JGU Id. No.

_____________

O.P. Jindal Global University

Jindal Global Law School
End-term Examination – Semester A

Course Name : Family Law-I

Course Code : L-CT-0010
Programme : B.A., LL.B.- Year II (2016) & LL.B. – Year (2017)
Session : 2017 - 2018
Time Allowed : 3 Hours
Maximum Marks : 50

This question paper has five (5) printed pages (including this page).

Instructions to students:

1. Answer any five (5) questions. All questions carries equal marks.
2. DO NOT write your Name and Student Id. No. anywhere on the answer book except on the space
provided.
3. DO NOT write anything on the question paper except Student Id. No. on the space provided.
4. Start each answer on a new page.
5. Use of mobile phone or any electronic storage or device and access system is strictly prohibited.
6. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

_________________________________________________________________________________________
This is a Closed Book examination. However, student are allowed to bring unannotated Bare Acts in the
Examination Hall. Case List is annexed with the Question Paper.
Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.
JGLS [End-term Examination -November - 2017] Page 1
Answer any five (5) questions of the following. All questions carries equal marks.

1. (a) Abdul and Shabana got married in 1992. They have two teenage daughters. Abdul, on a trip to London,
fell in love with Reshma and they got married in a Nikah ceremony. Shabana wants to seek divorce and
maintenance. Using cases and applicable law, discuss Shabana’s rights to claim divorce and maintenance from
her husband? Also discuss, to what extent and for what duration can she claim the right to be maintained?
(5 Marks)

(b) Abdul upon finding that Shabana has approached the Court for divorce, marched to her and said, 'Talaq,
talaq talaq!' Is this a valid divorce? Discuss using relevant precedents. (5 Marks)

2. In the last several years, with the spread of IVF technology for reproduction, surrogacy in India has gained
popularity among couples, both native and foreign. However, it has also been criticized for unethical practices
such as exploitation of surrogate mothers, among other concerns. While the demand for regulation has been
long pending, the proposed Surrogacy (Regulation) Bill, 2016 has provoked debate as well as criticism.
Discuss whether the Surrogacy (Regulation) Bill, 2016 is able to address the concerns of all stakeholders.
(10 Marks)

3. Ajay and Kajol are married according to Hindu rites in Mumbai on 25th December, 2010. The couple decides
to reside in Mumbai. Ajay works as an ad film maker in a premier visual effects company ‘Red Chillies
Entertainment’. His wife Kajol works as a competition lawyer in a law firm called ‘Trilegal’. Kajol gives birth
to a female child ‘Nysa’ on 27th October, 2013. On the evening of 3rd July 2016, Ajay slaps Kajol twice across
her face due to his displeasure about the quantity of sugar in the tea that she prepared for him and called her
a “useless hag.” Kajol being upset by his actions left the matrimonial house next day to live with her parents
in Delhi along with Nysa. Kajol did not answer Ajay’s telephone calls or emails for the next six months. Due
to this family conflict, Ajay suffered from depression and missed a lot of work days. Ajay was fired from his
job and is still unemployed. On the other hand, Kajol‘s legal practice is flourishing and she got promoted as
a partner in Trilegal’s Delhi office. When Ajay travels to Delhi in January 2017, Kajol refuses to meet him
and also doesn’t allow him to see or talk to his daughter Nysa. Ever since her move to Delhi, Kajol loses all
interest in the upbringing of her daughter and usually leaves her alone at home with her parents while she
visits night-clubs with her friends in Delhi.
a) As a judge, how would you decide the question of the custody of the child Nysa in a potential divorce
proceeding between Ajay and Kajol? Please provide reasons for your answer. (5 Marks)
b) Also comment on whether you would be influenced by Ajay’s preferential position as a natural guardian
under the Hindu Minority and Guardianship Act, 1956. Why or why not? (5 Marks)

4. Critically evaluate the constitutional validity of the “matrimonial remedy” of Restitution of Conjugal Rights,
while discussing relevant case laws. (10 Marks)

