Family Law II Notes Kslu Grand Final

lOMoARcPSD|22892354
Family Law II Notes KSLU Grand Final
Llb 3 years (Karnataka State Law University)
Studocu is not sponsored or endorsed by any college or university

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)
lOMoARcPSD|22892354
FAMILY LAW - II
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY
MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS
By
ANIL KUMAR K T
Mob: 9584416446

lOMoARcPSD|22892354
Karnataka State law university 3 & 5 year LLB

ANIL KUMAR K T LLB COACH
Family Law - II
Most important Previous year questions
1. Explain the various sources of Muslim laws and Mohammedan law.
2. Define marriage and Muta marriage. State the differences between two.
3. Define dower? Discuss the wife’s right and remedies on non payment of
Dower.
4. Define dower? Explain the various kinds of dower?
5. What are the essentials of a valid marriage under Mohammedan law.
6. Write a note on Shariat act 1937.
7. Discuss the different modes of Talak.
8. What are the powers of guardians under Mohammedan law.
9. Define will? State the limitations on a Mohammedan in making a will.
10.What are the powers of Mutawalli.
11.Write a note on succession certificate.
12.Write a note on Death bel gift.
13.Write a note on uniform civil code.
14.Define privileged will. State the rules for executing privileged bill.
15. Who is a curator? When he shall be appointed? What are his duties.
16. Write a note on right of pre-emption and family courts.
17.Explain different forms of talak? When talak becomes Irrevocable.
18.Nullity of marriage under Indian divorce act.
19.What is Wakf? Explain the essentials of valid wakf.
20.Define domicile? What are the methods of acquiring domicile under
Indian succession act 1925.
21.Explain the law relating to guardianship of the property of a minor.
22.What are the protections available to the Muslim divorced wife under
the Muslim women ( protection of rights on divorce) act 1986.
23.Write a note on Ua and Zihar.
24.Write a note on legitimacy and legitimation.
25.Define probate? Explain the procedure for obtaining probate.
26.Explain briefly different kind of bequests.

lOMoARcPSD|22892354
27.Define will? What are the kinds of bills? How the unprivileged will will be
executed.
28.Write a note on specific legacy and demonstrative legacy.
29.Write a note on private waqf and pubic waqf.
30.Explain the powers and duties of executor.
31.What is maintenance? Comment on the present law on maintenance
under Muslim law.
32.Marriage under muslim law is civil contract critically examine the
statement.
33.Define preemption? State the person who can claim preemption.
34.Who is mohammedan? State the effects of conversion of a married
mohammedan in to other religion.
35.Write a note on custody of child and paternity.
36.Explain enumerate differences between sunni and shia regarding
marriage , dower and divorce.
37.Define and distinguish between valid, void and irregular marriages under
mohammedan law.
38.What is the significance of succession certificate? State the procedure to
obtain it.
39.Differentiate Talaq and divorce.
40.Explain the legal impediments of a muslim marriage.
41. Who is an administrator? What are his duties and powers.
42.Write a note on Khula mabaza.
43.What are the powers of a Dejura and Defacto guardian
44.Write a note on Quran.
45.Write a note on Hizarath.
BY
ANIL KUMAR K T
LLB COACH

lOMoARcPSD|22892354
1) Explain the various sources of Muslim law & Mohammedan law
There are four main classical sources of Mohammedan Law
1) Quran or the Holy Kuran:
It contains 6000 verses arranged order
2) Sunna (Tradition)
It contains of the usage of the prophet. It deals with the principles of Islamic religion
and also important sources like the Quran
3) Ijmas :
It is the identical thinking of various jurists of the Muslim religion
4) Qiyas :
It is the conclusion delivered by congaing the above three sources
5) Imamet :
The shias regard the Inam as the final interpreter of the law on the earth
Source of Muslim Law in India
a. MusalmanWakf validating Act 1963

b. Muslim personal law ( Shariat) Application Act, 1937
c. Dissolution of Muslim Marriage Act, 1939
2. Judicial precedents (case loss of Supreme Courts and High Courts)
3. Certain books of Jurisprudence and reference books.
2.Define Marriage & Muta Marriage State the differences between two.
Introduction.
According to Mohammedan law, the marriage is a civil contract and not a sanctity. So
all the requirements of a valid agreement are also required for Mohammedan marriage.
But for the capacity of parties the Mohammedan law prescribes 15 years as puberty.

lOMoARcPSD|22892354
The consideration of Mohammedan Marriage is called < Dover= which the wife
receives from the husband. It is equivalent to <Quid Proquo= of Indian Contract act.
Abdul KhadaVs. Salima
In this case it was pointed out by justice
1) Proposal and acceptance

2) There should not be caution fraud or Judie’s influence
3) A Contract entered into by a guardian on behalf of a minor may be repudiated
((refuse to acknowledge)
4) The parties to the marriage may enter into any anti puptial or post puptial
agreement enforceable by law
5) Breach of contract of a marriage is also punishable like that of a contract
6) If was also pointed out that a valid marriage created. Rights and duties between
the wife and the husband.
7) Power is a sum of money / property promised by the husband to be paid to the
wife in consideration of marriage and even if no dower is fixed, the law confers
the right of dower upon the wife. Since the marriage contract is easily dissoluble,
the right of dower to the wife is a fundamental feature of the marriage contract
Refusal to pay the prompt dower gives the wife, the right of refusal to cohabit or
live with the husband but this right is not available in the case of deferred dower
Essentials of a Valid marriage:
1. The Parties to the marriage should attain puberty otherwise, such

contract should be entered by the guardian of the parties ( Publicity –
15 years)
2. Dissolution of marriage under the <Option= of puberty is available
in the following cases
(i) She must be given in marriage by her father or other guardian
(ii) The marriage must have taken place before she attained 15
years.
(iii) She must repudiate the marriage before she attained 18 years

lOMoARcPSD|22892354
(iv) The marriage should not have been consummated the age of
puberty in 15 years.
3) The party should be of sound mind otherwise the guardian of the

incompetent party should enter into the contract.
4) There must be an offer and acceptance at the same meeting and

not at different meetings. At least 2 male witnesses
5) The parties to the marriage should not be within prohibited

relationship
6) There is some temporary disqualification can have a maximum of

four wives at the time.
7) There can be no marriage between a non Mohammedan male and

a Mohammedan Female. He an marry a Mohammedan Female
Muta Marriage
It means a temporary marriage the marriage is for a fixed period. This type of marriage
is recognized in the shia loss
Essential
1) The amount of dower must be fixed. If it is not fixed, thus the marriage becomes
void
2) If the marriage is consummated, half the amount of the dower should be paid to
the wife
3) The period of co-habitation must be fixed
4) A shia can make a valid muta marriage with a non Mohammedan woman. But a
shia female cannot marry a non Mohammedan male.
5) The muta marriage comes to an end when the fixed period is over.
6) Divorce cannot take palce in muta marriage but the husband by paying the full
amount of dower
7) The children born out of muta marriage are legitimate they can inherit the
property of the parents.

