The question (6 marks)
K and Z, Sunni Muslims of the Hanafi school, were divorced in 2023. Their son is five and their daughter is nine, and both live with Z, who has since married a man unrelated to the children. Z has also sold a plot of land belonging to the son, describing herself in the sale deed as his guardian. K applies for custody of both children and challenges the sale. Advise K. (6 marks)
MU Module II (2.4), guardianship and hizanat; pack ch. 02 maintenance-parentage-and-guardianship.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Dissolution, Maintenance, Parentage, Guardianship and Property under Muslim Law of Family Law I (Muslim, Parsi and Christian Law; Indian Succession Act).
Authorities you will need
- Meethiyan v Mohammad Kunju (1996)
- Guardians and Wards Act
- Muslim Women (Protection of Rights on Marriage) Act
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.