5. Sarah and Vinay enrolled in an LLM degree at the University of Dublin, Ireland. While studying together,
they start dating and eventually get married to each other in India after their graduation in July 2010. While
hunting for jobs in Delhi, Sarah is offered a position as a Guest Faculty in Denmark. Vinay finds a job at
Jingle University near Delhi. Both of them discuss the prospects of Sarah’s offer and decide that she should
JGLS [End-term Examination -November - 2017] Page 2
 pursue it. The couple decides to stay in a long distance relationship initially till they gradually figure things
out. As such, Sarah leaves for Denmark in Jan 2011. Sarah and Vinay kept visiting each other during holidays.
Vinay feels a bit uncomfortable with Sarah’s lifestyle in Denmark. In December 2013, Vinay, while visiting
Sarah, comments on Sarah’s drinking habits which leads to a huge fight. Vinay asks her to leave everything,
return to Delhi and be a housewife. Sarah refuses to do this, but tries to reason with Vinay. Vinay leaves
distraught at the end of the week. To make amends and cheer Vinay up, she decides to visit him on his birthday
in March 2013. Vinay, however, is not pleased to see her and states that she can only enter the house if she
promises to never return to Denmark. Sarah tries for reconciliation but fails, and returns to Denmark. Her
contract ends in April 2014. Between jobs, she faces financial constraints and moves back to India.

While hunting for a new job, she files for maintenance from Vinay in November 2014. Vinay files a counter
suit of divorce on the grounds of desertion. You are the judge in the case. Decide. (10 Marks)

6. Mahira (13 years old) and Saif (14 years old), both Sunni Muslims were married in a Nikah ceremony, with
Mahira’s father acting as her guardian, on July 12, 2015. A Mahr of Rs 1 Lakh was specified to be prompt in
her Nikahnama. The marriage had been arranged and agreed upon between the parents of the parties when
they were still infants. It was decided that Mahira will write her secondary school examination first, and
subsequently will move into Saif’s household to start their married life, after the families host a wedding
reception party for the couple. Her Mahr remained unpaid. Mahira continued to live with her parents and
attended school, where she and her Hindu classmate Lalit came to develop a liking for each other. In time, on
August 12, 2017, Lalit proposed marriage to Mahira. On August 30, 2017, Saif comes to know of Mahira’s
proximity with Lalit and files a case for restitution of conjugal rights. Mahira is interested in marrying Lalit,
but is worried about the validity of that marriage - Lalit being Hindu, and she being already married. She also
does not want Saif’s restitution suit to succeed, wants to end her marriage with Saif and claim her dower. She
comes to you for advice. Using case laws and relevant readings, advise her in detail, discussing the concepts
of option of puberty and Mahr and the remedies available to her? (10 Marks)

7. The Hindu Marriage Act, 1955 prohibited bigamy, however, the implementation of this prohibition has been
a matter of controversy. It has also been argued that due to the imposition of this prohibition, women in
bigamous marriages lost their right to maintenance. Discuss these positions with reference to case laws and
relevant readings. (10 Marks)

8. Shahrukh and Gauri married in a Nikah ceremony in London in October 2011. In December 2011, they
approached the Indian Embassy in London, and obtained a marriage certificate under the Foreign Marriage
Act, 1969. Soon after, they returned to India. After some years, marital discord broke out and Shahrukh gave
a triple talaq to Gauri. Shahrukh then drove Gauri out of their home. He filed a petition for declaration that
Gauri has been divorced under Muslim personal law. Gauri comes to you for advice as for the applicable law
in her marriage. Discuss which laws will govern their marriage referring to statute and relevant case laws.
(10 Marks)