lOMoARcPSD|22892354
3) Define dower discuss the wife’s right and remedies on payment of dower?
Introduction:
Dower is a sum of money or other property promised by the husband to be paid or

delivered to the wife in consideration of marriage. Even if such dower is not expressly
fixed or mentioned during the ceremony, the wife has the right to get dower.
Since the Mohammedan marriage contact is easily dissolve and the husband has the
freedom of divorce and also in order to restrict polygamy
The object of dower
1. To create an obligation on the husband to place his life in respect.

2. To restrain the frequent use of divorce by the husband and
3. To provide for the wife’s living after the dissolution of her marriage or death of
her husband.
Types of dower
1. Specified dower
2. Customary dower or proper dower specified dower is again divided into
3. Prompt dower
4. Different dower
Case law
Life MusthanShahibVs Assam Bibi
The life refuse for consummation of marriage until the prompt dower is paid. Even after
consummation if prompt dower is not paid on demand by the wife she may refuse
further consummation of marriage.
If the husband sells for restitution of conjugal rights a conditional decree may be
granted by the court, that the husband should pay the prompt dower within the time
fixed by the court.
The following are the remedies available for a divorced woman or widow to
enforce the dower debt

lOMoARcPSD|22892354
1) Enforcement of dower in the case of divorce

2) Enforcement of dower after death
Case Law:
Maine BibiVsChaudaryVakil Ahmed
BabeeBachurVs.Sheik Hamid
Widow’s right of Retention:
The right of retention means the right to continue in the possession of the husband’s
property after the termination of marriage until the satisfaction of the dower debt. A
widow’s right to retain possession of her husband’s estate in lick of her dower , is to
obtain speedy payment of the dower which is an concerned debt.
In case she is dispossessed by a trepanned, she can sue within 12 years under Article 12
of the Indian Limitation Act. The widow can see her husband’s heirs for the recovery
of the dower out of his assets ever though she is retaining the property .
4. Define dower discuss the various kinds of dower
Earlier answer to be read
5.What are the essentials of a valid marriage under Mohammeden law?
1) Proposal and acceptance
2) Competent to contract
3) Preferential mate solution
4) Religion of the parties
5) Free from legal disability
6) Consanguinity
7) Affinity

lOMoARcPSD|22892354
8) Fosterage etc
6) Shariat Act, 1937
Before the enactment of the Shariat Act 1937 different enactments were forced in
different parts of India regulating the application of Muslim lod.
The act applies only when the person is a mention, and is competent to contract within
the meaning of section 11 of Indian contempt Act, 1872 and he should be resident of
India. This act applies Muslim personal law in a number of important matters where
parties are Muslims.
The following are the subjected expressly declared in which Muslim personal Law
(Shariat) shall be applied
1) Intestate Succession
2) Special property of families including personal property inherited or
obtained under contract
3) Dissolution of marriage
4) Maintenance
5) Dower
6) Guardianship
7) Gifts
8) Trust and trust properties and Wakfs
7.Muta Marriage
Earlier Answer to be referred
8. Discuss the different mode of Talak
Introduction:
Talaq or divorce is the poem of the husband to dissolve the marriage at any time without
going to the court or without assigning any reason for his action. This arbitrary power
of the husband is a unique feature under Mohammeden law.
TalakAbsan or Khula (Talaq for single time)

lOMoARcPSD|22892354
Here the husband is given opportunity to reconsider this pronouncement of divorce

during the period of Iddalak ( three months from the date of declaration and if the
woman is pregnant till the date of delivery)
Rashid Ahmad VsAnishaKhatoon
• Iddat should be observed by the wife

• After observing Iddat she should be lawfully married to another husband
• This intervening marriage must be actually concentrated
• The second husband must divorce due or he must have been dead
• The wife should observe Iddat after this divorce or death.
b) TalakHanan (Talak for three times)
here also Talak is pronounced during a tuhr. In the next tubr third pronouncement
is made. They should not be any sexual intercourse during the periods of three tubrs
After the third pronouncement, the Talak becomes complete irrevocable
Additional grounds of Divorce by wife:
Under the shariat Act, 1937 besides the divorce by abasanhasar etc. Two more grounds
are available for the wife
1) Zihar ( Injurious Assimilation )

2) Ila ( Vow of continent )
Talak – ul – biddat (Irrevocable divorce)
The husband pronounce Taluk three times. After this triple pronouncement, the
marriage gets dissolved and is irrevocable
d)Taluk –ul-bain
Here the husband utters the talak in a single instant and indicating his intention that it
is irrevocable
1) The divorce Woman must be married to another person.

lOMoARcPSD|22892354
2) Such marriage must be consummated and then it must be dissolved. Then

only the first husband can marry her.
d. Divorce by Redemption by wife ( Kherla)
It is a type of divorce where if the wife is not satisfied with the husband, she can
offer to give the dower amount to her husband
e. Muburaat
It is a type of divorce by mutual consent. Hence the dissatisfaction is of both the
husband and life.
Divorce by wife
A Mohammeden wife may sue for dissolution of marriage on the following
grounds
1) (Lien) if the husband falsely accuse the wife of committing adulteress. She
can see for divorce
2) Caveat:
The wife has got a right to enter a caveat against her husband who shall
damage her character and to claim reparation of the wrong done to her by
him
3) Taluk by Tafweez
If the husband has agreed zender on agreement that she may sue for divorce
under certain contingencies. She may to do so it such contingencies arises. Once such
a power is given by the husband, it cannot be rushed.
9) What are the powers of guardian under Mohammeden law
a) Fiduciary relation of guardian to ward ( Section 20)
b) Capacity of minors to act as guardian (Section 21)
c) Duties of guardian of the person (Section 24)
d) title of guardian to custody of ward ( section 25)
e) Duties of guardian property (Section 27)

