Family Law MCQs for Judiciary, Page 11

Correct answer: B. A civil contract ('aqd) of a permanent nature whose object is the procreation and legalisation of children; it creates mutual rights and obligations.

In Muslim law, marriage (nikah) is a civil contract (aqd) whose essential object is the legalisation of sexual intercourse and the procreation of children. It requires: (1) ijab (offer) by one party; (2) qabul (acceptance) by the other in the same sitting (majlis); (3) presence of two male witnesses or one male and two female witnesses (in Sunni law); (4) no bar to the marriage. Unlike Hindu marriage which is a sacrament, Muslim marriage is a contract. In Saiyid Rashid Ahmad v. Mt. Anisa Khatun (AIR 1932 PC 25) the Privy Council confirmed the contractual nature of Muslim marriage and the requirement of valid offer and acceptance.

Source note: Muslim Personal Law; Saiyid Rashid Ahmad v. Mt. Anisa Khatun AIR 1932 PC 25

Correct answer: B. Offer and acceptance in the same sitting in the presence of two male witnesses (or one male and two female witnesses who are adult, sane Muslims); no prohibited relationship between parties; absence of other disqualifications

For a valid Sunni Muslim marriage the essential requirements are: (1) proposal (ijab) by one party; (2) acceptance (qabul) by the other in the same meeting; (3) presence of two male witnesses or one male and two female witnesses who are adult, sane, and Muslim; (4) no prohibited degrees of relationship (absolute prohibitions, relative prohibitions); (5) absence of other bars. In Chand Patel v. Bismillah Begum (2008) 1 DMC 588 (SC) the Supreme Court reaffirmed that physical presence of witnesses at the time of offer and acceptance is essential for the validity of a Sunni marriage. For Shia marriage witnesses are not required but conditions are otherwise similar.

Source note: Muslim Personal Law (Shariat); Chand Patel v. Bismillah Begum (2008)

Correct answer: B. Consanguinity (blood relationships - mother, daughters, sisters, aunts, nieces), affinity (step-mother, step-daughter, daughter-in-law, mother-in-law), and fosterage (persons linked by having been suckled by the same wet-nurse); these prohibitions are permanent and cannot be removed by any circumstances

Absolute prohibitions in Muslim marriage arise from three sources: (1) consanguinity - prohibits marriage with all direct relations (mother, daughter, sister, aunt, niece) and their descendants; (2) affinity - prohibits marriage with step-mother, step-daughter, mother-in-law, daughter-in-law, step-grand-mother, step-grand-daughter; (3) fosterage - milk relations are treated like blood relations for marriage prohibition purposes. Marriages within these absolute prohibitions are void (batil) from the beginning. These differ from relative prohibitions (which render the marriage irregular/fasid but not void) and from other circumstances like having four wives simultaneously.

Source note: Muslim Personal Law; Mulla's Principles of Muhammadan Law

Correct answer: B. A sum of money or property promised by the husband to the wife as a mark of respect for her and as security; it is the wife's absolute property.

Mahr (dower) in Muslim law is an obligation imposed on the husband as a mark of respect for the wife. It is the wife's absolute property and she can deal with it as she wishes. Mahr can be: (a) prompt (mu'ajjal) - payable on demand at any time during the marriage; the wife can refuse cohabitation (refuse to share the marital bed) until prompt mahr is paid; (b) deferred (mu'wajjal) - payable on dissolution of marriage by death or divorce. In Ms. Ghulam Kubra Bibi v. Mohd. Shafi Mohd. Din (AIR 1940 Pesh 2) the court held that a wife can legitimately refuse conjugal relations until the prompt mahr is paid.

Source note: Muslim Personal Law; Ms. Ghulam Kubra Bibi v. Mohd. Shafi Mohd. Din AIR 1940 Pesh 2

Correct answer: B. Based on the dower of the wife's paternal female relations such as her father's sister, taking into account her personal qualifications (beauty, age, education, understanding), her husband's financial circumstances, and the prevailing standard of mahr in the family

Proper dower (mahr al-mithl) applies where no dower was specified at the time of marriage or where the marriage was invalid. It is assessed with reference to: (1) dower of the wife's father's sister or nearest paternal female relatives; (2) wife's personal qualifications - age, beauty, education, understanding; (3) husband's financial position; (4) place and time of marriage. In Saiyid Rashid Ahmad v. Mt. Anisa Khatun (AIR 1932 PC 25) the Privy Council held that a wife who has not been given specified dower is entitled to proper dower. Maximum dower (mahr al-mithl al-azam) is the amount a woman of similar standing in similar circumstances would receive.

