Judicial Services Exam (PCS-J) Family Law and Personal Laws Syllabus

What is the doctrine of survivorship in Mitakshara coparcenary, and what happened to it after 2005?

Under survivorship, on a coparcener's death his interest devolved on the surviving coparceners (not by succession). The 2005 amendment abolished survivorship; a coparcener's interest now devolves by testamentary or intestate succession under the Act.

Who is a Karta and what are his key powers?

The Karta is the manager of a Hindu joint family (usually the senior-most member). His powers include managing family affairs and property, representing the family, contracting debts for family/legal necessity, and alienating joint property for legal necessity, benefit of estate, or religious/pious obligation.

On what three grounds may a Karta validly alienate joint family property?

(1) Legal necessity (apatkale), (2) benefit of the estate (kutumbarthe), and (3) discharge of indispensable religious or pious obligations (dharmarthe).

What is partition under Hindu law and what property is subject to it?

Partition is the division of joint family property bringing the joint status to an end and converting coparceners into separate owners. Only coparcenary (ancestral/joint) property is partible; separate or self-acquired property is not subject to partition.

What is reunion under Hindu law and who can be parties to it?

Reunion is the restoration of the joint family status after a partition. It can take place only among parties to the original partition who are father, brothers, or paternal uncle and nephew (per Mitakshara), and requires an intention to reunite in estate and interest.

Under the Hindu Succession Act, 1956, what are the categories of heirs for a male Hindu dying intestate?

Property devolves first on Class I heirs; if none, on Class II heirs; if none, on agnates; and if none, on cognates. (Failing all, it escheats to the State.)

Name the principal Class I heirs of a male Hindu under the Hindu Succession Act.

Class I heirs include: mother, widow, son, daughter, and the children/widow of a predeceased son or daughter (and their descendants). They inherit simultaneously and to the exclusion of all others, each taking per stirpes for predeceased branches.

How does property of a female Hindu dying intestate devolve under Section 15 of the Hindu Succession Act?

Generally it devolves first on her sons, daughters (and children of predeceased children) and husband; then on the husband's heirs; then her mother and father; then father's heirs; then mother's heirs. Special rules (Sec 15(2)) divert property inherited from parents back to the father's heirs, and property from husband/father-in-law back to the husband's heirs, if she leaves no issue.

What is the rule of 'simultaneous death' (Section 21) under the Hindu Succession Act regarding survivorship presumption?

Where two persons die in circumstances making it uncertain who died first, Section 21 presumes, for succession purposes, that the younger survived the elder.

What are the essential conditions for a valid adoption under the Hindu Adoptions and Maintenance Act, 1956?

(1) Adopter has capacity and right to adopt; (2) the person giving in adoption has capacity; (3) the person adopted is capable of being adopted; and (4) the adoption is made in compliance with the Act (including actual giving and taking of the child).

What are the conditions regarding who may be adopted under the Hindu Adoptions and Maintenance Act?

The child must be a Hindu, not already adopted, unmarried (unless custom permits), and below 15 years (unless custom permits). If adopting a son, the adopter must not have a living Hindu son/grandson; if adopting a daughter, must not have a living Hindu daughter/granddaughter. There must be at least 21 years' age gap if adopting a child of opposite sex.

Who is the natural guardian of a Hindu minor under the Hindu Minority and Guardianship Act, 1956?

For a boy or unmarried girl, the father, and after him the mother (the mother having custody of a child below 5 years ordinarily). For an illegitimate child, the mother first and then the father. For a married minor girl, the husband.

What is the doctrine of 'welfare of the minor' under the Guardians and Wards Act / Hindu Minority and Guardianship Act?

The welfare of the minor is the paramount consideration in appointing or declaring a guardian, overriding the statutory order of preference of guardians. The court considers age, sex, religion, character of guardian, wishes of the minor, etc.

What are the four classes of sources of Muslim law?

Primary sources: (1) Quran, (2) Sunna/Hadith (traditions of the Prophet), (3) Ijma (consensus of jurists), and (4) Qiyas (analogical deduction). Secondary sources include legislation, custom, judicial precedent, and equity (Istihsan).

Name the two main sects of Muslim law and their principal sub-schools.