lOMoARcPSD|22892354
f) Power of Testamentary guardian ( Section 28)
* Power of mortgage or cheque
* Transfer by sale
* gift
* Exchange of immovable property
* Lease of any part of that property for a firm exceeding five years or for any term
extending more than one year beyond the date on which the ward will come to be a
minor
10) Define will state the limitation on a Mohammeden in making a will?
Introduction:
A Will in the declaration by the owner as to how his property is to be distributed after
his death. A will takes effect on the testators death and may be revoked at any time
before his death
Limitations :
1) It should be lawfully made are should exit at the time of the legato’s death
2) Can be made orally or by clear gestures and they are valid
3) The legato’s intention to make the will
4) Term and condition of the Will
5) Provision of the Will
6) The legato’s clear intention should be proved
7) His signature is not essential
8) If the will is signal it need not be attested
9) Revocation can be done only by the legato dining his life time and not by his
heirs
10) Revocation of a will by the legato may be express or implied by the legato’s
conduct
11) After the legato’s death the legato’s can revoke the will

lOMoARcPSD|22892354
12) If the legato’s her o heir the will shall lapse
11.What are the powers of mutawalli?
1) He can see for a declaration that he is the Mutawalli and for the possession of the
wakf property
2) Mutawalli has the power of Management and administration of Wakf properties
3) He has the full power of utilizing the wakf property for the case.
4) During Execution proceedings the property of a wakf is not liable for attachment
5) The Mutawalli may obtain the court’s permission for alienating the wakf property
6) Possession of a Mutawalli cannot be adverse to the wakf
7) Power of alienation with the permission of the court.
8) power of granting lease
12) Succession certificate
Inroduction:
( Section 370 to 390)
A succession certificate is a certificate granted by the court with respect to any debt or
security, to which a person is entitled as a result of succession to another man’s property
the succession certificate given protection to the debtors of the deceased against the
multiple claims of the debt by different relatives.
Effect of succession certificate:
• The succession certificate acts as a shield to the debtor from too many claim
• The successor certificate raises conclusive presumption that the holder is the
legally authorized to collect the debts due to the deceased.
• The debtor refuses to pay the debt to the holder of the succession certificate, then
he is liable to pay the debts with interest

lOMoARcPSD|22892354
• The succession certificate is not a proof for the existence of debt or for receipt
of money
13.Death - Bed gift (Marzz ul maul)
There are gifts made by a person who is suffering from death illness such gift may be
paid along with the legacies left by the deceased, after payment of statutory expenses
Essentials:
1) The person suffering from illness is must

2) Such fear must be subjective
3) There should be some indication that illness is fatal
4) The illness must not before a long period
5) The person who is ill mental die
6) A gift made during the death illness is considered as a gift can will and a valid
gift
7) The gift must not violate the rate of bequeathable one third rub
8) If the deceased has made acknowledgment of debt in favour of an heir, such an
acknowledgment is not admissible as proof of the debt
9) Debts acknowledged by the deceased when he was not suffering from death
illness.
14) Uniform Civil Code:
The political party namely Bharathiya Janathaparty propagate the implementation of a

uniform civil code, but the other political parties are against the implementation of the
UCC
The main object of the uniform civil code is to homogenize the personnel laws of all
religions. In others only India should have a uniform law denting with marriage divorce,
succession, inheritance and maintenance of all religion.
Mohammeden Ahmed Khan Vs. Shah Bano Begam popularly known as the shed Baro
case.

lOMoARcPSD|22892354
< A common civil code wills help the clause of national integration by removing
disparate loyalties to law which have conflicting ideologies=
• The state should preserve and improve animal husbandry and prohibit and
laughter of cows and slaves.
• Forests and wild life of the country should be protected.
• The state should protect every monument or places or objects of historical
interest
• In order to promote the rule of law, the state should separate the judiciary from
Executive.
• The state should promote international peak maintain honorable relation between
nation
14. Define privileged will state the rules for executing privileged will?
Privileged will ( Section 65)
A Privileged will be a written by a testator when he is
• A soldiers employed in an expedition or engaged in actual warfare

• A airmen employed or engaged on expedition or warfare and
• A mariner at sea
Rules for executing privileged will
1) A privileged will may be made orally before two witnesses present at the same time.
2) If the privileged will be in the hand writing of the testator then it need not be signed
or attested
3) The body of the will can be written by another person but it must be signed by the
testator. It need not be attested
4) If the privileged will is not written or signed by testator it can be written by another
person under his direction
5) If he has given only instruction then such instruction can be considered as will after
his death

lOMoARcPSD|22892354
6) if he given instructions for the preparation of a will before two witnesses and if it is
reduced to witnesses and if it is reduced to writing in his absence but during his life
time, then it is valid.
16) who is a Curator? When he shall be appointed? What are his power and duties
Introduction:
(Section 192 to 210)
When the owner of the property dies, the relation try to take possession of the property.
If he dies intestate the property should be legitimately taken possession by his legal heir,
if he written a will it should go the executor or administrator.
• The Person who is entitled to possession of the property may file an application
within 6 months of the death of the testator. Before the District Judge of the
District where the property in situated.
• Any agent relative or friend may file the application on behalf of a minor or a
person who is absent.
• The judge shall examine the applicant and make other enquiries and on
satisfaction that the party in possession has no lawful title
• The district judge laws publication of notice of vacant or disbursed possession
• Under the order of the District Judge, the person having right possesses is put in
possession. The decision of the District Judge is final.
• The District judge appoints an officer who shall take an inventory of effects and
the seal or service the same such an officer is called curator.
• The district judge shall take security from the creator for the faithful discharge
of his trust and may authorize him to receive out of the property such
remuneration not exceeding 5% till surplus money released by the curator is to
be paid to the court.
Powers of Curator and duties
• Prevent misappropriation or limit of property

lOMoARcPSD|22892354
• A Curator appointed should not exercise any authority power lawfully belonging
to the holder of the certificate
• Payment of debts etc
• Probate or letters of administration
17) Family courts
Family disputes are different from property disputes and hence a separate court of
decide family disputes became necessary. The procedure of conciliation between the
marital spouses and also the protection of the interests of the children are the twin
objectives for setting up family courts.
Subject to the other provisions of this act, family court shall have and exercise all the
jurisdiction. Family courts are established in a town or city where the population exceed
1,000,000
Appointment of Judges
1) With the concurrence of the high court the state government may appoint one or
more persons to be the judge or judges of a family court
2) When a family court consists of more than one judge qualification for a judge
3) He should have hell a judicial office in India or the office of a member of a
tribunal or any post under the union or a state requiring special knowledge of
law for at least seven years
Or
4) He should have been an advocate of a High Court or of tie or more such courts
in succession for at least seven years.
5) A judge of a family court should not be above the age of sixty two years
Proceedings before the family court
The following are the proceedings before the family courts
a) Divorce:
A suit or proceeding between the parties to a marriage for decree of a
nullity marriage.