Source note: Muslim Personal Law; Saiyid Rashid Ahmad v. Anisa Khatun AIR 1932 PC 25

Correct answer: B. Instantaneous triple talaq (talaq-e-biddat) has been declared void and illegal by the Supreme Court in Shayara Bano v.

In Shayara Bano v. Union of India (2017) 9 SCC 1 a 3:2 majority of the Supreme Court held that talaq-e-biddat (instantaneous triple talaq) was manifestly arbitrary and unconstitutional under Article 14. The Muslim Women (Protection of Rights on Marriage) Act 2019 subsequently made the pronouncement of triple talaq in any form - spoken, written, or electronic - void, illegal, and a cognizable offence punishable with imprisonment up to 3 years and fine. The wife is entitled to maintenance and custody of children. The 2019 Act resolved the post-Shayara Bano uncertainty about consequences.

Source note: Muslim Women (Protection of Rights on Marriage) Act 2019; Shayara Bano v. Union of India (2017) 9 SCC 1

Correct answer: B. Talaq-ul-sunnat (ahsan and hasan) which are revocable forms during the iddat period; and talaq-ul-biddat (triple talaq) which was traditionally considered final but has now been declared void and made a criminal offence; divorce by mutual agreement (khula and mubarat) also exists

Under Sunni Muslim law, the recognised valid forms of talaq include: (1) Talaq-ul-sunnat: (a) ahsan - one talaq pronounced during tuhr (purity) followed by abstinence during iddat, final after iddat; (b) hasan - three talaqs in three successive tuhrs, each followed by abstinence, final after third; (2) Talaq-ul-biddat (triple talaq) - traditionally recognised but now void and criminal under the 2019 Act; (3) Khul - divorce at the wife's instance in exchange for returning the mahr; (4) Mubarat - divorce by mutual agreement with both parties desirous of separation; (5) Ila - husband's oath to abstain from cohabitation for 4 months; (6) Zihar - compare wife to a prohibited relation.

Source note: Muslim Personal Law; Muslim Women (Protection of Rights on Marriage) Act 2019

Correct answer: B. Khul is divorce at the instance of the wife; she offers to give up her mahr or some other consideration to the husband for releasing her from the marriage.

Khul (Arabic: taking off) is a form of divorce by mutual consent where the wife offers to return her mahr or some other consideration (khul) to the husband in exchange for releasing her from the marriage. The husband accepts and pronounces a talaq. In mubarat both parties desire dissolution and the offer can come from either side. Both forms require the husband's acceptance but khul is wife-initiated while mubarat may be initiated by either party. After khul or mubarat the divorce is irrevocable (talaq-e-bain). The consideration in khul cannot exceed the amount of mahr received by the wife.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. For divorce: three menstrual courses for a menstruating woman; three lunar months for a post-menopausal woman.

Iddat in Muslim law serves multiple purposes: ascertaining pregnancy, allowing for reconciliation in revocable divorces, and observing mourning in case of husband's death. The periods are: divorce (non-pregnant) - 3 menstrual cycles (quru) for a menstruating woman; 3 lunar months for post-menopausal or pre-pubescent women; divorce (pregnant) - until delivery; husband's death (non-pregnant) - 4 months and 10 days; husband's death (pregnant) - until delivery or 4 months 10 days (whichever is longer). During iddat after divorce the husband must provide maintenance. After irrevocable talaq the former husband can re-marry his ex-wife only after she has married another man (halala), which itself is a contested practice.

Source note: Muslim Personal Law

Correct answer: B. Shah Bano held she was entitled to Section 125 CrPC maintenance; the 1986 Act reversed this by restricting liability to within the iddat period but obligated relatives and Waqf Boards to provide maintenance thereafter; in Danial Latifi v.

