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LL.B. I Term
Paper - LB – 105 - FAMILY LAW–I
[Hindu Law of Marriage, Adoption and Maintenance, Minority and Guardianship, Muslim Law
of Marriage, Divorce and Dower & Acknowledgment of Paternity, Wakfs and Endowments]
Prescribed Legislations:
1. The Hindu Marriage Act, 1955
2. The Hindu Adoptions and Maintenance Act, 1956
3. The Hindu Minority and Guardianship Act, 1956
4. The Dissolution of Muslim Marriages Act, 1939
5. The Muslim Women (Protection of Rights on Divorce) Act, 1986
6. Prohibition of Child Marriages Act, 2006
Prescribed Books:
1. Ranganath Misra (Rev.), Mayne’s Treatise on Hindu Law & Usage (15th ed., 2006)
2. Satyajeet A. Desai, Mulla’s Principles of Hindu Law, Vol. I & II (19th ed., 2005)
3. Diwan Paras, Law of Marriage and Divorce (3rd ed., 2002)
4. M. Hidayatulla and Arshad Hidayatulla, Mulla’s Principles of Mahomedan Law
(19th ed., 2006)
5. Tahir Mahmood, Fyzee’s Outlines of Muhammedan Law (3rd ed., 2008)
PART I – HINDU LAW
A. Law of Marriage and Divorce
1. Schools and Sources of Hindu Law
2. The Hindu Marriage Act, 1955
(a) Applicability of legislation (section 2)
(b) Concept and forms of marriage
(c) Conditions for the validity of marriage (sections 3 and 5)
(d) Solemnisation of marriage (section 7)
(e) Registration of Marriage (section 8)
(f) Void and Voidable marriages (sections 11 and 12)
1. Dr. Surajmani Stella Kujur v. Durga Charan Hansdah,
AIR 2001 SC 938 1
2. S. Nagalingam v. Sivagami (2001) 7 SCC 487 4
3. Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564 8
4. Lily Thomas v. Union of India, AIR 2000 SC 1650 12
5. Pinninti Venkataramana v. State, AIR 1977 A.P. 43 23
6. Asha Qureshi v. Afaq Qureshi, AIR 2002 M.P. 263 32
7. P. v. K., AIR 1982 Bom. 400 36
8. Babui Panmato Kuer v. Ram Agya Singh, AIR 1968 Pat. 190 46
9. Seema v. Ashwani Kumar (2006) 2 SCC 578 50
3. Restitution of Conjugal Rights (Section 9)
10. Kailashwati v. Ayudhia Parkash, 1977 C.L.J. 109 (P. & H.) 54
11. Swaraj Garg v. K.M. Garg, AIR 1978 Del. 296 65
12. Saroj Rani v. Sudarshan Kumar, AIR 1984 SC 1562 73
4. Judicial Separation [sections 10 and 13 (IA)]
5. Divorce [sections 13(1), (2), 13(1A), 13A, 13B]
(a) Theories of Divorce
(b) Grounds of Divorce, main emphasis on Cruelty, Desertion, Option of Puberty,
Breakdown of Marriage, Mutual Consent, Irretrievable Breakdown of Marriage
(Seventy-first Report of Law Commission of India)
13. N.G. Dastane v. S. Dastane, AIR 1975 SC 1534 80
14. Naveen Kohli v. Neelu Kohli, (2006) 4 SCC 558 99
15. Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253 110
16. Bipinchandra Jaisinghbai Shah v. Prabhavati, AIR 1957 SC 176 130
17. Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 146
18. Dharmendra Kumar v. Usha Kumar, AIR 1977 SC 2213 152
19. T. Srinivasan v. T. Varalakshmi, 1 (1991) DMC 20 ( Mad.) 155
20. Hirachand Srinivas Managaonkar v. Sunanda, AIR 2001 SC 1285 162
21. Sureshta Devi v. Om Prakash, 1 (1991) DMC 313 (SC) 168
B. Maintenance
The Hindu Marriage Act, 1955, sections 24 and 25
The Hindu Adoptions and Maintenance Act, 1956, section 18
The Criminal Procedure Code, 1973, section 125
22. Amar Kanta Sen v. Sovana Sen, AIR 1960 Cal. 438 172
23. Padmja Sharma v. Ratan Lal Sharma, AIR 2000 SC 1398 175
C. Adoption
The Hindu Adoptions and Maintenance Act, 1956
24. G. Appaswami Chettiar v. R. Sarangapani, AIR 1978 SC 1051 :
(1978) 3 SCC 55 177
D. Minority and Guardianship
The Hindu Minority and Guardianship Act, 1956
25. Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228 188
PART II – MUSLIM LAW
1. Sources and Schools of Muslim Law
2. Nikah - Solemnisation of marriage – conditions for validity, classification and types;
Dower; Maintenance
3. Divorce – (a) Extra-judicial -- Talaq, Khula, Mubarat (b) Judicial - The Dissolution of
Muslim Marriages Act, 1939
4. Acknowledgement of Paternity, Wakfs and Endowments
26. Mt. Ghulam Kubra Bibi v. Mohd. Shafi Mohd. Din, AIR 1940 Pesh. 2 199
27. Chand Patel v. Bismillah Begum, 1 (2008) DMC 588 (SC) 201
28. Saiyid Rashid Ahmad v. Mt. Anisa Khatun, AIR 1932 PC 25 209
29. Shamim Ara v. State of U.P., 2002 Cr LJ 4726 (SC) 212
30. Ghulam Sakina v. Falak Sher Allah Baksh, AIR 1950 Lah. 45 217
31. A. Yousuf Rawther v. Sowramma, AIR 1971 Ker. 261 220
32. Itwari v. Asghari, AIR 1960 All. 684 229
33. Danial Latifi v. Union of India, (2001) 7 SCC 740 236
34. Noor Saba Khatoon v. Mohd. Quasim, AIR 1997 SC 3280 251
Important Note:
1. The topics, legislations and cases given above are not exhaustive. The teachers teaching
the course shall be at liberty to add new topics/legislations/cases.