lOMoARcPSD|22892354
Restitution of conjugal rights or judicial separation or dissolution of

marriage
b) A suit or proceeding for an order or injunction in circumstances arising out

of a martial relationship
• A suit or proceeding for maintenance (Alimony)
• A suit or proceedings in relation to the guardianship of any member
18) Right of pre emption :
The right of pre emption is a right to acquire by compulsory purchase of immovable

property in preference to all other person.
The object of pre emption is to prevent the introduction of a stranger among 10 sharers
Essential of the doctrine of pre emption
• It is a right of the owner of a certain immovable property to obtain proprietary

possession of certain other immovable property on his own
• Such right is in substitution of the buyer who has already purchased the other
immovable property.
• The term of purchase of the immovable property by the owners are the same as
that of the purchase by the other buyer
• The objective of pre emption is the quiet enjoyment of the property
19 ) Explain the different forms of Talak? When Talak becomes irrevocable
• After the third pronouncement, the talak becomes complete and irrevocable. So
during the period of Iddat the sexual intercourse will not revoke the divorce .
After the third pronouncement, if the children are born, they become illegitimate.
• Talak – ull – biddat ( Irrevocable divorce)
It is recognized in sunnilow . It is not recognized in shia law.

lOMoARcPSD|22892354
It is called Irrevocable divorce. Here the husband pronounced Talak 3 times.

After this triple pronouncement, the marriage gets dissolved and is irrevocable
Once the Talaq is pronounced by the husband or the Talak nama (Deed) is
executed, immediately the marriage gets dissolved. There is the waiting period.
This kind of divorce is not in conformity with the traditions prescribed by the
prophet and considered sinful, though it is legally valid.
20. Nullity of marriage under Indian Divorce Act

Introduction:
(Section 18)
A husband or wife may present a petition to the District Court praying that his /
her marriage declared null and void.
A marriage may be nullified on the following grounds
1) The respondent had been impotent at the time of marriage and at the time of
institution of the suit.
2) The petitioner and Respondent are in prohibited dyers of consanguinity or
affinity.
3) The Petitioner and Respondent was a lunatic or idiot at the time of the
marriage.
4) The former wife / husband of the Petitioner or respondent was living at the
time of the marriage
5) Bigamy
21) kinds of guardianship Under Muslim Law
* Guardianship of person of a minor ( Hizanal)
* Guardianship of property
a. Legal guardian
b. Testamentary guardian
c. Certified guardian

lOMoARcPSD|22892354
d. defacto guardian
22. What is wakf? Explain the enmities of valid Wakf?
Introduction:
<Wakf= Mean dedication of property to the ownership of god for religious or charitable
purposes. The person who dedicated the property is called the wakif. The wakif may
appoint a manager to administrate the property such a person is called Mutawalli
The wakf himself may become the Mutawalli. He is not the legal owner, but only an
administrator. The difference between a trustee and Wakif is that the trustee may be
legal owner. But wakif is not a legal owner.
Essentials:
1) The wakif should be the owner of the dedicated property

2) He may be a put of owner
3) He should be a Mohammedan, a sound mind and not a minor
4) The dedication of property should be for religious pious or charitable purposes.
Eg. Giving aims to poor reading quran at public places etc
The property of wakf must be of permanent character
• A contingent wakf or conditional wakf is void

• The object of the wakf must be clear and certain
• The subject may be both movable or immovable property
The wakf may be created orally or in writing
22. Define domicile? What are the methods of acquiring domicile under Indian
Succession Act, 1925
Introduction:
The basis of Indian Succession Act, 1925 is the Indian Succession Act.

lOMoARcPSD|22892354
Domicile means the relationship between a person and a state for determining the
punctual street and the law applicable to such a person in the matter of majority
marriage, divorce and succession’
For the purpose of Indian succession act, for dealing with the succession the domicile
is centennial properties are divided in to two types namely movable and immovable
properties
Procedure for acquiring domicile?
Section 2 of the Indian Succession Act prescribe the mode of acquiring domicile in
India
1) Declaration
2) Deposit
3) Residence
1.Declaration:
The person wishing to acquire the domicile of India should declare his intention in
writing.
2. Deposit
Such declaration in writing must be deposited with the Registrars of domiciles
3. Residence
The person making such declaration and deposit must have resided in India for at least
one year prior to the date of presentation of the declaration
23. Explain the for relating to guardianship of the property of a minor?
Hizanat
• A minor of tender age is under the custody of the mother and in her absence,
female relatives of the mother shall be entrusted with the custody of the female
child.

lOMoARcPSD|22892354
• If the mother and maternal relatives are not then, further is the guardian and if
he is not there the nearest male paternal relative within the prohibited agree of
relationship shall be the custodian
• If there is no relative for the minor, then the court shall appoint a guardian for
the minor
• Even if for both son and daughter the mother is the first guardian they attain 7
years of age. But in the case of daughter , it extends till the daughter attains
puberty.
• After attaining puberty the father becomes the first guardian till marriage. After
marriage the husband become the first guardian
• In case of divorce, the custody of the infant children is given to the mother only
• If the son or daughter is below 7 years and mother is a hepatic or has died. The
other relatives as given in the above list become guardian
• If the child is illegitimate the mother is the first guardian, irrespective of age.
After her relatives and not the father becomes guardian
• In shia law the mother is the guardian for both male and female child till the
weaning period of 2 years.
24. What are the protection available to the Muslim divorced wife under the
Muslim women ( Protection and rights on divorce) act, 1986.
1) A reasonable maintenance within the period of Iddat, Iddat in the case of

divorced woman in
2) Three mistrial course after her divorce, if she is subject to menstruation
3) If she is not subject to menstruation three lunar month after divorce
4) If she is payment at the time of divorce, the duration from the divorce till delivery
or termination of pregnancy whichever is earlier.
If the divorced woman maintain her children born either before or after divorce the
former husband should provide a reasonable maintenance for two years from the date
of birth of such children.

