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Family Law - I - FL1 PDF

This document provides instructions for an online end-term examination in Family Law-I for Hidayatullah National Law University students. It outlines the exam timings, requirements for submitting answer sheets, question format, and guidelines for typing or handwriting responses. The examination contains 4 long essay questions, and students must attempt 2 questions from 15 marks each. The document then provides the 4 questions assessing students' knowledge of relevant legal provisions, principles, and case laws pertaining to marriage, divorce, and family law under both Hindu and Muslim personal laws in India.

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Sounak Verma
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188 views3 pages

Family Law - I - FL1 PDF

This document provides instructions for an online end-term examination in Family Law-I for Hidayatullah National Law University students. It outlines the exam timings, requirements for submitting answer sheets, question format, and guidelines for typing or handwriting responses. The examination contains 4 long essay questions, and students must attempt 2 questions from 15 marks each. The document then provides the 4 questions assessing students' knowledge of relevant legal provisions, principles, and case laws pertaining to marriage, divorce, and family law under both Hindu and Muslim personal laws in India.

Uploaded by

Sounak Verma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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HIDAYATULLAH NATIONAL LAW UNIVERSITY

ONLINE END-TERM EXAMINATION


(Academic Session: January-April 2020)
SEMESTER – II
FAMILY LAW- I
Instruction for Stude nts:
1. Examination Timings: 11:00 AM- 12:30 PM
2. Uploading/Sending Answer Sheets by the Students: Before 02:00 P M (The SAP
candidate s will be e ligible for e xtra 30 minutes i.e . 2:30 PM)
3. Each Question Paper carries FOUR long essay type questions and the students are
required to attempt ANY TWO, with 15 marks for each question.
4. The students are required to download the question paper immediately.
5. The answers can be typed or hand written.
a. The typed answers should be in Times Ne w Roman, font size o f 12 point
and in 1 .5 line space with standard margins; or
b. The se lf hand written answers should be in A-4 size white pape r
(ruled/unruled). It should be le gible and re adable.
c. Each answe r would be in the range of 12 00 - 15 00 words.
d. All the page s of Answe r She e ts must be ke pt in a proper se que nce with
page numbe rs.
6. The file name for sending the answer sheet should be in the follow ing format:
a. ID Number – for example – 017/2017/1601
b. Name of the Paper – for example – Family Law-I (Code-FL1)
c. Date of Examination dd/mm/yy – for e xample – 19/11/20
7. The typed answer sheets should be in a single PDF file and hand written answer
sheets should be scanned by a Scanner or through the scanning App of Mobile.
8. The students are required to send the answer sheet on or before 02:00 p.m. on the day
of the exam to the Email ID FL1@hnlu.ac.in.
9. The Students shall be responsible for uploading of the correct version of the answer
sheets within stipulated time. Any failure on their part to upload the right file shall
lead to their answer sheets being will not be taken up for evaluation.

1. Answer the following factual situations explaining the legal principles and citing
judicia l pronouncements (Atte mpt all thre e): (Mark s 5 ×3=15)

a. Annabel a citizen of USA gave up her US citizenship and became a citizen of


India. She left the USA to relocate in India in January, 2020. After she landed
in Delhi she further travelled to Varanasi where she had pre-decided to settle
down. While staying there, she was drawn to Hindu faith and decided to take
up Hinduism as her faith. She discussed the same with her landlord Rahul who
told her that he can help her formally convert into Hinduism. Annabel was
ecstatic at Rahul’s proposal and she readily accepted the same. Rahul on the
other hand had no intention to help her in taking up Hinduism as her faith but
wanted to marry her. Rahul in the garb of formal conversion solemnized a
marriage ceremony with Annabel. When Annabel got to know that it wasn’t a
conversion ceremony rather it was a marriage ceremony, she clearly denied
the relationship. Annabel has approached you with her problem and seeks your

1
legal assistance in this regard. Give her legal advice based on the facts and cite
relevant legal provisions and case laws.