2. The students are required to study the legislations as amended up-to-date and consult
the latest editions of books.
LL.B. I Term Examinations, December, 2007
Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
1. Attempt briefly any four of the following:
(a) State the grounds of voidable marriage under Hindu Marriage Act, 1955.
(b) State the grounds of divorce available to Hindu wife under Section 13(2) of Hindu
Marriage Act, 1955.
(c) Discuss the provisions relating to maintenance under Hindu Marriage Act, 1955.
(d) Discuss the difference between status of Child Marriage under the Hindu
Marriage Act, 1955, and under the Prohibition of Child Marriage Act, 2006.
(e) Discuss the concept of Khula and Mubarat under Muslim Law.
2. Examine the validity of the following marriages under Hindu law and also under
Muslin law:
(a) A marries his brother’s pregnant widow.
(b) A marries his deceased wife’s sister.
(c) B gives his daughter aged 17 years in marriage to A, without her consent.
(d) A marries his maternal uncle’s daughter.
3. Sohan, an IPS officer posted in Delhi married Sunita, who was working as a lecturer
in Jaipur. After the marriage, Sohan asked Sunita to resign her job and join him in
Delhi. Sunita refused to do so as it would impair her intellectually but maintained that
she had no objection in joining Sohan during her holidays and he was also most
welcome to join her at Jaipur at any time he liked. Sohan declined such a proposal
and filed a petition for restitution of conjugal rights against her. Decide.
4. Laxman and Payal were married in 1998, when the latter’s age was 16 years. In 2006,
Laxman married his girlfriend Zohra and lived happily with her. Payal filed a case of
bigamy against him and Laxman took the defence that he had adopted Islamic faith
and had even changed his name to Salim. Since a second marriage under Muslim Law
is not bigamous, be had committed no offence. Decide.
5. Examine the validity of the following adoption under the Hindu Adoption and
Maintenance Act, 1956:
(a) A, a Hindu unmarried woman aged 26 years adopted a son aged 5 years.
(b) A, Hindu bachelor, adopted a son B. Later, when A got married, he at the instance
of his wife gave away B in adoption to D.
(c) A, the mother of an illegitimate boy B, gives him in adoption to her brother.
(d) A, a Hindu adopts a son aged 17 years.
6. (a) Joya filed an application under Section 125, Cr. P.C. claiming cruelty on part of
her husband, Javed. Her husband took the plea of talaq in the written statement.
Decide, whether this is an effective Talaq under Muslim law or not.
(b) After his second marriage with Zohra, Farhaan’s first wife Zeenat, left the
matrimonial home. Thereupon, Farhaan tried his best to bring Zeenat back but she
refused to do that. Ultimately Farhaan filed a petition against Zeenat for
restitution of conjugal rights. Zeenat contested it, alleging that Farhaan’s second
marriage amounted to insult and cruelty to her. Farhaan, on the other hand
maintained that under Muslim Personal Law, he has a right to have four wives at a
time. Decide.
7. Surendra and his wife Sheela were staying in a joint family consisting of Surendra’s
parents and his two unmarried sisters. Sheela was made to work throughout the day
and was constantly abused for bringing insufficient dowry. Unable to bear the torture
any more, she left the matrimonial home and went to her natal home. When her
parents visited Surendra’s house, they were also abused by him and turned out of the
house. After three years, Surendra files a petition for divorce on the ground of
Sheela’s desertion under the Hindu Marriage Act, 1955. Decide.
8. (a) Ashok and Anita were living separately for nearly five years owing to
incompatibility of their temperaments. On Ashok’s suggestion, Anita agreed to
seek divorce by mutual consent and they filed a petition for divorce under Section
13-B of the Hindu Marriage Act, 1955. However, after six months, Anita refused
to go to the court again with Ashok, saying that she had changed her mind as she
did not wish to lead the life of a divorcee. Ashok prays to the court that the divorce
be granted to him on the basis of the first petition. Decide.