lOMoARcPSD|22892354
3. If the divorced woman does not get the reasonable amount to dower, maintenance
or properties as claimed by her she or her duly authorized person may make an
application for payment of such amount to the magistrate
1. After the Iddat period if the divorced woman who has not remarried is not able
to maintain herself the magistrate may make an order directing the relatives of
the divorced Woman who would be entitled to inhabit her property on her death
to pay reasonable and fair maintenance amount to her.
2. If the divorced women has no relative, children or parents who have the
sufficient means to pay her maintenance, the magistrate may order the state wakf
board to pay the maintenance as determined by him at such periods as specified
by him in his order.
3. If the divorced woman and her former husband jointly or separately declare in
the prescribed mode on the date of the first hearing that they prefer to be
governed by section 125 to 128 of the Cr.P.C thus the magistrate shall dispense
of such application according to their preference.
25. Write a note on Ila & Zihar
1) Zihar ( Injurious assimilation)
If the husband calls his wife as his mother or compare her with any female relatives
who are in prohibited decrees she can deny her company to him till he attorney for it or
she can apply for divorce
During spiritual penance prescribed by religion such practice is allowed, but he should
resume sexual relationship with his wife after such penance. If he does not observe
penance but calls her as his mother, she can claim divorce
2. Ila ( row of continence) :
In this type the husband swears that he will not have sexual relationship with his wife
for more than 4 months its per the Hanaif (a) the marriage gets dissolved irrevocable on
fulfillment of this vow and the order of the court is not a necessity, but under the shafix

lOMoARcPSD|22892354
(or) the wife gets a ground for applying for divorce and the marriage gets dissolved by
obtaining a decree of the court
26. Legitimacy and legitimating
A child is presumed to be legitimate under the following condition
• A child being born after six lunar months and one or two days more
• If a child is born termination of marriage
a. Within 2 years ( Hanafit law)
b. Within ten Lusar months (shia law)
c. Within 4 lunar month under the maliki and shafi law
The father may rebut the presumption by proving adultery on the past of the mother.
The previsions of Section 112 of the evidence act are at variance with the rules of
Mohammedan law.
That is if the child is born even a day after marriage the presumption will apply. In the
case of termination of marriage, presumption can be made only if the child is born
within 280 days and the mother should remain unmarried.
Presumption may be rebutted ( Refused by argument) if it is proved that the spousis did
not have any access to each other at the time the child could have been begotten
Thus, if a child in burn after 6 months from the date of marriage and within 280 days
after termination of marriage would be valid both as pser section 112 of the Evidence
act.
Thus, if a child is burn after 6 months from the date of marriage and within 280 days
after termination of marriage would be valid both as per Section 112 of the evidence
act.
27. Define probate Explain the procedure to obtain probate?
Introduction:
Probate is granted by the High Court with the court seal and a copy of the will attacked.
A probate is granted by the high court with the court seal and a copy of the bill attached.

lOMoARcPSD|22892354
A will is drawn up to distribute the assets of a deceased testator according to their

wishes
Definition:
Probate is the copy of the will certified under the seal of the court of competent
jurisdiction with the grant of administrator to the estate of the testator
The probate is granted only to the Executor appointed extremely or impliedly by
the will
Procedure for obtaining probate:
• The first step involves making of application to the district judge through a
probate petition which must be duly signed and verified by or on behalf of the
applicant.
• The second step is to send the application to the High court under whose
jurisdiction property falls. Then a lawyer shall purpose the application in some
cases lower court can also accept the application.
• One needs to submit certain documents that can verify the genuine of the will
death certificate and other documents these will , death certificate, and other
documents. There will prove that the testator had free will
• When the court receives the application it verify all the details. Then it invites
the nearest kin of the deceased for claiming the probate. Finally it show cases the
invitation letter at prominent places for invitation of any objection. If after 30
days, the court files no objection the issuance of probate is complete
Section 283 of the Indian succession act empowers the District Judge to comply
with the following procedure before the grant of probate or letters of
administration
1) Probate can be granted only to the executor appointed by the will
2) The appointment may be expresser implied by necessary implication
3) It cannot be granted to any person who is a minor or unsound mind.
The application for letter of administration has to constrain the following

details

lOMoARcPSD|22892354
a) The time of the testators death

b) That the writing annexed in his last will and testament
c) That it was duly executed
d) The assets amount which are likely to come to the petitioners hands
e) Application for probate shall be signed and verified by the executor or
beneficiary
f) The Petitioner shall furnish a blank stamp paper of value equal to the requisite
court fee along with the application.
g) The court shall grant the prolate on the said stamp paper
h) A general public notice is also given in a news paper
28.Explain the provision of Indian Divorce act, 1869 relating to dissolution of

marriage
Grounds for dissolution of marriage section 10 of the Indian divorce and contain
grounds on which a court may dissolve a marriage
1) When one of the parties commits adultery

2) If a party leases to be a Cristian
3) In case of a party being a unbound mind for 2 years
4) If a party has been suffering from leprosy or a venereal diseases for 2 years
5) In case of a party willfully refusing to consummate the marriage
6) When a party has described the spouse for two years or more
7) In case of a party treating the spouse with cruelty
8) If her husband has after marriage been guilty of rape basaltic etc
• Divorce by mutual consent section 10 A
• Nullity of marriage
• Restitution of conjugal rights section 32
• Custody of children ; section 41
29) Explain briefly different kinds of bequests:
• Specific Bequests

lOMoARcPSD|22892354
• General Bequests
• Demonstrative Bequests
30 Define will? What are the kinds of will? How the unprivilegedwill will be
executed.
A will in the declaration by the owner as to how is property is to be distributed after his
death. A will takes effect on the testator’s death and may be revoked at any time before
was death. Revocation needed not be express. A subsequent will shall impliedly revoke
the previous will
31. Specific legally and demonstrative legally
Specific legacies ( Section 142)
It is a legacy of a particulars part of the testator’s property which is distinguished from

all other parts of the property
Eg: a gold ornament of the testator. It is not liable to abatement but liable to ademption.
A bedqueethed to B
The difference between a specific legacy and c demonstrative legally is that, in specific
legally specific property is given to the legatee. In demonstrative legacy, legally is
directly to be paid out of specified property.
The following are not specific legacies:
1) In the case of a certain sum which is bequeathed the layer is not specific merely
because the stock, funds or securities in which it is invested are described in the
will
Demonstrative Legacies (Section 150)
When a testator bequeath a certain sum of money or certain quantity of any other
commodity to be paid out of a primary fund or stock, such legacy is said to be
demonstrative legally.