b. Rajat and Nandani married as per Hindu rights and ceremonies on 12th March,
2020 and started cohabiting in Rajat’s ancestral house in Delhi. On 24th
March, 2020 the Government of India came out with a circular that the entire
nation will follow lock down due to the spread of pandemic. Due to lockdown,
both Rajat and Nandini started work from home. As the lockdown extended,
they were forced to stay home during the entire period and this led to
differences cropping up between them. The matrimonial relations were
disturbed to the extent that they stopped talking to each other and even though
they were sharing the same roof, did not sleep on the same bed. Considering
that their marriage wasn’t working out they both mutually decided that it is in
the best interest of both the parties that they should legally separate. Hence,
they have approached you today, seeking your assistance in filing divorce.
Give them legal advice in this regard.

c. Bhavna married Avijit as per the Hindu rights and ceremonies on 6th May
2018. Soon after marriage Avijit and his family started harassing Bhavna for
bringing insufficient dowry. The harassment and torture against Bhavna only
increased by every passing day even though her family tried to intervene and
amicably resolve the matter. Since there was no end to the harassment meted
out to her by her husband and in-laws, she left her matrimonial home on 25th
August, 2018. There after there was no attempt from the side of Avijit or his
family to call her back. On 26th August, 2020 Bhavna received a notice from
the Family Court, Dehradun that she was to appear via the online mode in the
matter concerning the divorce filed by her estranged husband on the of
desertion. After hearing the matter the Hon’ble Judge of Family Court,
Dehradun decided in favor of the husband on 10th October, 2020. Aggrieved
by the decision of the Family Court, Dehradun, Bhavna preferred an appeal in
the higher court. Meanwhile Avijit contracted another marriage on 10th
November, 2020.

You are the Judge and the matter is listed before you for hearing. Consider the
entire factual matrix and write a judgment based on the relevant principles of
law and important judicial precedents in this regard.

2. Answer the following by giving suitable legal provisions and judicial pronouncements
(Atte mpt both) (Mark s 7.5×2=15)

a. Explain in detail the situations under which either of the parties to marriage
can approach the court for a Section 11 or Section 12 decree of the Hindu
Marriage Act, 1955 and in what situations can the parties to the marriage
approach the court for a Section 13 decree of the Hindu Marriage Act, 1955.

b. Ashi and Manik got married as per the Hindu rites and ceremonies on 15th
June, 2019. The marriage was arranged by their family members after few
meetings, which left Ashi and Manik no time to communicate and know about
each other. Soon after marriage Manik told Ashi that he was homosexual and
his family forced him into marriage because they had issues with his sexual
orientation. Hence they threatened him to cut him family estate if he didn’t
agree to marry as per their wishes. Ashi is aggrieved because of the entire
situation approached you with her problem and seeks your legal assistance in
2
this regard. Give her legal advice based on the facts and cite relevant legal
provisions and case laws.

3. State the category of divorce in the following situations by applying relevant


provisions of Muslim Law and also state the necessary implications that follow s after
pronouncement of these categories of divorce: (Atte mpt all) (Mark s 3 ×5=15)
a. A says to his wife “I Divorce thee”, “I Divorce thee”, “I Divorce thee”.
b. A proposes to her husband that they should get divorced and in lieu of the
same she is willing to relinquish her deferred dower.
c. A tells his wife that she is like his mother or any other female within the
prohibited degrees and swears not to have sexual intercourse with her.
d. A tells his wife that if he contracts another marriage then she can divorce
herself from him.
e. A falsely accuses his wife of having sexual intercourse outside marriage

4. Answer the following by giving suitable explanations (Atte mpt both)


a. What are Muta marriages? State the essential requisites of Muta marriages. A ,
a Sunni Muslim contracts a Muta marriage with B, a Shia women for a period
of 1 year and 4 months and a mehr of Rs. 90 thousand. Discuss the
permissibility of this Muta contract and suggest reasons in support of your
answers. (Mark s 07)

b. What is Mehr and what are the different kinds of mehr? Is wife entitled to
mehr if: (Mark s 4 ×2=08)
i. A man marries ignoring absolute incapacity
ii. A man marries ignoring relative incapacity
Give reasons in support of your answer.
*******

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