Sunni and Shia. Sunni sub-schools: Hanafi, Maliki, Shafi'i, and Hanbali (most Indian Muslims follow Hanafi). Shia sub-schools: Ithna Ashari (Twelvers), Ismaili, and Zaidi.

What is the legal nature of Nikah (Muslim marriage)?

Nikah is a civil contract (not a sacrament) for the legalization of intercourse and procreation of children. It requires offer (ijab) and acceptance (qubool) at one meeting, with competent parties, free consent, and witnesses (two males or one male and two females under Sunni law).

Classify Muslim marriages as valid (sahih), irregular (fasid) and void (batil), with an example of each.

Sahih (valid): all legal requirements fulfilled. Fasid (irregular, Sunni only): a curable defect, e.g., marriage without witnesses or with a 5th wife or to a Kitabia woman without lawful condition. Batil (void): permanent prohibition, e.g., marriage within prohibited degrees of consanguinity. (Shia law recognizes only valid and void, not irregular.)

What is Mahr (dower) in Muslim law, and what are its kinds?

Mahr is a sum of money or property the wife is entitled to from the husband as a consideration/obligation of marriage. Kinds: (1) Specified dower (mahr-i-musamma) — prompt (muajjal, payable on demand) or deferred (muwajjal, payable on dissolution/death); and (2) Proper/customary dower (mahr-i-misl) where no amount is fixed.

What remedies does a Muslim wife have if prompt dower is not paid?

She may refuse to live with the husband and refuse conjugal rights until prompt dower is paid (right to retention), she may sue for recovery of dower as a debt, and a widow may retain possession of the husband's property until her dower is satisfied (right of retention).

What are the main modes of dissolution of a Muslim marriage?

By death; by the husband (Talaq, Ila, Zihar); by mutual consent (Khula and Mubarat); and by the wife or through court (Talaq-i-tafweez/delegated divorce; and judicial divorce under the Dissolution of Muslim Marriages Act, 1939). Lian (false charge of adultery) is also a ground.

Distinguish Talaq-ul-Sunnat from Talaq-ul-Biddat.

Talaq-ul-Sunnat is the approved revocable form: Ahsan (single pronouncement during a tuhr followed by abstinence through iddat) or Hasan (three pronouncements in three successive tuhrs). Talaq-ul-Biddat (triple talaq/instantaneous) is the disapproved irrevocable form, now void and a punishable offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

What is the difference between Khula and Mubarat in Muslim law?

Both are divorce by mutual consent. In Khula, the divorce is at the instance of the wife, who gives consideration (often forgoing her dower) to the husband for release. In Mubarat, the desire to separate is mutual and either party may initiate; neither is the offeror in particular.

List the grounds available to a Muslim wife under the Dissolution of Muslim Marriages Act, 1939.

Husband's whereabouts unknown for 4 years; failure to maintain for 2 years; imprisonment for 7+ years; failure to perform marital obligations for 3 years; impotence; insanity/leprosy/venereal disease; option of puberty (married before 15, repudiated before 18); cruelty; and any other ground recognized under Muslim law.

What is Hiba (gift) in Muslim law and what are its three essentials?

Hiba is an immediate and unconditional transfer of ownership of property without consideration. The three essentials are: (1) declaration of gift by the donor, (2) acceptance by the donee, and (3) delivery of possession of the gifted property.

What is a Wakf in Muslim law?

A Wakf is the permanent dedication by a Muslim of any property for a purpose recognized as religious, pious or charitable. Ownership is deemed to vest in God; the usufruct is applied for the beneficiaries, and the property becomes inalienable, irrevocable and perpetual. It is managed by a Mutawalli.

What is the role and status of a Mutawalli in a Wakf?

A Mutawalli is the manager or superintendent of the Wakf property, not its owner. He manages the property and applies the income to the Wakf's purposes; he cannot alienate Wakf property without court/authority permission and holds it like a trustee/servant of the Wakf.

State two key general rules of inheritance under Muslim (Sunni Hanafi) law.

(1) There is no concept of right by birth; inheritance opens only on death and a heir must survive the deceased. (2) Heirs are divided into sharers (Quranic heirs with fixed shares), residuaries (asabat, who take the remainder), and distant kindred. Generally a son takes double the share of a daughter.

What is the restriction on testamentary disposition (will/wasiyat) under Sunni Muslim law?

