Muslim, Christian and Secular Law: Wills, Succession and the Uniform Civil Code — Practice

Question 1

Which case declared instant triple talaq void and in which year?

Accepted Answer

Shayara Bano v. Union of India, 2017.

Question 2

What does Article 44 provide?

Accepted Answer

The State shall endeavour to secure a uniform civil code for citizens throughout India; it is a Directive Principle and not enforceable.

Question 3

What is mehr and what are its kinds?

Accepted Answer

A sum or property that the husband must pay to the wife on marriage. It may be prompt, payable on demand, or deferred, payable on divorce or death. It is the wife's right and non-payment gives her a debt claim.

Question 4

Trace the law on maintenance of divorced Muslim women from Shah Bano to Danial Latifi.

Accepted Answer

Shah Bano (1985) held that Section 125 CrPC applies to Muslim women. The Muslim Women (Protection of Rights on Divorce) Act, 1986 limited this. Danial Latifi (2001) upheld the Act but required a reasonable and fair provision for her future to be made within the iddat period.

Question 5

State the requirements for the execution of a will under Section 63 of the Indian Succession Act.

Accepted Answer

The testator signs or affixes his mark, and at least two witnesses, each of whom has seen the testator sign, attest it by signing in his presence.

Question 6

A Muslim husband says talaq three times in one sitting. Advise the wife.

Accepted Answer

Instant triple talaq is void under Shayara Bano (2017), and the 2019 Act makes it void, illegal and an offence punishable with up to three years' imprisonment and a fine, cognizable on the wife's information. The marriage continues and she may claim maintenance. Any later talaq must follow the prescribed form with reasonable cause and attempts at reconciliation.

Question 7

How is a will proved and what are suspicious circumstances?

Accepted Answer

At least one attesting witness must be called to prove execution, and the propounder must prove a sound disposing mind and valid execution (H. Venkatachala Iyengar v. B. N. Thimmajamma). Suspicious circumstances include an unnatural disposition, a shaky signature and the propounder's active part in making the will, and they must be removed before the will is accepted.

Question 8

What notice period applies for a marriage under the Special Marriage Act?

Accepted Answer

Thirty days from publication of the notice, for objections, though some High Courts have held the publication directory.

Practice — Muslim, Christian and Secular Law: Wills, Succession and the Uniform Civil Code

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