JGU Id. No.

_____________

O.P. Jindal Global University

Jindal Global Law School
End-term Examination – Semester B

Course Name : Family Law I

Course Code : L-CT-0010
Programme : BBA. LLB/BA LLB/LLB
Session : Fall 2021
Time Allowed : 24 Hours
Maximum Marks : 50

This question paper has _____ ( _ ) printed pages (including this page).

Instructions to Students:

1. Students need to submit the answers within the time period indicated by the examination department.
2. This question paper has two parts. Students need to attempt 1 (one) question form Part A, and two
(2) questions from Part B
3. Word limit is mentioned for each part.
4. Students should clearly mention the question number and subpart against their answers.
5. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

__________________________________________________________________________________________
Note: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized as per
policy.

JGLS [End-term Examination - Semester B, 2021]Page 1

 PART A

Attempt one (1) out of the following two (2) questions. Each question carries 20 marks. Word limit for this part is
950 words.

1. Surya (aged 18) and Divya (aged 16) were both high school classmates who were dating each other for a
couple of years. Since Surya was about to graduate from school, both of them decide to elope and get
married at a local Hindu temple in their hometown in Coimbatore (T.N). The priest makes them go
around a banyan tree in the temple courtyard and declares them as married. Soon after their clandestine
wedding, both parties decide to keep their marriage a secret until they complete their undergraduate
studies. On completing his undergraduate studies, Surya gets a job with a tech-based firm in Los
Angeles and at his work place meets Sukanya who’s from Chennai. After dating for a couple of months,
both of them decide to head back to India for solemnisation of their Hindu wedding at a local temple in
Chennai, in presence of their family and friends. To make the wedding rituals more simple and
meaningful, both of them read out their own vows promising to be there for each other for the rest of
their lives and then exchange rings followed by a wedding reception in the adjoining temple hall. Soon
after their wedding, they head back to the US. A year later, they immigrate to Canada on receiving a
permanent residency (PR) card and settle down in Toronto. After two years of their marriage, a daughter
Avantika is born in Canada and three years after receiving a PR card they are accorded Canadian
citizenship. After receiving citizenship, both of them decide to buy a new house in a suburb in Toronto
with access to schools and other facilities.

Meanwhile, after the birth of Avantika, marital discord begins as the burden of child rearing fell
completely on Sukanya. After her maternity leave, Sukanya had to quit her job as a software engineer in
order to care for her daughter full-time. During the first two years of Avantika’s birth Surya hardly ever
offered a helping hand in household chores, and also had no consideration for the fact that Sukanya was
suffering from post-partum depression after childbirth. In fact, Surya insisted that if Avantika wanted to
get back to work then her parents would have to provide necessary financial support to hire child
support services which were quite expensive in Toronto. In another year, Surya plans to move base to
London and set up an IT firm of his own there. As preparation for the purpose, he first secures a job in
London on a long-term work visa in order to enable the family to move there. He also sells his house in
Toronto, such that he has additional capital to set-up a new life in London. Once the family moves to
London, in two years time, Surya begins paper work for setting up his business and also files for
Permanent Residency in the UK. He continues with his job while he awaits getting necessary approvals
for the business and also awaits the decision on their residency application. By this time, however, signs
of Surya and Sukanya growing apart had started showing.

Over the years, marital conflict between the couple grew more intense, with Surya leaving Sukanya and
their daughter months on end on the pretext of business trips for seeking partnerships with tech-based
projects overseas. On one such occasion, Sukanya traced some photos on Facebook that showed Surya
holidaying with another colleague in one of the Carribean islands. While initially Sukanya remained
quiet about these long business trips, however, when these long absences began affecting their daughter

JGLS [End-term Examination - Semester B, 2021]Page 2

 Avantika’s well-being, she confronted Surya about his continued absence and wilful neglect of Avantika
who was by now attending school. On being probed by Sukanya, Surya reacted violently including
inflicting her with physical injuries and locking her up in their home to prevent her from seeking any
medical assistance for her injuries.

Given the marital abuse and strife, Sukanya decides to return to Chennai (India) with their daughter
Avantika. A few months later, she decides to file a petition seeking divorce, maintenance and custody of
her child before a Family Court. In his defence/written statement, Surya contests the maintainability of
the divorce petition itself on the grounds that the courts in India have no jurisdiction as parties are
Canadian citizens and also sets an alternative plea that his marriage to Sukanya is void since he had
earlier married his high school mate Divya years ago at a Hindu temple.

Decide the petition as a Family Court judge, by carefully applying the law, mindful of the role of the
Family Court in matrimonial disputes. (20 Marks)

2. Rahila, a Sunni Muslim and Najeeb, a Shia Muslim were married in a Nikah ceremony in June 2011. Rs
3 Lakh were fixed as Mehar, half of which was prompt and half was deferred. The entire amount of
Mehar remained unpaid. In the Nikahnama, Rahila had entered a stipulation that in case Najeeb marries
a second time, she will have a right to leave the matrimonial home and claim maintenance from him.
There was also a stipulation that in case of a second marriage, Rahila will have the right to divorce
Najeeb by pronouncing Talaq-e-Ahsan. Rahila was working as a teacher in a Government-run school in
Uttar Pradesh while as Najeeb ran a successful construction business. Overtime the couple started
growing apart, with Najeeb increasingly acting indifferent towards Rahila. He would hardly speak to her
or pay any attention to her while she tried reaching out to him, keen to mend their relationship.