A Muslim can bequeath only up to one-third of his net estate (after debts and funeral expenses) by will; a bequest beyond one-third or to an heir is invalid unless the other heirs consent after the testator's death.

What are the essential conditions for a valid marriage under the Special Marriage Act, 1954?

Neither party has a living spouse; both are of sound mind capable of consent; male has completed 21 and female 18 years; and the parties are not within the degrees of prohibited relationship (unless custom governing at least one permits). It applies to any two persons irrespective of religion (inter-faith/civil marriage).

What is the notice and objection procedure under the Special Marriage Act, 1954?

Parties give written notice to the Marriage Officer of the district where one has resided at least 30 days. The notice is published; any person may object within 30 days on the ground that the marriage contravenes the conditions. If no valid objection (or after inquiry), the marriage is solemnized; succession to such marriages is governed by the Indian Succession Act.

What reliefs and to whom does the Protection of Women from Domestic Violence Act, 2005 provide?

It protects an 'aggrieved person' (woman in a domestic relationship, including marriage or relationship in the nature of marriage) against domestic violence (physical, sexual, verbal, emotional, economic abuse). Reliefs include protection orders, residence orders (right to reside in the shared household), monetary relief, custody orders, and compensation, granted by a Magistrate.

What is the scope of maintenance under Section 125 of the Code of Criminal Procedure (now Section 144 BNSS), and who can claim it?

It provides a speedy secular remedy against neglect to maintain. Claimants are a wife (including a divorced wife not remarried) unable to maintain herself, legitimate or illegitimate minor children, major children unable to maintain themselves due to infirmity, and parents unable to maintain themselves. It applies regardless of religion.

What did the Supreme Court hold in Mohd. Ahmed Khan v. Shah Bano Begum (1985) and how did Parliament respond?

The Court held a divorced Muslim woman could claim maintenance under Section 125 CrPC beyond the iddat period. Parliament responded with the Muslim Women (Protection of Rights on Divorce) Act, 1986, providing for a reasonable and fair provision within iddat; later Danial Latifi (2001) interpreted the 1986 Act to require provision extending beyond iddat for the woman's whole life unless she remarries.

Who can be appointed guardian under the Guardians and Wards Act, 1890, and what is the paramount consideration?

The court may appoint or declare a guardian of the person or property of a minor. The welfare of the minor is the paramount consideration, taking into account age, sex, religion, the character and capacity of the proposed guardian, kinship with the minor, the wishes of a deceased parent, and the preference of a minor old enough to form an intelligent preference.

What is dowry as defined under the Dowry Prohibition Act, 1961?

Dowry means any property or valuable security given or agreed to be given directly or indirectly by one party to a marriage to the other, or by parents/others, in connection with the marriage. It does not include dower (mahr) in Muslim law or customary gifts not demanded as consideration for the marriage.

What penalties does the Dowry Prohibition Act, 1961 prescribe for giving/taking and demanding dowry?

Giving or taking dowry (Sec 3) is punishable with imprisonment of not less than 5 years and a fine of not less than Rs. 15,000 or the value of dowry, whichever is more. Demanding dowry (Sec 4) is punishable with imprisonment of 6 months to 2 years and fine up to Rs. 10,000.

What do Section 304B IPC (now BNS) and Section 498A IPC penalize regarding dowry-related offences?

Section 304B (dowry death): where a woman dies of burns/bodily injury or otherwise than under normal circumstances within 7 years of marriage and was subjected to cruelty/harassment for dowry soon before death; punishment is minimum 7 years up to life. Section 498A (cruelty by husband/relatives) punishes cruelty including dowry-related harassment with up to 3 years and fine.

What is the presumption under Section 113B of the Indian Evidence Act in dowry death cases?

Where it is shown that soon before her death a woman was subjected to cruelty or harassment for or in connection with a dowry demand, the court shall presume that the accused caused the dowry death (a mandatory presumption shifting the burden to the accused).

Compare the position of a daughter's right in coparcenary property before and after the 2005 amendment.

Before 2005: a daughter was a member of the joint family but not a coparcener; she had no right by birth and could not demand partition of coparcenary property. After 2005: she is a coparcener by birth with the same rights and liabilities as a son, including the right to demand partition and to dispose of her interest.