lOMoARcPSD|22892354
This is a legally directed to be paid out of particular fund. It is not liable to ademption.
Event if the fund ceases to Exist because the legacy is not liable to ademption, the
legacy will be payable out of the general assets.
Even in case the property on which a demonstrative legacy is charged by the will does
not exist at the time of the death of the testator or has been converted into property of a
different kind, it shall be paid out of the general assets of the testator and cannot be
adeemed.
32. Hiba & Hiba Bill Iwaz
It is a gift in Exchange of consideration : The condition are
• A person makes a valid and complete gift to another

• At the time of making it the dower has an intention of asking for a return gift.
• But after the gift is received the dower wisher to reciprocate
• The dower makes a valid and complete gift to the dower and makes it clear that
it is in return for the gift received by him from the dower.
This transaction which commits of two independent gifts and complete in
themselves. The second gift made in return for the first is known and Hiba bil
iwaz. Both these gifts are irremovable though they may be legally revocable if
se returnable.
33) Private Wakf and Public Wakf

1) Public Wakf
If the property is dedicated for use of common man, then it is known as public
wakf, Eg. Wakf for construction of bridge will, road etc
Similarly, the trust for public works of utility which may be religious and
charitable is also public wakfs for Ex Contribution of mosques, schools, college,
Hospitals etc.
In the object of the wakf is also folded, then it is called quasi public wakf. It
provides benefit partly for public and partly for private individually

lOMoARcPSD|22892354
2) Private Wakf:
It is a method by which a Muslim can make provision for maintenance and

support of his family and descendants. It is a kind of transfer of property by the
pun on making the wakf. Such a transfer s without consideration and only
amounts to a gift. It is held to be a gift to bad almighty for certain purposes and
the Wakf should be for a religious and charitable purpose.
34) Explain the power and duties of Executor
Section 305 to 332 of the Indian Succession Act provides four important duties they are
1) Duties to the Court

2) Preferential Payments
3) Duties to Creditors
4) Duties of Hypatics
Powers:
1)Power to apply the income of the estate from the benefit and maintenance of young
beneficiaries.
2) Power to invest the estate of generate income for the benefits of the Estate
3) Power to appoint an agent, a nominee or a custodian in relation to amounts of a trust
35) What is maintenance and comment on the present law on maintenance
Under Muslim Law
• Maintenance of wife
• Maintenance of Children
• Maintenance of Poor Relatives
• Maintenance of aged parents
In Legal serve, maintenance signifying 4 things
1) Food 2) Clothing 3) Lodging (Shelter)

lOMoARcPSD|22892354
The maintenance of wife and children is a primary duty of a person under Muslim
law. A Medium is bound to provide and entitled to receive maintenance from his
ascendants and descendants.
Maintenance of wife :
The husband is bound to maintain his wife under the following condition:
1) If she has attained puberty

2) If she allows free access to herself at all lawful times
She may avail Section 125 Cr.P.C. The court may allow for the
maintenance not exceeding a presceibed time
Maintenance during Iddat:
Iddat is an interval which the woman observes between the termination death or
divorce of one matrimonial alliance
Maintenance under agreement
If there is an agreement between the parties or their guardians, which is not

opposed to public policy, then it entitles the wife of recover maintenance from
the husband
Shah Bano’s case or Mohammedan Ahmed Khan Vs. Shahbano Begum
Maintenance of Children ( Son and daughter)
• A father is liable to maintain his sons till they are minors and to maintain his
daughters till they are married.
• If the child has person source of income, he cannot claim maintenance from his
father.
Maintenance of poor relatives

lOMoARcPSD|22892354
Such poor relatives who are not able to maintain themselves and who are not entitled
to inherit the property of a persons are entitled to maintenance from him such relatives
should be very close and within prohibited degree of relationships.
Maintenance of agal parents in Mohammedan law.
Children have a duty to maintain their aged parents even under the Muslim Laws.
36) Marriage under Mohammedan law is a civil contract critically Examine the
Statement
* Proposal and acceptance
* There should not be concession, framed and under influence
* A contract entered into by a guardian on behalf of a minor may be repudiated
* The parties to the marriage may enter into any anti nuptial or post nuptial
agreement enforceable by law.
* The Breach of contract of marriage is also punishable like that of a contract
* It was also printed out that a valid marriage created rights and duties between
the wife and the husband.
* Dower is a sum of money/ property promised by the husband to be paid to the

wife in consideration of marriage and even if no dower is fixed
* Marriage contract is easily dissolved, the right to dower to the wife is a fundamental
feature of the marriage contract
37.Define pre emption? State the persons who can claim pre-Emption?
Introduction:
The right of pre emption is a right to acquire by compulsory purchase of immovable

property in preference to all other persons. The object of pre emption is to prevent the
introduction of a stranger among co- Sharon
Sunni Law

lOMoARcPSD|22892354
a. Co-sharer in the property

b. A participator in the immunities and appending of the property
c. A neighbor or owner of adjoining immovable property.
Shafi Law
Right of pre emption is available to only a co-owner or co-sharen
Shia law:
Right of pre emption is available only in cases where there are only two oc-sharers in
the property
38. Who is Mohammedan state the effects of conversion of a married

Mohammedan in to other religion
Introduction:
Mohammedan law applies to Mohammedan by birth and Mohammedan by conversion.