(b) On an application made under Section 9 of Hindu Marriage Act, 1955, Sumitra
was granted a decree for restitution of conjugal rights. However, her husband
Tarachand’s attempts to resume cohabitation with her were unsuccessful as she
refused to join him now. After the expiry of one year, Sumitra filed a petition for
divorce under Section 13(1-A) of the Hindu Marriage Act. Will she be successful?
Decide.
LL.B. I Term (Supplementary) Examinations, May-June 2008
Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
1. Attempt briefly any four of the following:
(i) State the points of distinction between the status of a child marriage as envisaged
under the Hindu Marriages Act, 1955 and the newly enacted Prohibition of Child
Marriages Act, 2006.
(ii) State the conditions necessary for a married/unmarried person to take a child in
adoption under the Hindu Adoptions and Maintenance Act, 1956.
(iii)In what ways can a Muslim marriage be brought to an end without having
recourse to a court of law?
(iv) What is the importance of a valid solemnization of a Hindu marriage? Can it be
recognized for any purpose even though it fails to pass the legal validity test?
(v) In what situation can a marriage be categorized as an irregular marriage under
Muslim Law. State also how the same can be regularized.
2. Discuss the validity of the following marriages under Hindu Marriage Act, 1955
(i) A gets married to his elder brother’s widow
(ii) A gets married to W who is his sister’s daughter.
(iii)A and W get married. A is W’s paternal grand father’s brother’s daughter’s
daughter’s son.
3. Ramesh and Tina were married in 1992 under Hindu Law. In 2003, with a deliberate
intention of getting married to Mona, his secretary, Ramesh along with Mona
converted to Muslim faith and contracted a Nikah. Ramesh deserted Tina and then
started living with Mona in a separate house. An aggrieved Tina filed a criminal case
against Ramesh and Mona for having committing bigamy. Will she be successful?
Answer in light of judicial precedents. Also state whether you agree with the apex
court’s judgment in this regard?
4. Beena who was a widow had an affair with Sudesh Kumar who was working in her
office. After having a courtship for five years they decided to get married. After seven
months of their marriage, Sudesh approaches the court and files a petition claiming
annulment of their marriage on the ground that his consent was obtained by fraud as
Beena had concealed the fact that she was a widow and all along he was made to
believe that she was a virgin. Decide the case in light of judicial precedents.
5. Amit and Sukanya were both software engineers and posted at Hyderabad in the same
office. They decided to get married and soon after their marriage, Amit got a better
offer and shifted to Gurgaon in another software firm, while Sukanya continued her
jot at Hyderabad. For a period of three years both met on weekends but Amit was not
happy with his arrangements. He gave an ultimatum to Sukanya to either leave the
job and assume domestic responsibilities at Gurgaon where he had bought a flat or to
look for an alternative job at Gurgaon. Sukanya refused and Amit went to the court
and filed a petition praying for a decree of restitution of conjugal rights against
Sukanya pleading that she be asked to give him conjugal company at Gurgaon.
Decide the case in light of judicial precedents.
6. Roopali gets married to Vivek. Vivek was fond of eating meat and taking liquor, but
Roopali who came from a family of teetotalers always opposed his drinking at home
and taking of non-vegetarian food. Vivek then found refuge in the company of his
friends. He would often come back heavily drunk and beat his wife. However he
loved his wife and would apologize to her when he would come to his senses. Roopali
files a case against him under s. 498A for committing matrimonial cruelty and also
alleged that he and his family were torturing her for dowry, a charge that she could
not substantiate. Vivek now files a petition seeking divorce against her charging her
with cruelty. Will he succeed. Decide in light of legal provisions and precedents.
7. (a) What is the distinction between a contract of Nikah and a Muta marriage.
(b) Shahib Khan, marries Sania under Muslim law, but soon after marriage, on a
small altercation Sania left the matrimonial home and refused to come back
despite Shahib making several attempts to bring her back. Two years later she
goes to the court and prays for a decree of divorce on the ground that her husband
has failed to maintain her for a period of two years. Decide the case.
8. Reshma who was upset with her husband Rashid’s affair with his secretary left his
home and went back to her parents home. Rashid instead of bringing her back got
married to his secretary, Waheeda. Reshma filed a complaint in a criminal court for
maintenance. As a counter blast to it Rashid files a petition praying for a decree of
restitution of conjugal rights. Will he succeed? Discuss. Note that both parties are
Muslims.
LL.B. I Term
Family Law -I
Cases Selected and Edited by
Poonam Saxena
Kiran Gupta
Usha Tandon
Sunil Gupta
Pinki Sharma
Vandana
Manju Relan
FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110007
July, 2008
