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Family Law I · Unit 2

Dissolution, Maintenance, Parentage, Guardianship and Property under Muslim Law

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.

What this unit covers

  • A husband says in his written statement that he divorced his wife years ago. Is the marriage over?
  • A husband sends the words talaq talaq talaq by message in a fit of anger. What is the position today?
  • Her husband has simply stopped maintaining her. Must she also prove that he was at fault?
  • A husband takes a second wife and then sues the first for restitution. Who has to explain what?
  • Does a divorced Muslim woman's right against her former husband stop at the end of iddat?
  • The 1986 Act pays the mother for the children for two years. Is that all the children get?
  • A mother sells her minor child's land while the father is alive. Is the sale good?
  • Can a Muslim settle his property on his own descendants and call it a wakf?
  • What turns an intended gift into a completed hiba?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit