Unit 2 of Family Law I (Muslim, Parsi and Christian Law; Indian Succession Act) (syllabus: Module 2 — talaq and its forms, khula, mubarat, DMMA 1939, the 2019 Act; maintenance and the 1986 Act; acknowledgment; guardianship; hiba, pre-emption, wakf). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
Full case summaries
- Rashid Ahmad v Anisa Khatun (Privy Council, 1932) — a triple talaq once pronounced is final, whatever the husband meant
- Shamim Ara v State of U.P. (Supreme Court, 2002) — a talaq must be pronounced, for a reason, after an attempt at reconciliation
- Shayara Bano v Union of India (Supreme Court, 2017) — talaq-e-biddat set aside
- Danial Latifi v Union of India (Supreme Court, 2001) — the 1986 Act upheld, and read to protect the divorced wife for life
- Noor Saba Khatoon v Mohd. Quasim (Supreme Court, 1997) — the children's maintenance is their own, not capped at two years
- Yousuf Rawther v Sowramma (Kerala High Court, 1971) — failure to maintain as a breakdown ground, and khula as the wife's gateway
- Itwari v Asghari (Allahabad High Court, 1960) — there is no "Muslim cruelty"; a husband who takes a second wife must explain himself
- Ghulam Sakina v Falak Sher (Lahore High Court, 1950) — the option of puberty survives a child-marriage's "consummation"