Osmania University Family Law2 Previous Important Questions

Exam Oriented Book – OU 3LLB 2nd Sem

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Unit-I: Introduction to Muslim Law & Law of Marriage

Syllabus: Origin and development of Muslim Law – Sources of Muslim Law – Schools of Muslim Law – Difference between the Sunni and Shia Schools – Sub- schools of Sunni Law – Operation and application of Muslim Law – Conversion to Islam – Effects of conversion – Law of Marriage, nature of Muslim Marriage – Essential requirements of valid Marriage – Kinds of Marriages – distinction between void, irregular and valid marriage – Dower (Mahr) – Origin, nature and importance of dower, object of dower and classification of dower – The Muslim Women ( Protection of Rights on Marriage) Act,2019.

6-Mark Important Questions:

  1. Deferred Dower
  2. Batil Marriage (Void Marriage)
  3. Prompt Dower
  4. Fasid Marriage (Irregular Marriage)
  5. Sources of Muslim Law
  6. Who is a Muslim?

15-Mark Important Questions:

  1. What are the schools of Muslim Law? Write a note on the various sources of Muslim Law.
  2. What are the essential conditions of a Muslim Marriage? Distinguish between valid and irregular marriages.
  3. Explain the sources of Islamic Law.

Unit-II: Divorce and Maintenance

Syllabus: Divorce – Classification of divorce – different modes of Talaq – Legal consequences of divorce – Validity of Triple Talaq: Judicial Interpretation and Legislative Response in India – Dissolution of Muslim Marriages Act, 1939 – Amendment to the Dissolution of Muslim Marriage Act, 1939. Maintenance: Principles of maintenance & persons entitled to maintenance – The Muslim Women (Protection of Rights on Divorce) Act, 1986 – Effect of conversion on maintenance and difference between Shia and Sunni Law.

6-Mark Important Questions:

  1. Khula
  2. Iddat Period
  3. Talaq-Ul-Biddat (Triple Talaq)

15-Mark Important Questions:

  1. Discuss the law relating to the maintenance of a Muslim Divorced wife in light of the latest judicial decisions.
  2. What are the grounds on which a Muslim wife can obtain a divorce under the Dissolution of Muslim Marriage Act, 1939?
  3. Write an essay on the various grounds of divorce available under Muslim Law for a Muslim Husband.

Unit-III: Parentage, Guardianship, Gift & Wills

Syllabus: Parentage – Maternity and Paternity – Legitimacy and acknowledgment – Guardianship – Meaning – Kinds of guardianship – Removal of guardian – Difference between Shia and Sunni Law. Gift – Definition of Gift – Requisites of valid gift – Gift formalities – Revocation of gift – Kinds of gift. Wills : Meaning , Requisites of valid Will ,Revocation of Will – Distinction between Will and Gift – Difference between Shia and Sunni Law.

6-Mark Important Questions:

  1. Wasiyat (Will)
  2. Hiba-Shart-ul-Iwaz (Gift with a condition of exchange)
  3. Guardian for a Muslim Minor
  4. Powers of a curator

15-Mark Important Questions:

  1. What are the requisites of a valid Gift under Muslim Law? State the different categories of gifts.
  2. What are the different kinds of guardianship known to Muslim Law?
  3. Explain the powers of a “Dejure Guardian” and “Defacto Guardian” under Mohammedan Law.

Unit-IV: Waqf and Succession

Syllabus: Waqf _ Definition – Essentials of Waqf – Kinds of Waqf – Creation of Waqf – – Revocation of Waqf – Salient features of the Waqf Act, 1995 – Recent Changes in Wakf Laws and impact-Mutawalli – Who can be Mutawalli – Powers and duties of Mutawalli – Removal of Mutawalli and Management of Waqf property. Succession – Application of the property of a deceased Muslim – Legal position of heirs as representatives – Administration – Waqf Tribunals and Jurisdiction.

6-Mark Important Questions:

  1. Doctrine of Aul
  2. Mutawalli
  3. Essentials of Waqf
  4. Doctrine of Rad
  5. Pre-emption

15-Mark Important Questions:

  1. Explain the general principles of inheritance under Sunni law.
  2. Explain the essentials of a Waqf. How is it created and revoked?

Unit-V: Special Marriage Act & Indian Succession Act

Syllabus: Special Marriage Act, 1954 – -Salient features of Indian Divorce Act – Domicile – Maintenance to dependents/ Spouses – Intestate succession of Christians under the Indian Succession Act,1925.

6-Mark Important Questions:

  1. Domicile

15-Mark Important Questions:

  1. What is intestate succession? Explain the Rules of intestate succession for a Christian Male’s property.
  2. What are the Salient features of the Special Marriage Act, 1954?

10 Mark Family Law2 IMP Questions

  1. ‘A’ a Muslim husband pronounced triple talaq at once to his wife ‘B’. Explain the right of B under the newly passed central law – The Muslim Women (Protection of Rights on Marriage) Act, 2019.
  2. ‘X’ a Muslim Male, Sunni by sect, died leaving behind his wife two sons and two daughters. Distribute X’s property.
  3. A, a Hindu male marries a Muslim girl ‘B’ as per the Hindu customs and get it registered under the special Marriage Act, 1954. Whether the marriage is valid? Discuss.
  4. ‘P’ a Muslim married to ‘K’ a Muslim woman. After a period of 6 years married another Muslim woman ‘L’ and started neglecting ‘K’. K wants to obtain divorce from her husband. Will she be successful? Advise.
  5. ‘A’ a Muslim dies leaving behind his mother and a son’s daughter. Distribute his property to his heirs.
  6. ‘X’ a Muslim made an oral declaration of making a gift of 100 yards of his plot to his friend ‘Y’ and said it will be delivered to him after X’s pilgrimage. It was orally accepted by ‘Y’. Before the delivery of property, X died. Y wanted to obtain the property from X’s legal representatives. Will he succeed?
  7. ‘A’, a Christian boy married ‘B’ a Hindu girl married in a function hall with Hindu rites. Is that marriage valid under any personal law? If not, advise the couple to make it a valid one.
  8. ‘P’ a Hindu girl embraces Islam and marries a Muslim boy. After some time she reconverts to Hinduism. She wanted to dissolve her marriage with that Muslim husband. Advise her.
  9. ‘X’ a Sunni Muslim married a ‘Y’ a Hindu girl after her conversion to Islam. After a period of 5 years of marriage Y wants to come out of the marriage. What is the way out to Y without going to a court of Law?
  10. A, a Christian dies leaving behind a widow, two sons and two daughters. Distribute this property.
  11. ‘P’ a Hindu married ‘Q’ a Muslim girl in a Marriage function hall as per the Hindu customary ceremonies. After some time P abandoned Q. Q wants to file a petition for restitution of conjugal rights. Will she be successful?
  12. ‘A’ a Shia Women, marries a Christian male. Is the marriage valid? Will it make any difference if ‘A’ in a Sunni woman?
  13. A Muslim male, who is living abroad, would like to divorce his wife living in India. For this purpose, he delegated this right to his father. Will such delegation be
  14. A, a Christian dies leaving behind a widow, two sons and two daughters. Distribute the property among the legal heirs.
  15. A Muslim would like to give away 50% of his property by will to his near relatives.Can he bequeath 50% of his property. Discuss.

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