First Semester 3 Year LL.B. Examination, June 2011
FAMILY LAW – I : HINDU LAW (Course – IV)
Duration : 3 Hours Max. Marks : 100
Instructions :
1. Answer all 5 Questions.
2. One essay type question one short note or problem from each unit shall be attempted, and the same is referred as part (a) and (b) in all units.
3. Figures to the right indicate marks.
4. Answers should be written completely either in English or Kannada.
UNIT – I
Q. No. 1. (a) Explain the differences between Mitakshara and Dayabhaga schools of Hindu law. Marks : 15
OR/
Explain in detail the Hindu concept of law. State the sanctions for breach of moral law.
(b) Write a note on ‘custom’ as a source of Hindu law. Marks : 5
OR
Write a note on ‘Factum Valet’.
UNIT – II
Q. No. 2. (a) What is judicial separation ? Explain the grounds available for judicial separation. Marks : 15
OR
Explain the conditions for a valid marriage under the Hindu Marriage Act, 1955.
(b) Wife has moved the court questioning the constitutional validity of section 9 of the Hindu Marriage Act 1955 (Restitution of Conjugal Rights) on the ground of Right of Privacy – Discuss. Marks : 5
OR
Husband tries to marry second time. Wife, apprehending of her husband taking a second wife, wants to approach the court. Can she succeed ? Give reasons.
UNIT – III
Q. No. 3. (a) Explain the incidents of joint family property and separate property of the Hindu joint family. Marks : 15
OR
Explain the nature and extent of pious obligation.
(b) Mother, acting as the guardian of minor son, has effected the partition. Son, after attaining the age of majority, filed a suit of setting aside the partition on the ground of fraud. Can he succeed ? Marks : 5
OR
What is Doctrine of ‘Cy-pres’ ?
UNIT – IV
Q. No. 4. (a) When sucession opens ? Who are disqualified from succeeding to the property of the intestate ? Marks : 15
OR
Explain the general rules of succession of a female Hindu dying intestate under the Hindu Succession Act 1956.
(b) ‘X’ a Hindu male dies intestate leaving behind his father, two sons and a son of the pre-deceased daughter. Who can succeed to ‘X’’ s property ? What is the share of each person ? Marks : 5
OR
State the important changes brought about by the Hindu Succession (Amendment) Act 2005.
UNIT – V
Q. No. 5. (a) Explain the powers and liabilities of the guardian over the person and property of a Hindu minor. Marks : 15
OR
Who may give and take in adoption ? What is the effect of taking in adoption ?
(b) Can the guardian of a child whose parentage is not known give the child in adoption ? Marks : 5
OR
The immovable property of a Hindu minor is sold by the father for the benefit of the minor without the permission of the court. Is the sale valid ? Give reasons.