The Shah Bano case (AIR 1985 SC 945) held that a divorced Muslim woman could claim maintenance under Section 125 CrPC beyond the iddat period. The Muslim Women (Protection of Rights on Divorce) Act 1986 was enacted in response, restricting the husband's liability to maintenance during iddat and providing for a 'reasonable and fair provision for maintenance' up to the time of divorce. In Danial Latifi v. Union of India (2001) 7 SCC 740 the Supreme Court upheld the 1986 Act's constitutionality while interpreting that 'reasonable and fair provision' includes provision for the rest of the divorced wife's life, effectively restoring substantial maintenance protection.

Source note: Shah Bano Begum v. Mohammed Ahmed Khan AIR 1985 SC 945; Danial Latifi v. Union of India (2001) 7 SCC 740

Correct answer: B. Up to four wives simultaneously, provided he can treat them equitably; the Quran conditions polygamy on the ability to do equal justice among wives.

Muslim personal law (derived from the Quran) permits a Muslim man to have up to four wives simultaneously, subject to the condition of just and equal treatment of all wives. The Quran in Surah An-Nisa (4:3) says 'marry women of your choice, two, three or four; but if you fear that you will not be able to deal justly, then only one.' The Indian Muslim personal law continues to permit polygamy (unlike Turkey, Tunisia, and other Muslim countries that have legislated against it). The Special Marriage Act 1954 is an alternative for Muslims who wish to have a monogamous marriage with civil law consequences.

Source note: Muslim Personal Law (Shariat) Application Act 1937

Correct answer: B. Irregular (fasid) under Sunni law; it renders the marriage irregular but not void.

Under Sunni Muslim law, a marriage contracted during the iddat period is an irregular (fasid) marriage, not a void marriage. The distinction between fasid (irregular) and batil (void) is important in Sunni law: an irregular marriage has some legal effects (children are legitimate, dower is payable) but is not fully valid. Once the iddat is over, the parties who have cohabited are treated as validly married. Under Shia law, the classification differs and a marriage during iddat may be void. The basis for prohibition of marriage during iddat is to ensure paternity certainty.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Husband's whereabouts unknown for 4 years; failure to maintain for 2 years.

The Dissolution of Muslim Marriages Act 1939 was enacted to give Muslim women a statutory right to seek court-ordered dissolution of marriage. Section 2 lists the grounds: (a) husband's whereabouts unknown for 4 years; (b) failure to provide maintenance for 2 years; (c) husband sentenced to imprisonment for 7 or more years; (d) failure to perform marital obligations without reasonable cause for 3 years; (e) impotence at the time of marriage and continuing; (f) insanity for 2 years or more, leprosy or virulent venereal disease; (g) the wife was given in marriage before 15 years and repudiated it before 18; (h) cruelty; (i) any ground recognised by Muslim personal law.

Source note: Section 2, Dissolution of Muslim Marriages Act 1939

Correct answer: B. A revocable talaq (talaq-e-raji) - such as ahsan and hasan forms - can be revoked by the husband expressly or by resumption of conjugal relations during the iddat period; if not revoked the marriage dissolves on expiry of iddat; an irrevocable talaq (talaq-e-bain) - such as triple talaq (now void under 2019 Act) or khul - takes immediate effect and cannot be revoked

Muslim law distinguishes between revocable (raj'i) and irrevocable (ba'in) talaq: Revocable talaq (ahsan and hasan forms) can be revoked by the husband during the iddat period by words or action (resuming conjugal relations); if not revoked the marriage dissolves at the end of iddat. Irrevocable talaq dissolves the marriage immediately with no possibility of resumption unless the wife marries another man and that marriage is consummated and then dissolved. A minor irrevocable talaq (bain sughra) allows remarriage without halala; a major irrevocable talaq (bain kubra/mughallaza) requires halala before remarriage.

Source note: Muslim Personal Law

Correct answer: B. Is an absolute obligation during the subsistence of the marriage; the husband must provide food, clothing, and lodging according to his means.