In September 2018, a friend of Rahila told her that Najeeb was having an affair with a Shia woman
Asifa. When Rahila confronted Najeeb on this, he accused her of spying on him. He furiously
proclaimed that he does not love her anymore and in a fit of rage, he pronounced Talaq on her three
times. Rahila was distraught and left for her natal home immediately. In December 2018, Rahila
discovered that Najeeb has married Asifa in Mut’ah form. In the Mut’ah agreement, the time-period of
the marriage remained unspecified. Not remembering that he had pronounced Talaq on Rahila, Najeeb
files a case of Restitution of Conjugal Rights (RCR) against her in January 2019 at a Family Court in
Lucknow. Rahila contests the RCR by stating that her prompt Mehar remains unpaid and that Najeeb
has married a second time. An RCR decree is granted in favor of Najeeb in September 2019.

Rahila feels disappointed at the decision of the Family Court and files an appeal in the High Court
against the decree. Rahila’s appeal was admitted by the court for hearing. Around this time, Nawaz, a
common friend of Rahila and Najeeb, lets her know that Najeeb is living a happy life with Asifa and the
couple often host dinners for friends, and go on staycations with Najeeb’s family. This, while Najeeb
had never reached out to Rahila except for filing the RCR petition in January 2019. Meanwhile, she asks
her brother and father to see Najeeb and reason with him that in order for Rahila to return, he will have
to mend his ways and also end the Mut’ah with Asifa. When the men went to speak with Najeeb, he
refuses to even listen to these terms and states that he will teach Rahila a lesson and enforce his RCR
whether she likes it or not. After three days of this meeting, Rahila pronounces a Talaq-e-Ahsan on

JGLS [End-term Examination - Semester B, 2021]Page 3

 Najeeb on February 1, 2020 in presence of her brother and Nawaz, and asks him to immediately
communicate the Talaq to
Najeeb, as she does not want anything to do with such a callous man. Nawaz goes to see Najeeb on the
same day and lets him know of the Talaq. Najeeb dismisses this Talaq as having no relevance. On July
3, 2020, Rahila files for Maintenance, Mehar, and for the child-care allowance under Section 3 of the
Muslim Women (Protection of Rights on Divorce) Act, 1986.

While discussing the outcome of the appeal on the RCR, identify the legal issues in this case and decide
using precedent. (20 Marks)

PART B

Attempt two (2) out of the following Four (4) questions. Each question carries 15 marks. Word limit for each
question in this part is 800 words.

1. Pradyuman (Hindu) a hardworking police officer, is married to Rakhi (Hindu), an aspiring starlet in
2012 in Pune. On January 1, 2014, their baby girl Gita was born. By the time Gita was 4 years old, the
couple started having differences and began sleeping in separate rooms. In January 2019, Pradyuman
was transferred to Nagpur from Pune, while Rakhi wanted to move to Mumbai in order to pursue her
acting career. Pradyuman was not supportive of Rakhi’s desire to move to Mumbai. The family moved
to Nagpur, despite Rakhi’s reluctance. On February 1, 2020 as Pradyuman returned from work, he
discovered that Rakhi had left their home for Mumbai, taking Gita with her. He is furious, and files for
judicial separation from Rakhi on the ground of mental cruelty, and also applies for Gita’s custody in a
local Family Court. The judicial separation decree is granted in favour of Pradyuman. During the
custody proceedings in June 2021, Gita is asked by the judge who she wants to stay with. She answers in
favour of Rakhi, while pleading that she doesn’t want to be separated from her mother. At this time
Rakhi makes a living by getting bit-roles in daily soaps on Star Plus. Despite her limited means, she has
admitted Gita into a good school, and gives her the best facilities and care. Pradyuman draws a decent
salary and has been promoted to Dy S.P. Meanwhile, Rakhi has also filed for a guardianship certificate
before the court. She wants to be declared as Gita’s guardian so that she can invest her savings in Gita’s
name. Critically analyse on the basis of law and precedent:

a) How will the custody case be decided on the basis of principles identified in case law? (10
Marks)

b) Will Rakhi be declared as Gita’s guardian? (5 Marks)

2. Answer the Following:

I. Paramjeet (65 years) and his wife Kamaljeet (62 years) are Sikhs. They lived with their son
Amandeep, daughter-in-law Tajpreet and their 5-year-old granddaughter Simi in their family home
in Mumbai. Unfortunately, Amandeep and Tajpreet succumbed to the deadly second wave of the

