Family Law (Hindu Law & Muslim Law)

Explain the grounds for declaring a Hindu marriage as void under Section 11 and voidable under Section 12 of the Hindu Marriage Act, 1955. What is the effect of a decree of nullity on children born of void and voidable marriages under Section 16? Discuss with reference to Lata Singh v. State of U.P. (2006) 5 SCC 475, Bhaurao Shankar Lokhande v. State of Maharashtra (AIR 1965 SC 1564), and the distinction between void and voidable marriages as clarified in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 1 SCC 530.[10 Marks]

Discuss the Muslim law of inheritance with special reference to: (a) The distinction between Sharers (Quranic heirs) and Residuaries (Asabah); (b) The doctrine of Aul (increase) and Radd (return); (c) The rule that 'the nearer heir excludes the remote'; (d) The share of the widow, daughter, and mother under Sunni and Shia schools. How does the Muslim law of inheritance differ from the Hindu law of succession? Refer to Syed Ali Nawaz Gardezi v. Lt. Col. Muhammad Yusuf (1963) 1 SCR 1053.[10 Marks]

Critically examine the law relating to divorce by mutual consent under Section 13-B of the Hindu Marriage Act and under Muslim personal law (Mubarat). Discuss: (a) The conditions and procedure for divorce by mutual consent; (b) The cooling-off period under Section 13-B(2) and whether it can be waived; (c) Whether the Supreme Court can grant divorce by mutual consent in exercise of its powers under Article 142 of the Constitution. Analyse with reference to Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, Rishi Kumar Sharma v. Dimple (2023 SCC OnLine SC 1296), and Anil Kumar Jain v. Maya Jain (2009) 10 SCC 415.[10 Marks]

Discuss the concept of maintenance for Muslim women. Explain: (a) The right to maintenance during marriage under Muslim personal law; (b) The right to maintenance during Iddat period; (c) The Muslim Women (Protection of Rights on Divorce) Act, 1986 and its interpretation; (d) The right of a Muslim woman to claim maintenance under Section 125 CrPC. Critically analyse the Supreme Court's judgments in Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556, Danial Latifi v. Union of India (2001) 7 SCC 740, and Shabana Bano v. Imran Khan (2010) 1 SCC 666.[10 Marks]

Discuss the concept of joint Hindu family and coparcenary under Hindu law. Explain: (a) The nature and incidents of coparcenary property; (b) The distinction between coparcenary property and separate property; (c) The rights of coparceners to demand partition under Section 6 of the Hindu Succession Act (as amended in 2005); (d) The concept of notional partition for purposes of succession. How has the 2005 Amendment changed the concept of coparcenary? Refer to Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1 and Arunachala Gounder (Dead) by L.Rs. v. Ponnusamy (2022) 7 SCC 173.[10 Marks]

A (Hindu male) and B (Hindu female) marry in 2015. They have one daughter D, born in 2017. In 2022, the marriage breaks down and both parties file for divorce. A seeks custody of D. B also claims custody, arguing she is the natural guardian as D is below 5 years of age. A contends that B is an unfit mother as she has been diagnosed with depression and is unable to care for D. B produces medical evidence that she has recovered. The court has a report from the child welfare committee stating that D has expressed a preference to stay with her mother.[15 Marks]

Discuss the evolution of women's property rights under Hindu law from the concept of 'Stridhan' to the modern statutory framework. Examine: (a) The traditional concept of Stridhan and the limited estate of a Hindu widow; (b) The Hindu Women's Right to Property Act, 1937 and its limitations; (c) The Hindu Succession Act, 1956 and the rights of female heirs; (d) The abolition of the limited estate by Section 14 of the Hindu Succession Act; (e) The 2005 Amendment making daughters coparceners and its impact; (f) The Supreme Court's progressive interpretation in recent cases. Analyse with reference to Tulasamma v. Sesha Reddi (1977) 3 SCC 99, Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1, and Arunachala Gounder (Dead) by L.Rs. v. Ponnusamy (2022) 7 SCC 173.[15 Marks]

A (Hindu male) and B (Hindu female) have been living together as husband and wife for 15 years without performing any marriage ceremony. They have two children. A now wants to marry C and denies any legal relationship with B. Discuss: (a) Is there a presumption of marriage under Section 114 of the Evidence Act? (b) What is the legal status of children born out of a live-in relationship under the Hindu Marriage Act and Section 16? (c) Does B have a right to maintenance under Section 125 CrPC? Refer to Badri Prasad v. Dy. Director of Consolidation (1978) 3 SCC 527, S.P.S. Balasubramanyam v. Suruttayan (1994) 1 SCC 460, and Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.[5 Marks]

Explain the concept of Mehr (Dower) in Muslim law in detail. Discuss: (a) The kinds of Mehr -- specified (Musamma) and proper (Mahr-ul-Misl); (b) The distinction between prompt (Muajjal) and deferred (Muwajjal) Mehr; (c) The wife's right of retention (Haq Mehar) and the right to refuse cohabitation until payment of prompt Mehr; (d) Whether the amount of Mehr can be increased or decreased after marriage. Refer to Abdul Kadir v. Salima (1886) ILR 8 All 149 and Kapore Chand v. Kadar Unnisa (AIR 1950 PC 97).[5 Marks]

M (Muslim male) dies intestate in 2023 leaving behind: his wife W, his father F, his mother Mo, two sons S1 and S2, and one daughter D. His estate is valued at Rs. 1,20,00,000. Calculate the share of each heir under the Sunni (Hanafi) law of inheritance. Show your working clearly, identifying which heirs are Sharers and which are Residuaries.[5 Marks]

Discuss the law relating to inter-religious marriages in India. Explain: (a) The Special Marriage Act, 1954 and its applicability; (b) Whether a Hindu-Muslim marriage is valid without registration under the Special Marriage Act; (c) The requirements of notice and objection under Sections 5 to 8 of the Special Marriage Act; (d) Whether conversion is necessary for a valid inter-religious marriage. Refer to Lata Singh v. State of U.P. (2006) 5 SCC 475, Shafin Jahan v. Asokan K.M. (2018) 16 SCC 368, and the constitutional right to marry under Article 21.[5 Marks]

P (Hindu male) has two wives: W1 married in 1948 before the Hindu Marriage Act came into force, and W2 married in 1960 after the Act came into force. P dies intestate in 2022 leaving behind W1, W2, one son from W1 (S1), and one daughter from W2 (D1). Determine: (a) Is the second marriage with W2 valid? (b) What are the succession rights of W1, W2, S1, and D1 in P's self-acquired property and coparcenary property? (c) What is the status of D1 as a child of a void marriage under Section 16 of the Hindu Marriage Act? Refer to Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 1 SCC 530 and Revanasiddappa v. Mallikarjun (2011) 11 SCC 1.[5 Marks]