A Muslim husband has an absolute obligation to maintain his wife during the subsistence of the marriage (nafaqa). The maintenance includes food, clothing, and lodging in accordance with his means. The wife's right to maintenance is not contingent on her ability or inability to maintain herself. The wife forfeits maintenance if she is nushuz (unjustifiably disobedient) - specifically if she refuses to cohabit without valid cause or leaves the matrimonial home without the husband's consent. The obligation to pay maintenance continues even if the husband is in jail or is ill; it is not conditional on his presence in the matrimonial home.

Source note: Muslim Personal Law

Correct answer: B. Marriage without witnesses; marriage with a fifth wife.

In Sunni Muslim law, irregular (fasid) marriages are those contracted in circumstances that create procedural/situational bars rather than absolute prohibitions. Examples of irregular marriages include: marriage without witnesses; marriage with a fifth wife (when four wives are already present); marriage during the woman's iddat; marriage with two sisters simultaneously. Irregular marriages have some legal consequences (children are legitimate, mahr is payable) but can be dissolved by either party. They are not void ab initio like marriages within absolute prohibitions (batil marriages). In Shia law the fasid/batil distinction is different and marriage without witnesses is valid.

Source note: Muslim Personal Law; Mulla's Principles of Muhammadan Law

Correct answer: B. Family matters including marriage, divorce, succession, and maintenance, Muslim personal law (Shariat) shall be applied in matters where parties are Muslim; this Act formally adopted Muslim personal law as the governing law for Muslims in these matters

The Muslim Personal Law (Shariat) Application Act 1937 provides that in matters of intestate succession, marriage, dissolution of marriage, maintenance, dower, guardianship, gift, and wakf, the rule of decision in all cases where parties are Muslim shall be Muslim personal law (Shariat). Before this Act many Muslims in some provinces were governed by customary law rather than Shariat. The Act adopted the Shariat as the governing personal law for Muslims in these specified matters. It does not apply to matters like commercial transactions, agricultural land, and testamentary succession in some states.

Source note: Muslim Personal Law (Shariat) Application Act 1937

Correct answer: B. A marriage of a minor was contracted by someone other than the father or grandfather; on attaining puberty the minor can repudiate the marriage.

Under Sunni (Hanafi) Muslim law, a minor's marriage contracted by a guardian other than the father or grandfather can be repudiated by the minor on attaining puberty (option of puberty - khayar-ul-bulugh). If the guardian was the father or grandfather the option does not arise, because these two guardians are given a higher level of trust under Muslim law. The option must be exercised promptly on attaining puberty; delay may be taken as ratification. Under the Child Marriage Restraint Act 2006 (and its successor) child marriage is prohibited but not void under Muslim personal law in the absence of statutory nullification.

Source note: Muslim Personal Law; Mulla's Principles of Muhammadan Law

Correct answer: B. Declaration (ijab) of the gift by the donor; acceptance (qabul) by the donee or on his behalf.

Under Muslim law a gift (hiba) requires three essentials: (1) ijab - declaration by the donor of his intention to give; (2) qabul - acceptance by the donee or on his behalf by a guardian or parent; (3) qabz - delivery of possession to the donee. Unlike Hindu or English law, delivery of possession is a mandatory requirement for Muslim gifts; a mere declaration without delivery is not a complete gift. For immovable property, symbolic delivery (such as handing over the title document) can constitute delivery. A gift of property already in the donee's possession is complete without further delivery.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. A maximum of one-third of the net estate after payment of debts; a bequest exceeding one-third requires the consent of all legal heirs.

Muslim law restricts testamentary freedom significantly: (1) only up to 1/3 of the net estate (after funeral expenses and debts) can be bequeathed; (2) a bequest in excess of 1/3 requires unanimous consent of all heirs; (3) a bequest to a natural heir (who is entitled to inherit) is void unless all other heirs consent. These restrictions reflect the Islamic law principle that the law of inheritance cannot be circumvented through testamentary dispositions. The 2/3 of the estate must pass by compulsory Islamic law succession (faraid). The 1/3 limitation is per the Prophet's direction for compassionate allocation to strangers.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Sharers are heirs entitled to specific fractional shares prescribed by the Quran (1/2, 1/4, 1/8, 2/3, 1/3, 1/6); residuaries take whatever remains after sharers have taken their portions; if residuaries exist alone they take the entire estate

