to them. Later
    on, Rohit abandons Sarika and marries Jaya.
    a. What is the status of second marriage of Rohit?
    b. What are the rights available to Sarika and her son under Hindu Marriage Act, 1955?
    c. What are the rights available to Jaya under the Hindu Marriage Act, 1955? ATKT23-24

    d. Long Answers
    01. Need for Uniform Civil Code in India. Discuss its advantages and challenges to implement it. R23-24
    02. Discuss the Ancient and Modern sources of Hindu Law. R23-24
    03. Discuss the reliefs under the Domes3c Violence Act, 2005. R23-24
    04. Discuss the laws rela3ng to the succession of Hindu Male dying Intestate under the Hindu Succession
    Act, 1956. R23-24
    05. Discuss the types of guardians under the Hindu Minority and Guardianship Act, 1956 with relevant case
    laws. R23-24
    06. Enumerate the grounds of divorce available to a Hindu wife under Hindu Marriage Act, 1955 and briefly
    explain deser3on and cruelty as grounds for divorce. ATKT23-24
    07. Discuss law rela3ng to succession of a Hindu female dying intestate under Hindu Succession act 1956.
    ATKT23-24
    08. Define guardian and discuss different types of guardians under Hindu Minority and Guardianship Act.
    ATKT23-24
    09. Explain the concept of Mitakshara joint family. Discuss separate property and coparcenary property
    under Mitakshara Law. ATKT23-24
    10. Discuss Uniforms Civil Code with relevant case laws. ATKT23-24 [PAGE 13 Notes]
    11. Explain the evoluSon of the insStuSon of marriage and enumerate in detail the condiSons of valid
    Hindu Marriage Act, 1955. [Page 2 MU Notes, PAGE 1 NOTES]
    12. Enumerate different bars to matrimonial relief, Hindu Marriage Act, 1955.
    13. Discuss law relaSng to succession of a Hindu male dying intestate under the Hindu Succession Act,
    1956. [Page 11 Notes]
    14. Define ParSSon. Discuss ParSSon and modes of effecSng a ParSSon. [Page 2 Notes]
    15. Define guardian. Explain different kinds of guardians and their Powers and case laws. [Page 9 Notes]
    16. Explain the posi3on of Karta in a Hindy joint family and enumerate in detail the Powers of a Karta. [Page
    4 Notes]
    17. What are the grounds of voidable marriage under Hindu Marriage Act, 1955? Dis3nguish between void
    and Voidable Marriages.
    18. Discuss condiSons of valid adopSon under Hindu AdopSon and Maintenance Act 1956? [Page 6
    Notes]
    19. Discuss various grounds of divorce under Hindu Marriage Act. (DeserSon / Cruelty) [Page 8 Notes]
    20. Discuss the law relaSng to succession of a Hindu Female dying intestate under Hindu Succession Act,
    1956. [Page 43 MU Notes]
    21. What are the chief characterisScs of Mitakshara coparcenary? State any four rights of coparceners.
    [PAGE 15 MU Notes]
    22. Discuss the ancient and modern sources of Hindu Law.
    23. Discuss the rights and the liabili3es of female coparcenary under Hindu Undivided Family?

    Family Law II
    1. Evolu)on of the ins)tu)on of marriage and family. [Page 21 Notes]
    2. Role of religious rituals
    3. Types of marriages (approved and disapproved forms)
    4. Types of families
    5. Hindu marriage act, (sec)on 5). Void and Voidable marriages (sec)on 10 and 11)
    6. Domes)c Violence Act 2005, (situa)onal ques)on)
    7. Mitakshara coparcenary and its features
    8. Dayabhaga coparcenary and its features
    9. Karta – it's posi)on, power rules, and responsibili)es
    10. Succession to property of Hindu male/female.
    11. Dying INESTATE under Hindu succession act 1956.
    12. Evolu)on of interest in Mitakshara coparcenary with reference to Hindu succession Act,
    1956.
    13. General rules of succession.
    14. Procedure of adop)on, Who is the natural guardian? Male or female. who can adopt.

    15. Uniform civil code (short note)


    16. Family court (short note)
    17. Joint Hindu Family (short note)
    18. Par))on and reunion (short note)

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