JGLS [End-term Examination -November - 2017] Page 3

 CASE LIST

1. Aakansha Roy Rasmussen v Adwait Anil Dixit, 2015 SCC OnLine Bom 558
2. ABC v State, 2015 SCC OnLine SC 609
3. Abdul Kadir v. Salima And Anr (1886) ILR 8 All 149
4. Abdurahiman v. Khairunnessa, (Kerala High Court, March 1 2010)
5. Baby Manji Yamada vs Union Of India (Supreme Court of India, Sept 2008)
6. Badshah v Urmila Badshah Godse, SC 2013
7. Bhagwan Dutt V Kamla Devi, AIR 1975 SC 83
8. Bipinchandra Jaisinghbai Shah v. Prabhavati, AIR 1957 SC 176 122
9. Chand Dhawan v Jawaharlal Dhawan 1993 SCC (3) 406
10. Chanmuniya v Virendra Kumar Kushwaha, 2010
11. Chaturbhuj V Sita Bai, (2008) 2 SCC 316
12. Danial Latifi v. Union of India (2001) 7 SCC 740
13. Dharmendra Kumar v. Usha Kumar, AIR 1977 SC 2213 139
14. Geeta Satish Gokarna V Satish Shankarrao Gokarna, AIR 2004 Bom 345
15. Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228
16. Gullipilli Sowria Raj v Bandaru Pavani AIR 2009 SC 1085
17. Harvinder Kaur v. Harmander Singh AIR 1984 Del 66
18. Hirachand Srinivas Managaonkar v. Sunanda, AIR 2001 SC 1285 149
19. Indra Sarma vs V.K.V.Sarma 2013 (14) SCALE 448
20. Itwari v. Asghari and others
21. Jan Balaz v Anand Municipality, AIR 2010 Guj 21
22. Kailash vati v Ayodhia Prakash (1977) 79 PLR 216
23. Khursheed Ahmad Khan v. State of U.P., SC, CIVIL APPEAL NO.1662 OF 2015
24. Lakshmi Kant Pandey v.Union of India AIR 1984 SC 469
25. Lakshmi Sanyal v. Sachit Kumar Dhar AIR 1972 SC 2667
26. Leelamma v. Dilip Kumar AIR 1993 Ker 57
27. Lily Thomas V Union of India, AIR 2000 SC 1650
28. Mahendra Kumar Gaikwad v. Gulabbhai 2001 Cr LJ 2111 (Bom)
29. Marium v Mohd. Shamsi Alam, AIR 1979 All 257
30. Masroor Ahmed v. State NCT of Delhi
31. Mohd. Ahmed Khan V Shah Bano Begum, AIR 1985 SC 945
32. Mohd. Nihal v. State (Jul. 8, 2008)
33. Molly Joseph v. George Sebastian AIR 1997 SC 109
34. N.G. Dastane v. S. Dastane, AIR 1975 SC 1534 81
35. Navalkar v Meena Arun Navalkar AIR 2006 Bom 342
36. Naveen Kohli v. Neelu Kohli (2006) 3 SCC 491
37. Noor Saba Khatoon v. Mohd. Quasim, AIR 1997 SC 3280
38. P. Venkataramana v State AIR 1977 AP 43
39. Priya Bala Ghosh v Suresh Chandra Ghosh AIR 1971 SC 1153
40. Ram Prasad v. State of UP AIR 1961 All 334
41. Ravi Kumar v The State 124 (2005) DLT 1
42. S. Nagalingam v Sivagami AIR 2001 SC 3576
JGLS [End-term Examination -November - 2017] Page 4
 43. Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253 101
44. Sarla Mudgal v Union of India 1995 AIR 1531, 1995 SCC (3) 635
45. Saroj Rani v. Sudershan Kumar AIR 1984 SC 1562
46. Savitaben v. State of Gujarat, AIR 2005 SC 1809
47. Savitri Pandey v.Prem Chandra Pandey (AIR 2002 SC 591)
48. Selva Saroja v. Sasinathan (1989) Cr LJ 2032
49. Shabnam Hashmi v. Union of India (Supreme Court of India, February 2014)
50. Shamim Ara v. State Of U.P., KLT 2002(3) (SC) 537
51. Shamima Farooqui v. Shahid Khan, 2015 SCC OnLine SC 288
52. Sondur Gopal v Sondur Rajini Supreme Court of India, 15 July, 2013
53. Sonia Kunwar Singh Bedi v. Kunwar Singh Bedi, Civil Application No. 448 OF 2014 (High Court of
Bombay, 17/10/2014)
54. Sujatha v. Jose Augustine (1994) II DMC 442
55. Sureshta Devi v. Om Prakash AIR1992SC1904
56. Swaraj Garg v. Garg AIR 1978 Delhi 296
57. T. Sareetha v. T.Venkata Subbaih AIR 1983 AP 356
58. T. Srinivasan v. T. Varalakshmi, 1 (1991) DMC 20 (Mad.) 142
59. Tara Bano v Iqbal Mohd , Rajasthan High Court 2009.
60. V.Bhagat v. D. Bhagat, AIR 1994 SC 710
61. Velusamy v Patchaiammal, 2010
62. Vijaya Manohar Arbat vs Kashi Rao Rajaram AIR 1987 SC 1100
63. Vijayalaxmamma v. B.T. Shankar, (2000) 4 SCC 538
64. Vinay Pathak And His Wife v. Unknown, Bombay High Court, September 2009
65. Vinny Parmar V Paramvir Parmar (2011) 13 SCC 112.
66. Vishwa Lochan Madan v Union of India (2014) 7 SCC 707.
67. Yousuf Rawther v. Sowramma, AIR 1971 Ker 261
68. Zohara Khatoon V. Mohd. Ibrahim, AIR 1981 SC 1243

JGLS [End-term Examination -November - 2017] Page 5