Muslim law of inheritance divides heirs into: (1) Ashab al-furud (Quranic heirs/sharers) - entitled to specific fractional shares prescribed in the Quran: husband (1/4 or 1/2), wife (1/8 or 1/4), daughter (1/2 or 2/3 if two or more), father (1/6), mother (1/3 or 1/6), etc.; (2) Asabat (residuaries) - heirs who take the residue after sharers have taken; primarily agnatic relations - son, son's son, father, grandfather, brothers; if there are no sharers residuaries take the whole. Where the shares exhaust the estate, residuaries get nothing (radd - increase to sharers, is available under Hanafi law for some heirs).

Source note: Muslim Personal Law; Singhal Family Law II on Muslim Succession

Correct answer: B. Male agnates related to the deceased without the intervention of any female in the line of descent: son, son's son (however low), father, father's father (however high), brother, brother's son, paternal uncle and his sons; they take the residue in order of priority

Asaba bi-nafs (residuaries by themselves) are the primary class of residuaries in Muslim law. They are male agnatic relatives related through an unbroken male line. They take in order of proximity: (1) sons; (2) father; (3) full brother, half-brother (from father's side); (4) paternal uncle; (5) and so on. Asaba bi ghayrihi (residuaries through another) are females who become residuaries with a male counterpart: daughter becomes a residuary when there is a son; sister becomes a residuary when there is a brother. Asaba ma' ghayrihi (residuaries with another) are sisters who become residuaries in the presence of daughters.

Source note: Muslim Personal Law; Singhal Family Law II

Correct answer: B. After all sharers have taken their prescribed fractional shares there is a residue remaining and there is no asaba (residuary) to take it; the surplus is returned (radd) to the sharers in proportion to their shares, excluding the husband or wife

The doctrine of radd (return) in Hanafi (Sunni) law applies when: (1) the prescribed fractional shares of sharers do not exhaust the entire estate; (2) there is no residuary (asaba) to take the remainder. In such cases the surplus is returned proportionately to the sharers, but the husband and wife are excluded from radd (they cannot get more than their fixed fractional share). This doctrine is accepted in Hanafi law but rejected in Maliki law where the excess goes to the public treasury (bayt al-mal). In India Hanafi law applies to most Sunni Muslims.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. The fractional shares of all Quranic sharers taken together exceed unity (the total estate); in such cases each sharer's fractional share is proportionately reduced so that all shares total exactly one; effectively the total is treated as the denominator and each sharer's numerator remains unchanged

Aul (increase/proportionate reduction) applies when the sum of the Quranic fractions exceeds 1. For example if the heirs are a wife (1/8), two daughters (2/3), and mother (1/6): 1/8 + 2/3 + 1/6 = 3/24 + 16/24 + 4/24 = 23/24, which is less than 1 so no aul here. But if the fractions exceed 1 each fraction is reduced proportionately by treating the total numerators as the new denominator. The Maliki, Shafi'i, and Hanafi schools accept aul; the Shia school (following Ali's position) rejects it and instead reduces female relatives' shares.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law

Correct answer: B. Three types: (1) guardianship of person (hizanat/custody) - mother has priority for custody of young children (sons up to 7 years, daughters until puberty under Hanafi law) but she loses custody on remarriage to a stranger; (2) guardianship of property - father is the primary guardian of property followed by grandfather; (3) testamentary guardianship - appointed by father's will

Muslim law recognises three forms of guardianship: (1) hizanat (custody for upbringing): mother has priority for young children - sons up to 7 years (Hanafi), daughters until puberty; the mother loses this right on misconduct or remarriage to a person not related to the child; (2) wilayat al-mal (guardianship of property): father is primary guardian with duty to invest the minor's property beneficially; (3) wilayat al-nikah (guardianship for marriage): important for contracting marriages of minors. In all guardianship matters the welfare of the child is paramount as per Indian courts applying the guardian and wards act along with personal law.

Source note: Muslim Personal Law; Fyzee's Outlines of Muhammadan Law