Total Marks: 70 Maximum Time: 5 Hours

Instructions:

1) No clarifications shall be provided about the question paper during the course of the
exam.
2) Attempt 5 questions out of 7

1. X, had a domicile of origin of Scotland but lived all his life in England, developed a
dislike for UK, leaves the country determined never to return again. He acquires a
domicile of choice of Peru. After residing there for 40yrs, he leaves Peru & takes up
temporary residence in New York. What will be his domicile during his stay in New
York? What is the relevance of domicile for an individual? Can a person stay without a
domicile? (Marks 14)
2. A marriage can be celebrated if the parties meet the substantive requirements of the
domestic law of the country where the marriage is celebrated and one of the parties is a
national of that State. What would be the applicable law to govern the dissolution of
marriage? Under what circumstances can a state refuse to recognize the marriage under
its own law? Support your answers with relevant case laws. (Marks 14)
3. A person domiciled in Nepal & a person habitually resident in Spain make a contract by
e-mail & agree to meet in New York to record a music album. Find the relevant choice of
law rules relating to the contract. What is the significance of mandatory rules in
contracts? (Marks 14)
4. The rules of conflict of laws are not wholly a separate branch of law. They come up in
cases where there is a foreign element in a case. Express your views on the above
statement and explain the nature of private international law. (Marks 14)
5. “The judgment of a competent foreign court imposes a duty or obligation on the Indian
courts to recognize and enforce it unless it is expressly prohibited”. Express your views
for the above statement citing relevant laws and decisions. (Marks 14)
6. ‘An Indian court will apply appropriate foreign law to render justice to the parties before
it. Similarly, English courts have also recognized appropriate foreign laws and
recognized polygamy, marriages by proxy and marriage within prohibited degrees.’
Express your views for the above statement with cases and relevant laws. Also state the
grounds for refusal of application of foreign law. (Marks 14)
7. Adoptions taking place in India are regulated by the Guardians and Wards Act and its of
an inclusive character, being applicable to all except Muslims and is limited t the form of
Guardianship of a ward. What are the laws applicable in the field of inter-country
adoptions? Explain the role played by the Hague Conventions in this regard. (Marks 14)