Conversion to Islam may be done by a non Muslim who has attained majority and is of
sound mind. A poster means abandoning one’s religion
Persons preferring Islam or the Mohammedan religion are called Muslim. Islam means
peace or submission to God’s will.
A Muslim is one whom believes in the God Allah
• Muslim by origin
• Muslim by conversion
If a Mohammedan married male converts himself to another religion the marriage

automatically come to an end and the wife can marry again without applying to the
court for dissolution of marriage
But if a Mohammedan wife converted herself to another religion the marriage does not
come to an end.

lOMoARcPSD|22892354
She can marry only after obtaining dissolution of the previous marriage under Section
4 of the dissolution of Muslim marriage Act, on some grounds like cruelty, failure to
maintain etc.
In the case of a apostasy by guardian the apostate cannot act as a guardian and loses his
right to contract a minor’s marriage
39) Custody of Child
* The mother has the first right to have the custody of children
* As mother, she has the right of custody of child if she is not disqualified. T
his right is known as right of Hizanat.
* The mother’s right of Hizanant was solely recognized in the interest of the
children and it is an absolute right.
a) Custody of son
* Among the Hanafis, mother’s right of hizanet over son terminate on the son’s
competing the age of 7 years.
b)Custody of Daughter:
Among the Hanafis the mother is entitled to the custody of her daughters till the age
of puberty
Among the Malilikis, Shafiis and the Hanabatis, the mother’s right of custody over her
daughter continues till they are married
The following female are entitled to custody in the absence of mother
1) Maternal grand mother

2) Maternal great grand mother
3) Maternal aunt and great aunt
4) Fall sister
5) Uterine Sister
6) Consanguine sister
7) Parental Aunt

lOMoARcPSD|22892354
40) Paternity
Adoption is unknown to Mohammedan law. The legal effect of adaption in Hindustan
The illegitimate child can be made legitimate by the acknowledgement of a man that
he is the father of the child.
Requirements for a valid acknowledgment
The father should have treated the child as his legitimate child.
Preemption as to paternity
1) A Child being born after six Lunar months and one or two days more
2) If a child is born after termination of marriage
Alimony under divorce Act, 1869 ( Section 36)
During the proceeding the wife my present a petition for expenses of the proceeding
and alimony during the suit such petition may be served on the husband and the court
may order the husband for payment to the wife of the Expenses of the proceedings and
alimony pending the suit as it may deem just
41) Enumerate differences between Sunni and Shia regarding marriage dower
and Divorce
Sl.No SUNNI LAW SHIA LAW

1. Succession to the prophet to be by Succession Mohamed the
election prophet to be by Hereditary
succession
2. Mute marriage is not recognized Muta marriage in recognized
3. Besides father grand father paternal and Only father and grand father act
maternal relation can acts as guardian for as guardian for marriage
the marriage
4. The dower is divided into prompt and The entire dower is prompt
deferred

lOMoARcPSD|22892354
5. There is a legal minimum of a dower There is no legal minimum of

dower
6. Divorce by Taluk can be oral or in writing It should be oral in Arabic
No witness are necessary language in the presence witness
7. Custody of son below 7 years and Custody of son under two years
daughter till puberty should be under the and girl under 7 years to be with
female relation the mother
8. Father is to be maintained children even if Father need not be maintained by
he is an earning member children if he is earning
9. Gift of Musha not valid Gift of Musha is valid
10. The fifth marriage by Muslim male is Fifth marriage is void
irregular
11. Marriage without the presence of witness Such a marriage is void
is irregular
12. Marriage during Iddat is regular It is void
13. A Wakf can be created by mere There must be active transfer of
declaration property
42)Define & Distinguish between valid , Void & Irregular marriage under
Mohammedan Law
According to Muslim law, marriages are the nature of the civil contract and there are 3
finds of marriages
• Valid marriage ( Sahih)

• Irregular (Fasid)
• Void ( Batic)
Valid marriage (Sahih)
• Cohabitation between the husband and wife become lawful

• Children born in a valid marriage and legitimate and can interest their parents
properties.

lOMoARcPSD|22892354
• Establishment of mutual inheritance rights between the husband and wife.

• The wife’s right to claim dower is fully established after the completion of the
valid marriage
• The valid marriage given to the wife the right to maintenance from her husband
with immediate effect.
• After the dissolution of marriage the widow is under an obligation to deserve the
iddat during which she cannot re marry.
Void Marriages (Batd)
• The marriage being void abnition creates no rights or obligation

• The children born in a void marriage are illegitimate
• Marriage forbidder by the rules of blood relationships affinity or fosterage is void
• Marriage with a divorced wife during Iddat Period will be void.
Irregular marriage (fasid)
• Irregular marriage is not permanent in nature and can be removed, thus irregular
marriage itself is not unlawful.
• A marriage contracted without the without the number of witnesses will be
considered on irregular marriage.
• Marriage with woman without here guardian’s comment when such comment
when such comment is necessary is an irregular morning
• Marriage with a 5th Wife irregular marriage
• A marriage with a woman who was pregnant at the time of marriage and the
pregnancy was not caused by adultery.\
43. What is the significant successor certificate? State the procedure to obtain it?
Introduction:
Succession certificate is a certificate issued by the courts. The certificate is granted to

the successor of a deceased person who has passed away intestate when he / she does
not leave a legal will. The certificate provides indemnity to all persons owing such
debts or liable on such scurrility with regard to a person to whom a certificate as granted

lOMoARcPSD|22892354
Procedure to get a succession certificate
Step 1: Need paper petition
Step 2: Verify it an submit it to the district judge in the appropriate jurisdiction after
paying the appropriate court fee
Step 3: The District judge will go through the petition and wide impact the application
Step 4: After that the judge will fix a day for the hearing and also sent notice of the
hearing to whomsoever fits it.
Step 5: After hearing all the concerned parties, the judge will decide whether he/ she
should grant the certificate to the applicant
Step 6: Meanwhile district judge may also require then the applicant to provide a bond
with one or more sureties or security
44. Differentiate Talaq & Divorce
The main difference between Talaq & Divorce is that talaq can be sought by both the
parties without going to the court, Extra Judicially. But divorce is a remedy given to the
Muslim women to approach the count to obtain divorce from her husband, under any of
the 8 grounds mentioned there in
1) Extra Judicial divorce

