Family Law (Hindu Law & Muslim Law)

Discuss the grounds for divorce under Section 13 of the Hindu Marriage Act, 1955. Explain the grounds available to (a) either spouse and (b) exclusively to the wife under Section 13(2). Analyse the concept of 'irretrievable breakdown of marriage' as a ground for divorce in light of Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558, Shilpa Sailesh v. Varun Sreenivasan (2023) SCC OnLine SC 544, and the Law Commission's 71st Report recommendations.[10 Marks]

Critically analyse the Hindu Succession (Amendment) Act, 2005 and its impact on the rights of daughters in Hindu coparcenary property. Discuss the retrospective or prospective applicability of the 2005 Amendment with reference to Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1, Prakash v. Phulavati (2016) 2 SCC 36, and Danamma @ Suman Surpur v. Amar (2018) 3 SCC 343. What is the position of a daughter's right when the father died before September 9, 2005?[10 Marks]

Discuss the law relating to marriage (Nikah) under Muslim personal law. What are the essentials of a valid Nikah? Explain the concepts of: (a) proposal (Ijab) and acceptance (Qubul); (b) capacity of parties; (c) free consent; (d) presence of witnesses; (e) Mehr as consideration. What are the legal consequences of an irregular (Fasid) and void (Batil) marriage? Refer to Abdul Kadir v. Salima (1886) ILR 8 All 149 and Ata Mohammed v. Saiqul Bibi (ILR 2 Cal 53).[10 Marks]

Examine the law relating to maintenance of wives, children, and parents under Hindu law. Discuss the provisions of Section 18 of the Hindu Adoption and Maintenance Act, 1956 and Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of BNSS, 2023). How does the right to maintenance under the personal law differ from the right under Section 125 CrPC? Can a Muslim woman claim maintenance under Section 125 CrPC? Analyse with reference to Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556 and Danial Latifi v. Union of India (2001) 7 SCC 740.[10 Marks]

Discuss the law relating to adoption under the Hindu Adoption and Maintenance Act, 1956. Explain: (a) Who may take a son or daughter in adoption under Sections 7 and 8; (b) Who may be adopted under Section 10; (c) The requisites of a valid adoption under Section 6; (d) The effects of adoption under Section 12. Can a married couple adopt a child without mutual consent? What is the effect of adoption on the adopted child's property rights? Refer to Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244 and Shabnam Hashmi v. Union of India (2014) 4 SCC 1.[10 Marks]

A, a Hindu male, marries B (Hindu female) in 2010 under the Hindu Marriage Act. In 2015, A converts to Islam and marries C without obtaining a divorce from B. B files a complaint of bigamy under Section 494 IPC (now Section 82 BNS). A contends that since he has converted to Islam, he is entitled to have a second wife under Muslim personal law and that the Hindu Marriage Act no longer applies to him.[15 Marks]

Critically examine the debate surrounding the Uniform Civil Code (UCC) under Article 44 of the Constitution of India. Discuss: (a) The constitutional mandate and its nature as a Directive Principle; (b) The judicial pronouncements favouring a UCC including Shah Bano (1985), Sarla Mudgal (1995), John Vallamattom v. Union of India (2003) 6 SCC 611, and Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019) 16 SCC 479; (c) The tension between the right to religious freedom under Articles 25-26 and the goal of a uniform civil code; (d) The Uttarakhand Uniform Civil Code Act, 2024 as a state-level initiative; (e) The recommendations of the Law Commission and the challenges in implementation. Is a UCC desirable and feasible in a pluralistic society like India?[15 Marks]

H (Hindu male) and W (Hindu female) marry in 2018. In 2023, W files a petition for judicial separation under Section 10 of the Hindu Marriage Act on the ground of cruelty. H counter-files for divorce under Section 13(1)(ia) on the ground that W has been filing false criminal cases against him amounting to mental cruelty. Discuss: (a) What constitutes 'cruelty' under Section 13(1)(ia)? (b) Can filing of false criminal complaints constitute cruelty? (c) What is the distinction between judicial separation and divorce? Refer to Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 and K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226.[5 Marks]

Discuss the rights of Muslim women to divorce and dissolution of marriage. Explain: (a) Talaq by wife through delegated authority (Talaq-e-Tafweez); (b) Khula (divorce at instance of wife); (c) Dissolution under the Dissolution of Muslim Marriages Act, 1939 (grounds under Section 2); (d) The impact of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (Triple Talaq Act). Refer to Shayara Bano v. Union of India (2017) 9 SCC 1 and Shamim Ara v. State of U.P. (2002) 7 SCC 518.[5 Marks]

R, a Hindu male, dies intestate in 2020 leaving behind his widow (W), two sons (S1 and S2), one married daughter (D), and his mother (M). R had both self-acquired property worth Rs. 2 crore and a 1/3rd share in ancestral coparcenary property worth Rs. 3 crore. Determine the shares of each legal heir under the Hindu Succession Act, 1956 (as amended in 2005). How would the distribution differ if R had died before the 2005 Amendment?[5 Marks]

Discuss the law relating to guardianship under Hindu law and Muslim law. Explain: (a) Natural guardianship under Section 6 of the Hindu Minority and Guardianship Act, 1956 and the rights of mother as natural guardian; (b) Testamentary guardianship; (c) Guardianship under Muslim law (Hizanat -- right of custody of mother). What is the paramount consideration in matters of custody and guardianship? Refer to Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228 and the welfare principle as discussed in Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42.[5 Marks]

X (Muslim male) and Y (Muslim female) are married. X pronounces triple Talaq (Talaq-ul-Biddat) upon Y through a WhatsApp message in 2024. Y challenges the validity of the divorce. Discuss: (a) What was the legal position regarding triple Talaq before Shayara Bano v. Union of India (2017) 9 SCC 1? (b) What is the effect of the Muslim Women (Protection of Rights on Marriage) Act, 2019? (c) Is the triple Talaq pronounced by X valid and legally effective? (d) What are Y's rights regarding maintenance and Mehr? (e) Can X be prosecuted under the 2019 Act?[5 Marks]