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 COVID-19 pandemic in May 2021. Little Simi is distraught by the loss of her parents. She cries and
stays sad most of the days. Paramjeet and Kamaljeet decide to adopt a girl child who can be
company to Simi. They decide to visit a local orphanage for the purpose. Simi takes an immediate
liking to an 8 year old girl child named Nina. The Manager of the orphanage informed Paramjeet that
Nina was found abandoned at the local railway station and they took her in after the Child Welfare
Committee had declared her available for adoption.
a) If Paramjeet and Kamaljeet adopt Nina, will that be a valid adoption? Discuss using statute and precedent.
(6 Marks)

b) If Kamaljeet wanted to adopt Nina in the year 2008 as per her personal law, would that adoption have been
valid? (4 Marks)

II. Bikash, a Hindu man, got married to two Hindu women Hema and Chitra in the year 1945 and 1948
respectively. Bikash died in 1995 and Hema adopted a boy named Angad in 2000 without Chitra’s
consent. Angad is 25 years old now and he wants to claim a share in Bikash’s property as his
adopted son as well as a part of Chitra’s property. Chitra refuses to consider Angad as Bikash’s or
her heir/adoptive son. Angad has approached you for legal advice. Advise him based on statutory
principles and case law. (5 Marks)

3. Priya and Kishore were studying at KM University. Kishore was a PHD student while Priya was in the
final year of her BA degree. While in college, they fell in love and decided to live together. Before they
started cohabiting, Kishore had shared with Priya that he was previously married to someone else.
However, he had represented facts in such a way that it led her to believe that was he divorced at the
time of their cohabitation. On 3rd March 2020, Priya discovered she was pregnant. When her parents
came to know of this, they decided to register a flat in her name so that Priya and Kishore could move
into their own space. Kishore was also given a cash “gift” by Priya’s family. Priya gave birth on 6th
December, 2020 in their new house where they had moved together a month prior. Kishore used the
‘gift’ to make joint investments in his Priya’s name. They, however, had a limited social life. Soon after
the birth of their baby, they started having disagreements over child-care responsibilities, finances and
other matters. Kishore stopped providing for the Priya and the child. He physically assaulted her once as
well and hardly ever visited their shared home. It is at this point that Priya realized Kishore had not
divorced his first wife named Rina, and in fact had started living with Rina again. On 14th January 2021,
Kishore moved all his things out of their shared home and openly declared to Priya that he is going back
to his wife and their baby was not his responsibility. Priya moved-in with her parents and gave the flat
out for rent. Priya approached the Family Court asking for Maintenance under Section 125 of Cr.P.C.
She pleaded that she was overburdened with the growing expenses of taking care of her child. Kishore
argued that Priya was not his wife and hence he was not responsible to provide for her or for their child.
He further alleged that she has a flat in her name that was currently rented out and thus had a steady
income. He pointed out that her parents were getting her married again in a month and so he was not
obligated to maintain her at all. Decide citing applicable statute and precedent. (15 Marks)

4. Rahul, a 17-year-old boy living in Lucknow is bored of his life. He has a tumultuous relationship with
his parents who are devout Hindus and expect him to be one as well. They want their son, heir to their
enormous fortune, to get into the family business. Questioning his life and his place in the world, he
decides to run away from home in order to find himself. He runs away to Delhi where he stays with
JGLS [End-term Examination - Semester B, 2021]Page 5
 some friends. One day, during a party he meets Annie, a 16-year-old Christian girl. The two bond over
the orthodoxy of their parents’ religious ways. Over the next couple of weeks, they continue meeting
each other and hanging out. Soon, they fall in love and decide to get married. As a grand gesture of love
and to get back at his parents, Rahul decides to undergo baptism and convert to Christianity. The two
approach a Licensed Minister to solemnize their marriage without the knowledge of their parents. Their
marriage is solemnized on 13.10.2017 under the Indian Christian Marriage Act, 1872. The two begin
living together at their friend’s apartment. However, problems slowly begin to emerge between the two.
Annie is hurt

that despite Rahul’s conversion, he never wants to go to church or even meet her parents, who are eager
to reconcile with her. Further, Rahul does not work and prefers to sit around espousing the benefits of
atheism to whoever would listen. After two years, Annie decides she has had enough and decides to
leave him and return home to her parents. Meanwhile, Rahul feels humiliated and decides to file a suit of
RCR against Annie. Based on these fact circumstances, answer the following questions-

i) Was Rahul’s conversion to Christianity valid? (5 Marks)

ii) Does his conversion affect his ability to get married under the ICMA 1872? (1 Mark)
iii) Is the marriage between Annie and Rahul void? (5 Marks)
iv) A couple of years later, Annie and Rahul reconcile and decide to give their relationship
another chance (Annie is 19 and Rahul is 21). This time they decide to get their marriage
registered under the Special Marriage Act, 1872 but they did not want to let their parents
know. However, on consulting a lawyer and getting to know the procedure under the act, they
were apprehensive about it. Why were they apprehensive? Discuss with appropriate case-law.
(4 Marks)

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