This is the power of the parties to dissolve the marriage without going to the
court. Such extra judicial method of divorce in Muslim law is called Talaq.
• Extra Judicial Divorce by husband
a) Talaq Absan & Talaq Hasan
b) Ila
c) Zihar
• Extra Judicial Divorce by wife
a) Talaq - I Tafwez
b) Li an
• Extra judicial divorce by mutual agreement
a) Kdula

lOMoARcPSD|22892354
b) Mubarat
2) Judicial divorce
The wife has a right to seek divorce under the dissolution of Muslim marriages
Act, 1939. Divorce is the registration of a married woman and her husband
Judicial divorce is a legal dissolution of marriage contract by a court or other
body having competent authorities. There are 8 grounds under which a Muslim
Woman can claim divorce from her husband
42 Quran
Introduction:
The Quran is the religious book of the Muslims. It is the Primary and classical
source which is a divine origin. It contains 6000 venue arrayed in order. These
venues are revealed by the Angel Gabriel as the Munayyar of God to the prophet
Mohammed at the last 20 years of his life
The versus of the quos deal with legal matters like inheritance, divorce,
guardianship and issues which are not for decision and some revelation were for
effecting social status of women, incidence, prescribing punishment for some
offences etc.
43. Hizarath
Hizarath Guardianship of person of a minor.
Hizarat describes the right of a women / mother to have custody of the child both
legitimate & illegitimate unless proves quilt of misconduct. This right is
enforceable under the father of any third party.
44. Explain the legal impediments of a Muslim marriage meaning of

impediment
Marriage is a civil contract between two persons of opposite six which has for
its object the procreation and the legality of children. Islamic personal laws lay
down some prohibition to a valid marriage on different grounds.
Kinds of Impediments

lOMoARcPSD|22892354
• Permanent Impediments
• Temporary impediments
3. Permanent impediments
There are the impediments which make the marriage void and the marriage is not
allowed in any case
These include following
1. Consanguinity ( Blood Relation)

2. Affinity ( Relationship due to marriage)
3. Fosterage ( Relationship due to sucking of milk)
4. Polyandry ( A Woman marrying more than one man at the same time)
ii) Temporary impediments
These are temporary in nature and as per Hanif law these make the marriage only
irregular not void and can be cured. These include the following
1) Unlawful conjunction
2) Polygancy
3) Iddat
4) Difference of religion
5) Absence of witness
6) Mushrick / Idolatoress woman
45. State the important of shariat Act 1937
* Intestate succession
* Special property of female including personae property inherited or obtained under

contract
* Dissolution of marriage
* Maintenance
* Dower

lOMoARcPSD|22892354
* Guardianship
* Gifts
* Trust and trust properties and Waqfs
44. Khula, Mahaza & Divorce :
It is a type of divorce where if the wife is not satisfied with the husband she can often
to give the dower amount to her husband as compensation for releasing her from the
marriage contract. If the husband accepts the dower amount then the marriage dissolved
and irrevocable
Thus Khala consists of offer from the wife, and its alliance by the husband
So this kind of divorce is like an agreement which is dissolved by payment of

compensation.
Mubarat
It is a type of divorce by mutual consent , here the dissatisfaction is of both the husband
and wife. The husband can offer to release the wife or vice verna. But if the wife often
to release him, then she loser her dower amount.
In Khule & Mubarat the divorce life must observe iddat and during the period of Iddat
the husband must maintain the wife.
Divorce by wife:
A Mohammedan wife may sue for dissolution of marriage on the following grounds
Lian: If the husband falsely accuses the wife of committing adultery she can sue for
divorce
Caveat
The wife has got a right to enter a caveat against her husband who shall damage her
character and to claim reparation of the wrong done to her by him.

lOMoARcPSD|22892354
1. Talak by Taweez: If the husband has agreed under an agreement that she may
sue for divorce under certain contingencies
2. Impotence : of the husband at the time of marriage and continuance of the
disability
45. Who is an administrator? What are his duties and powers ?
Earlier answer
BY
ANIL KUMAR K T LLB COACH

Family Law II Notes Kslu Grand Final

Uploaded by

Copyright:

Available Formats

You might also like

Family Law II Notes Kslu Grand Final

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Family Law II Notes Kslu Grand Final

Uploaded by

Copyright:

Available Formats

lOMoARcPSD|22892354

Family Law II Notes KSLU Grand Final

Llb 3 years (Karnataka State Law University)

Studocu is not sponsored or endorsed by any college or university

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

Karnataka State law university 3 & 5 year LLB

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

1) Explain the various sources of Muslim law & Mohammedan law

There are four main classical sources of Mohammedan Law

1) Quran or the Holy Kuran:

It contains 6000 verses arranged order

It is the identical thinking of various jurists of the Muslim religion

It is the conclusion delivered by congaing the above three sources

Source of Muslim Law in India

a. MusalmanWakf validating Act 1963

2. Judicial precedents (case loss of Supreme Courts and High Courts)

3. Certain books of Jurisprudence and reference books.

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

Abdul KhadaVs. Salima

In this case it was pointed out by justice

1) Proposal and acceptance

Essentials of a Valid marriage:

1. The Parties to the marriage should attain puberty otherwise, such

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

3) The party should be of sound mind otherwise the guardian of the

4) There must be an offer and acceptance at the same meeting and

5) The parties to the marriage should not be within prohibited

6) There is some temporary disqualification can have a maximum of

7) There can be no marriage between a non Mohammedan male and

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

Dower is a sum of money or other property promised by the husband to be paid or

The object of dower

1. To create an obligation on the husband to place his life in respect.

Life MusthanShahibVs Assam Bibi

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

1) Enforcement of dower in the case of divorce

Maine BibiVsChaudaryVakil Ahmed

Widow’s right of Retention:

4. Define dower discuss the various kinds of dower

Earlier answer to be read

5.What are the essentials of a valid marriage under Mohammeden law?

1) Proposal and acceptance

3) Preferential mate solution

4) Religion of the parties

5) Free from legal disability

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

Earlier Answer to be referred

8. Discuss the different mode of Talak

TalakAbsan or Khula (Talaq for single time)

Downloaded by Navaneetha navi (navaneethanavi2507@gmail.com)

Here the husband is given opportunity to reconsider this pronouncement of divorce

Rashid Ahmad VsAnishaKhatoon

• Iddat should be observed by the wife

b) TalakHanan (Talak for three times)

After the third pronouncement, the Talak becomes complete irrevocable

Additional grounds of Divorce by wife:

1) Zihar ( Injurious Assimilation )